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WinterRose

Form I-864 Inquiry About Recent Federal Tax Return & Current Income

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Hello,

 

For Part 6, Line 23a Question: Have you filed a Federal income tax return for each of the
three most recent tax years?

 

Do I put “No” if we haven’t filed for the 2018 Federal income tax return? We may file it late March.

 

We are still awaiting documents and confirming other information. Also, since the deadline for submitting the Federal income tax return is not until April 15th, will the 2017 Federal income tax return be consider the most recent if the 2018 Federal income tax return have not been filed? 

 

If that can be the case, for Part 6, Line 24a do we just input the total income from the year 2017?

 

Do you think this will be a problem during the AOS interview even if we provide our W-2s? 

And, do we need a letter explaining why the 2018 Federal income tax return was not file?

 

 

I am just hoping that by not filing the 2018 Federal income tax return will not give us a RFE

 

Lastly, if we end up owing money to the IRS for not withholding enough tax from 2018, will this create a problem for us? 

 

My husband owes the IRS money from his 2014 Tax Return and he already set up a debit direct pay for the amount, but it doesn’t look like the IRS have process the payment for it. I’m also worried if this will create a huge problem for us.

 


I-130 & I-485 AOS Filing Timeline from F-1:

 

07/26/2017: Mailed AOS Package

07/30/2017: AOS Package Delivered

08/02/2017: Case Rejected

08/09/2017: Received Form I-797C, Case Rejected, in Mail

08/09/2017: Mailed Corrected AOS Package 

08/15/2017: USCIS Received Corrected AOS Package

08/21/2017: USCIS Accepted I-485 Biometrics Fee

08/23/2017: Received Text and E-Mail Notification that USCIS Received the Case

08/28/2017: Received NOA1 (Form I-797C) in Mail

09/04/2018: Mailed I-765 EAD Renewal Form

01/29/2018: Received E-Mail Notification that EAD Card was Mailed 

02/05/2018: EAD Card Received

11/07/2018: Mailed I-765 EAD Renewal Form and I-131 Application for Travel Document

11/16/2018: Received E-Mail Notification that Form I-765 and I-131 was Received

01/23/2019: Received E-Mail Notification for I-485 Adjustment of Status Interview

02/01/2019: Received NOA2 (Form I-797C), Adjustment of Status Interview, in Mail

02/27/2019: Interview scheduled at USCIS in San Francisco, CA

 

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14 hours ago, WinterRose said:

Hello,

 

For Part 6, Line 23a Question: Have you filed a Federal income tax return for each of the
three most recent tax years?

 

Do I put “No” if we haven’t filed for the 2018 Federal income tax return? We may file it late March.

No, you put "Yes". You don't have to file 2018 taxes until April 15.

 

14 hours ago, WinterRose said:

We are still awaiting documents and confirming other information. Also, since the deadline for submitting the Federal income tax return is not until April 15th, will the 2017 Federal income tax return be consider the most recent if the 2018 Federal income tax return have not been filed? 

Yes. 

 

14 hours ago, WinterRose said:

If that can be the case, for Part 6, Line 24a do we just input the total income from the year 2017?

Yes. 

 

14 hours ago, WinterRose said:

Do you think this will be a problem during the AOS interview even if we provide our W-2s? 

No. They may request 2018 tax returns later, or at the interview. Not in "problem" way, but in a "we'd like to make sure nothing changed" way. 

 

14 hours ago, WinterRose said:

And, do we need a letter explaining why the 2018 Federal income tax return was not file?

No. It's perfectly acceptable to file in April and it's not yet April. Very normal. 

14 hours ago, WinterRose said:

 

I am just hoping that by not filing the 2018 Federal income tax return will not give us a RFE

Perfectly acceptable to show 2017 taxes, most people would use 2017 taxes since most (all?) people don't have 2018 transcripts yet. You couldn't even file taxes for 2018 until a couple of days ago. 

 

14 hours ago, WinterRose said:

Lastly, if we end up owing money to the IRS for not withholding enough tax from 2018, will this create a problem for us? 

No, just pay the taxes owed in a manner acceptable to IRS. 

14 hours ago, WinterRose said:

My husband owes the IRS money from his 2014 Tax Return and he already set up a debit direct pay for the amount, but it doesn’t look like the IRS have process the payment for it. I’m also worried if this will create a huge problem for us.

