I-864 and late tax filing - need advice

[nycsucaj 0]

Hello, I recently filled out an I-864 in support of my wife, but realized that I had not filed taxes for 2013 or 2014. I have filed both since realizing this (to be clear, I should have filed and meet the income requirements).

However, the I-864 instructions say I must submit "transcripts documenting the late filing". Since I paper-mailed my tax returns, how do I obtain these transcripts? Can I just submit my late 1040s along with the I-864? Has anyone been in a similar situation or can please provide any quick advice? Thank you...

[teeak 224]

I think the key word is "IRS-generated tax return transcript documenting your late filing". You will probably need to wait until a tax transcript is generated for 2013 and 2014.

I think after e-filing, it takes about 2-4 weeks after the return was processed but, paper filing will probably take about 6-8 weeks.

https://www.irs.gov/Individuals/Transcript-Availability

Submitting your 1040s won't evidence that you've filed though. It's just a form that anyone can fill out and submit. The IRS tax transcript evidences that yes, this tax return was filed and here's proof from the IRS.

[nycsucaj 0]

The US embassy site says otherwise - that I can file and include the late returns with my I-864:

If I find out that I was required to file a tax return and have failed to do so, can I still qualify as a sponsor/joint sponsor?

You may file a late or amended tax return to the IRS. You may than submit copies of the late or amended return(s) for the year(s) in which you were obligated to file. Until such time as the late or amended return has been filed, and copies furnished with the I-864, the affidavit will be considered incomplete and we cannot issue a visa.

I'm conflicted, as waiting 6-8 weeks or more is far from ideal. Do I have anything to lose by submitting My i-864 with my late returns, and then providing transcripts in a few weeks if requested by USCIS?

Edited October 29, 2015 by nycsucaj

[teeak 224]

Hmm, maybe it's specific each embassy.

You could submit the copies of the late filed returns and include your W2s and maybe include a written statement saying you filed late returns.

Technically, you're only required to submit tax returns for the most recent years.

Are you doing DCF or going through NVC? If NVC, hopefully they accept it and don't request the transcripts from IRS.

If they do issue a checklist requesting it, then you'll just have to wait the 6-8 weeks until you can obtain it.

[nycsucaj 0]

Okay, thanks for the advice. We're going through NVC. That's my thought as well - I don't mind waiting the 6-8 weeks if I absolutely have to, but if perhaps it can be avoided, that would be ideal. My only real worry is that our application would be completely denied... wondering if anyone know the chances of this happening.

[teeak 224]

Right, well NVC doesn't have the power to deny anyone. All they do really is make sure all documents are submitted and packages are complete for the CO's review during the interview. They also do a quick check on the DS-260 as well.

Even if the petition gets to the interview stage and they need the transcripts, the CO won't deny the petition. They'll just request the documents at the interview and ask you to submit it as soon as you can.

[nycsucaj 0]

Really appreciate your posts. I should have mentioned that this is accompanying an I-485, so we're hoping to have her granted travel/work authorizations before our interview. Not sure if that changes anything.

[teeak 224]

Oooh, okay. Yeah, then your I-864 will be sent to USCIS with the I-485 and you won't be going through NVC or the embassy and the embassy guidelines won't apply here.

With USCIS, you may get an RFE requesting the transcripts. Since you're adjusting status, you may not even have to go to an interview because there's a possibility that it could get waived.