Help with "IRS-generated tax return transcript documenting your late filing"

[J.J.M 0]

Hi all,

I'm after a little help...

I have collected together all the documents for the interview and have submitted my "ready for interview" form via the embassy website (this was done on May 2nd, the day before it changed to the pick your own date thing) and I am currently waiting for a letter with an interview date.

My wife is a USC and has lived outside the US all her life (and never filed a federal tax return), so we have filed the 2015 return on time electronically, but had to post the 2013 and 2014 tax returns late.

I have copies of all 3 of these ready to show at the embassy as part of my affidavit of support.

However, upon re-reading the I-864 instructions I have noticed it says...

"If you were required to file a Federal income tax return during any of the previous three tax years, but failed to do so, you must file any and all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before you can submit the I-864 Affidavit of Support. If you submit the affidavit of support without it, it would not be accepted."

This is a problem because I do not have transcripts for the late filing of 2013 and 2015 as they were only sent off about 3 weeks ago! I'm guessing they need transcripts to prove that we didn't just fill in forms, copy, then not bother filing.

The IRS website says it takes 6-8 weeks before we can request a transcript for late returns. And then it takes 5-10 days to post, I'm guessing this will be longer to post to the UK

So I think my options are...

1- go ahead with the interview and show them the copies of her late returns without transcripts

2 - only include the copy of the most recent return (2015) and opt not to include the 2nd and 3rd most recent returns.

3 - somehow get hold of the transcripts from the IRS before my interview date

(Not sure if it's relevant or makes a difference, but her sister is my joint sponsor, as we will both me moving from the UK unemployed. her sisters I-864 has 3 tax returns that were all filed on time.)

If anyone could give a bit of help on this, has been through a similar situation with late transcripts, or could share some advice on getting transcripts, it would be very much appreciated!

Cheers

[Nich-Nick 3,354]

I would pick this one:

2 - only include the copy of the most recent return (2015) and opt not to include the 2nd and 3rd most recent returns

I would also pick my own appointment (under the new procedure) or at least try it and see if it lets you.

[prenouveau 46]

I requested my tax transcripts online, weeks before the time when they were supposed to be available, and I got them a week later. Try requesting them now and see what happens?

[J.J.M 0]

Thank you for your replies.

I tried to request transcripts online today but it wouldn't let me so my wife rang them to see if we could get them any sooner, but the woman on the phone said that they hadn't been processed or filed yet and they were not even in the system, Even though they were sent 2 or 3 weeks ago! Hopefully it's a backlog at they're end and not that they have been lost en route.

I'm going to keep trying the IRS to see if there's a chance of us getting them sooner. If my interview date comes before that then we will just have to go with the option 2 and keep our fingers crossed!

I've been on the website to try and book an interview, and it says I need to receive a letter from the embassy instructing me to log on and book one. I feel like I'm in a bit of a grey area as I filed on the 2nd of May which was a bank holiday, so it's a possibility that it could have been processed on the 3rd, when the new system kicked in. However my instructions, when sending notice of readiness, were to wait for 6 weeks for a letter and not to contact the embassy during this time!!

[Nich-Nick 3,354]

Thank you for your replies.

I tried to request transcripts online today but it wouldn't let me so my wife rang them to see if we could get them any sooner, but the woman on the phone said that they hadn't been processed or filed yet and they were not even in the system, Even though they were sent 2 or 3 weeks ago! Hopefully it's a backlog at they're end and not that they have been lost en route.

I'm going to keep trying the IRS to see if there's a chance of us getting them sooner. If my interview date comes before that then we will just have to go with the option 2 and keep our fingers crossed!

I've been on the website to try and book an interview, and it says I need to receive a letter from the embassy instructing me to log on and book one. I feel like I'm in a bit of a grey area as I filed on the 2nd of May which was a bank holiday, so it's a possibility that it could have been processed on the 3rd, when the new system kicked in. However my instructions, when sending notice of readiness, were to wait for 6 weeks for a letter and not to contact the embassy during this time!!

One tax return is all that is required. Do you have a photocopy of 2015? That is all you need. It doesn't have to be a transcript. Why try to prove 3 years of zero taxable income? You are banging your head against the wall for no reason.

Include form 1040, form 2555, and any schedules like B if they were part of your tax return.

You only have to provide one tax return because that's the rules, but since you have a joint sponsor, what your tax return says doesn't really matter much as long as it's provided.

Edited May 18, 2016 by Nich-Nick