Tax Late Filed

[lusomundo 0]

Hi,

I recently got married to a US citizen, and we are currently filing the AOS paperwork.We have an issue regarding the affidavit of support i-864. The form states that it is needed to provide the W2 forms for the last 3 years My wife didn't file tax in 2007 and 2008, although she had to. She just thought her income wouldn't be enough for her to have to file. We are now working on filing the missed years. Do you know how long it is going to take for the IRS to process the taxes and be able to provide a transcript?

Thank you for your help.

[engineer21 51]

Hi,

I recently got married to a US citizen, and we are currently filing the AOS paperwork.We have an issue regarding the affidavit of support i-864. The form states that it is needed to provide the W2 forms for the last 3 years My wife didn't file tax in 2007 and 2008, although she had to. She just thought her income wouldn't be enough for her to have to file. We are now working on filing the missed years. Do you know how long it is going to take for the IRS to process the taxes and be able to provide a transcript?

Thank you for your help.

Tax returns for the other 2 years are optional.

The only required one for AOS is 2009 tax return.

If you have that, you are all set as far as filing AOS.

Definitely file all the other missed years ASAP though!

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as it appears from your post that you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[lusomundo 0]

Thanks for your help. Anyone has already been in similar situation? I mean I know that only providing the latest year tax form is mandatory, but what is the USCIS going to check this?

[Nich-Nick 3,353]

Hi,

I recently got married to a US citizen, and we are currently filing the AOS paperwork.We have an issue regarding the affidavit of support i-864. The form states that it is needed to provide the W2 forms for the last 3 years My wife didn't file tax in 2007 and 2008, although she had to. She just thought her income wouldn't be enough for her to have to file. We are now working on filing the missed years. Do you know how long it is going to take for the IRS to process the taxes and be able to provide a transcript?

Thank you for your help.

2007 - A single person earning more than $8750 needs to file

2008 - A single person earning more than $8950 needs to file

If she earned less than that, then she only needs to include a letter saying "In 200X, my income was $XXX.XX, so I was not required to file." That's all they need. BUT if she earned more than that, she needs to file.

By not filing in 2007, she passed up $600 from the government. You had to file to get it, even if you otherwise didn't earn enough to be required to file. If she had a job and money was withheld from her paychecks, she would have to file to get that money back, even if she wasn't otherwise required to do so.

On the I-864, she has to list her earnings in 2007, 2008, and 2009 but she only has to include the 2009 tax return and W2. The instructions state to send the most recent, but you can optionally send three years if you think it will help your case. If she had low income in 2007 and 2008, then that would NOT help her case so I wouldn't send those.

USCIS can request that you send 2007 and 2008 returns if they question her ability to support you and want to dig a little deeper. They would send a request for further evidence if they wanted to see older tax returns. Then you would have a problem producing those returns, so get started correcting that if she did need to file. Other than causing a problem with AOS, she's breaking the law. I have no idea how long it takes to process a late return, but at least you could supply a photocopy of the returns you mailed in. You don't have to have a transcript. Just prepare the return and photocopy it before mailing.