Advice. Don’t have last year tax transcripts

[eritrocita 8]

Hello everyone! We are gathering the papers for the AOS package.  Unfortunately my husband still hasn’t filled last year’s taxes because he hasn’t had time yet. We are using the I864-EZ form. Now we are wondering what to do, should we just send the 2015, 2016 and 2017 tax transcripts?  We also can send the W2’s for all years including 2018.  I am worried this is going to delay the process because we will have to wait until April to get the transcripts for 2018.

 

Any advice?  Thank you.! 

[Hadassah123 523]

From various stories that I remember from last year in March, is that people who sent out their AOS papers without the (then) 2017 tax transcripts got an RFE for not providing it. So they had to do their taxes and get the transcripts in order to reply to the RFE.

 

USCIS won't care about your husband not having time to do it, you're the one responsible to provide it.

Edited March 6, 2019 by Hadassah123

[eritrocita 8]

He will file them as soon as possible. The problem is we won’t get the transcript until April.  What can we do in this case?

[Hadassah123 523]

You had to get married within the 90 days of arriving in the US. Though you're in a somewhat limbo-status after the 90 days, there is no actual deadline to file for AOS (that i know of). Usually the sooner the better, so that you have proof of being allowed to stay, but I also know of people that wait many months because of personal reasons and/or finances. 

 

So you should be fine with waiting another month till you send it off.

[eritrocita 8]

I think you are confused. We are filing for an spouse visa. 

[suhridkhan 28]

9 hours ago, Hadassah123 said:

From various stories that I remember from last year in March, is that people who sent out their AOS papers without the (then) 2017 tax transcripts got an RFE for not providing it. So they had to do their taxes and get the transcripts in order to reply to the RFE.

 

USCIS won't care about your husband not having time to do it, you're the one responsible to provide it.

Are you talking about RFE at the NVC stage, or after interview?

I didn't submit any tax return or transcript for 2018. My AOS papers are accepted at the NVC. I submitted the W2 for 2018 though.

[suhridkhan 28]

10 hours ago, eritrocita said:

Hello everyone! We are gathering the papers for the AOS package.  Unfortunately my husband still hasn’t filled last year’s taxes because he hasn’t had time yet. We are using the I864-EZ form. Now we are wondering what to do, should we just send the 2015, 2016 and 2017 tax transcripts?  We also can send the W2’s for all years including 2018.  I am worried this is going to delay the process because we will have to wait until April to get the transcripts for 2018.

 

Any advice?  Thank you.! 

I advice submitting what you have at this point, since getting the taxes done at this point will take time anyways. My experience is that NVC should accept them.

In the meanwhile your husband can file his taxes. Then you can take your 2018 tax documents during the interview.

[geowrian 22,335]

1 minute ago, suhridkhan said:

Are you talking about RFE at the NVC stage, or after interview?

I didn't submit any tax return or transcript for 2018. My AOS papers are accepted at the NVC. I submitted the W2 for 2018 though.

That member is doing Adjustment of Status (AOS) in the US. That's handled by USCIS directly.

The OP and you are doing consular processing for an immigrant visa. This goes USCIS -> NVC -> embassy. NVC issues checklists. The embassy issues a 221(g) for additional documents. Only USCIS issues RFEs.

 

The 2018 taxes aren't due until tax day (April 15th). Until then, 2017 taxes are fine. The CO may request to see them after tax day, though.

I personally do not suggest sending a W-2 without a matching tax return copy/transcript. Some people have received a checklist for doing this. YMMV.

[eritrocita 8]

50 minutes ago, geowrian said:

That member is doing Adjustment of Status (AOS) in the US. That's handled by USCIS directly.

The OP and you are doing consular processing for an immigrant visa. This goes USCIS -> NVC -> embassy. NVC issues checklists. The embassy issues a 221(g) for additional documents. Only USCIS issues RFEs.

 

The 2018 taxes aren't due until tax day (April 15th). Until then, 2017 taxes are fine. The CO may request to see them after tax day, though.

I personally do not suggest sending a W-2 without a matching tax return copy/transcript. Some people have received a checklist for doing this. YMMV.

Thank you very much. What do you mean by “CO”? 

[geowrian 22,335]

2 minutes ago, eritrocita said:

Thank you very much. What do you mean by “CO”? 

Consular Officer (the person who interviews you at the embassy/consulate and makes the visa decision).

Edited March 6, 2019 by geowrian

[eritrocita 8]

2 hours ago, geowrian said:

Consular Officer (the person who interviews you at the embassy/consulate and makes the visa decision).

Thank you !! 

[Duncan21 202]

5 hours ago, eritrocita said:

Thank you !! 

Agree with @geowrian  Submit 2017 tax transcript 

[Hadassah123 523]

On 3/6/2019 at 12:16 AM, eritrocita said:

I think you are confused. We are filing for an spouse visa. 

 

On 3/6/2019 at 8:40 AM, geowrian said:

That member is doing Adjustment of Status (AOS) in the US. That's handled by USCIS directly.

The OP and you are doing consular processing for an immigrant visa. This goes USCIS -> NVC -> embassy. NVC issues checklists. The embassy issues a 221(g) for additional documents. Only USCIS issues RFEs.

 

The 2018 taxes aren't due until tax day (April 15th). Until then, 2017 taxes are fine. The CO may request to see them after tax day, though.

I personally do not suggest sending a W-2 without a matching tax return copy/transcript. Some people have received a checklist for doing this. YMMV.

 

Sorry! Did not mean to spread the wrong info. Only interpreted "husband" as coming in on K1 and getting married and had overlooked the I864-EZ form

So knowing that now, I know that your reply is the correct one. 

[MrsB2212 123]

On 3/6/2019 at 6:11 AM, eritrocita said:

Hello everyone! We are gathering the papers for the AOS package.  Unfortunately my husband still hasn’t filled last year’s taxes because he hasn’t had time yet. We are using the I864-EZ form. Now we are wondering what to do, should we just send the 2015, 2016 and 2017 tax transcripts?  We also can send the W2’s for all years including 2018.  I am worried this is going to delay the process because we will have to wait until April to get the transcripts for 2018.

 

Any advice?  Thank you.! 

The advice you’ve received here is correct - submit 2015. 2016. 2017. 

As long as it’s before April. 

 

We submitted our 1864 EZ with hubbys IRS transcripts 2015, 2016, and 2017. We submitted in December. Had to resubmit other civil documents and in February all docs were approved including AOS. 

I had my interview (CR1) on March 1st and have been approved.

 

I had a copy of the AOS and IRS transcripts with me , but wasn’t asked to see them. 

 

Good luck!

[Cari & Andy UB 69]

On 3/6/2019 at 1:11 AM, eritrocita said:

Hello everyone! We are gathering the papers for the AOS package.  Unfortunately my husband still hasn’t filled last year’s taxes because he hasn’t had time yet. We are using the I864-EZ form. Now we are wondering what to do, should we just send the 2015, 2016 and 2017 tax transcripts?  We also can send the W2’s for all years including 2018.  I am worried this is going to delay the process because we will have to wait until April to get the transcripts for 2018.

 

Any advice?  Thank you.! 

FILE A TAX EXTENSION! It's super simple if you do it over Turbo Tax. If not, go to the IRS website and search it. I filed an extension and the stress is off my shoulders in trying to get that done on top of the million things we have to do with our situation.

 

Good Luck!