 

As long as everything is in order and IRS has a plan, you're fine. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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On 2/2/2019 at 7:46 AM, eckoin said:

No, you put "Yes". You don't have to file 2018 taxes until April 15.

 

Yes. 

 

Yes. 

 

No. They may request 2018 tax returns later, or at the interview. Not in "problem" way, but in a "we'd like to make sure nothing changed" way. 

 

No. It's perfectly acceptable to file in April and it's not yet April. Very normal. 

Perfectly acceptable to show 2017 taxes, most people would use 2017 taxes since most (all?) people don't have 2018 transcripts yet. You couldn't even file taxes for 2018 until a couple of days ago. 

 

No, just pay the taxes owed in a manner acceptable to IRS. 

As long as everything is in order and IRS has a plan, you're fine. 

 

Thank you so much for your response eckoin! I was so worry our case had the possibility of getting rejected because of not having the 2018 tax return for the interview. Your responses provided me a me a great deal of relief.

 

 

 

 

 


I-130 & I-485 AOS Filing Timeline from F-1:

 

07/26/2017: Mailed AOS Package

07/30/2017: AOS Package Delivered

08/02/2017: Case Rejected

08/09/2017: Received Form I-797C, Case Rejected, in Mail

08/09/2017: Mailed Corrected AOS Package 

08/15/2017: USCIS Received Corrected AOS Package

08/21/2017: USCIS Accepted I-485 Biometrics Fee

08/23/2017: Received Text and E-Mail Notification that USCIS Received the Case

08/28/2017: Received NOA1 (Form I-797C) in Mail

09/04/2018: Mailed I-765 EAD Renewal Form

01/29/2018: Received E-Mail Notification that EAD Card was Mailed 

02/05/2018: EAD Card Received

11/07/2018: Mailed I-765 EAD Renewal Form and I-131 Application for Travel Document

11/16/2018: Received E-Mail Notification that Form I-765 and I-131 was Received

01/23/2019: Received E-Mail Notification for I-485 Adjustment of Status Interview

02/01/2019: Received NOA2 (Form I-797C), Adjustment of Status Interview, in Mail

02/27/2019: Interview scheduled at USCIS in San Francisco, CA

 

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18 minutes ago, WinterRose said:

 

Thank you so much for your response eckoin! I was so worry our case had the possibility of getting rejected because of not having the 2018 tax return for the interview. Your responses provided me a me a great deal of relief.

 

 

 

 

 

Just make sure to file your 2018 taxes before the deadline in April, and have a receipt that you've done so (like the form printout you submit online or a receipt from your accountant if you have one) until you get your transcripts. If they do ask for your 2018 transcripts, and this would be well after April if it happened, you'll be prepared. But it won't be an RFE unless you submit your application in May or later. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Great to know! :) 

We are hoping to file our returns sometime in March. Will make sure to have it ready if requested.

 

Three weeks left left until the interview. So nervous! 


I-130 & I-485 AOS Filing Timeline from F-1:

 

07/26/2017: Mailed AOS Package

07/30/2017: AOS Package Delivered

08/02/2017: Case Rejected

08/09/2017: Received Form I-797C, Case Rejected, in Mail

08/09/2017: Mailed Corrected AOS Package 

08/15/2017: USCIS Received Corrected AOS Package

08/21/2017: USCIS Accepted I-485 Biometrics Fee

08/23/2017: Received Text and E-Mail Notification that USCIS Received the Case

08/28/2017: Received NOA1 (Form I-797C) in Mail

09/04/2018: Mailed I-765 EAD Renewal Form

01/29/2018: Received E-Mail Notification that EAD Card was Mailed 

02/05/2018: EAD Card Received

11/07/2018: Mailed I-765 EAD Renewal Form and I-131 Application for Travel Document

11/16/2018: Received E-Mail Notification that Form I-765 and I-131 was Received

01/23/2019: Received E-Mail Notification for I-485 Adjustment of Status Interview

02/01/2019: Received NOA2 (Form I-797C), Adjustment of Status Interview, in Mail

02/27/2019: Interview scheduled at USCIS in San Francisco, CA

 

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