AOS + Filing back taxes

[Chris_B 9]

Hello,

My husband and I are preparing to file AOS from a K1 visa. I know that i'm supposed to provide the 3 previous years of returns. I filed in 2012 and 2010 but not in 2011. I was a student at the time and didn't earn a lot of money doing work study. Should I file now? Can I provide the 2009 return instead?

Christina

[c12h22oh 11]

NO ....YOU ONLY NEED TO PRESENT THE LAST TAXES ... MY FIANCE WENT THROUGHOUT THE PROCESS AND I GAVE HER MY LAST TAXES THAT IS ALL .. IN SPITE OF THE DISTANCE TRY TO KEEP THE FLAME BETWEEN ON AT ALL TIME ..

[KayDeeCee 4,891]

Wow, annoying font and large gif images AND incorrect information. Also, your fiancee has not gone through the process of filing for AOS and you providing the I-864, which is what this topic is about.

You only need to include the most recent tax transcript with the I-864, but you need the information from the last 3 years worth where it asks. It also has a box to check about filing taxes for the last 3 years.

OP> If you did not earn enough in 2011 to be required to file, then you need to include a statement as to why you were not legally required to file that year.

From the I-864 instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.