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Filed: K-1 Visa Country: Ireland
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Hi everyone.

 

I’m currently filing the I-485 and I received a request for evidence. 

 

They asked us to get a joint sponsor which is fine and we have no queries about that process at the moment, but they also asked for “All supporting tax documents for the most recent tax year”.
 

When we filed our I-485 in early April, my husband had not done his 2019 taxes yet. He submitted the documents he had relating to the 2018 tax year (my husband was living and working outside of the US in 2018 so he filed his taxes through an expat tax company. We did not submit the document you can get from the IRS online because we were unaware of it at the time.  In hindsight I’m sure that is what we should have submitted for the I-864)

 

By the time we submit the things we need for the RFE, he’ll have his 2019 taxes filed. Should we complete a brand new I-864 with a note explaining that he has filed his 2019 taxes in the meantime so here is an updated I-864? Or should we just ignore the 2019 taxes and submit the IRS form for 2018?

 

Thanks in advance for any help! 

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Filed: K-1 Visa Country: Ireland
Timeline
8 minutes ago, Timona said:

You already have the 2019 tax records,  why not submit them in addition to the ones you already submitted?

Yeah I’m thinking we will submit the 2019 tax records. Would we need to complete an updated I-864 if we did submit the 2019 records? 

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18 minutes ago, Murphy1994 said:

Yeah I’m thinking we will submit the 2019 tax records. Would we need to complete an updated I-864 if we did submit the 2019 records? 

I would......yes........the I-864 you previously submitted with not have the "most recent" tax information.


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Filed: K-1 Visa Country: Ireland
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3 minutes ago, Lucky Cat said:

I would......yes........the I-864 you previously submitted with not have the "most recent" tax information.

I was thinking that. Thanks for your help 😊

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Filed: Citizen (apr) Country: England
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1 hour ago, Murphy1994 said:

By the time we submit the things we need for the RFE, he’ll have his 2019 taxes filed. Should we complete a brand new I-864 with a note explaining that he has filed his 2019 taxes in the meantime so here is an updated I-864?

I would do that as well just because it’s more recent.  The person who got his 2018 file probably faulted him for not having a W2, which he maybe didn’t have if he worked for a foreign company.  They aren’t tax people at USCIS, so are probably on auto pilot...tax return, no W2...RFE.
 

When there is a fault given for the tax return, they automatically suggest a joint sponsor.  If your husband had sufficient income in 2019 or now, then you don’t need a joint sponsor. Fix the tax return issue, prove his current income,  and the joint sponsor suggestion goes away. 

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Filed: K-1 Visa Country: Ireland
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4 minutes ago, Wuozopo said:

I would do that as well just because it’s more recent.  The person who got his 2018 file probably faulted him for not having a W2, which he maybe didn’t have if he worked for a foreign company.  They aren’t tax people at USCIS, so are probably on auto pilot...tax return, no W2...RFE.
 

When there is a fault given for the tax return, they automatically suggest a joint sponsor.  If your husband had sufficient income in 2019 or now, then you don’t need a joint sponsor. Fix the tax return issue, prove his current income,  and the joint sponsor suggestion goes away. 

Thanks so much for all your help!

 

He doesn’t have a W2 or tax documents for 2018 because he worked for an Irish company. He only came back to the US late last year, so his tax documents are definitely confusing for someone who isn’t an accountant! We’ll submit everything we have, the IRS reports and another letter explaining everything so hopefully that’ll be ok. 

 

My husbands only been earning over the joint income requirement since he moved back to the US late last year so between that and his tax documents being weird, we think it’s a safer bet for us to use the joint sponsor. We have a relative who’s happy to help us out with everything so I think for our own peace of mind, we’re better off!

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Filed: Citizen (apr) Country: England
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Posted (edited)
1 hour ago, Murphy1994 said:

Thanks so much for all your help!

 

He doesn’t have a W2 or tax documents for 2018 because he worked for an Irish company. He only came back to the US late last year, so his tax documents are definitely confusing for someone who isn’t an accountant! We’ll submit everything we have, the IRS reports and another letter explaining everything so hopefully that’ll be ok. 

 

My husbands only been earning over the joint income requirement since he moved back to the US late last year so between that and his tax documents being weird, we think it’s a safer bet for us to use the joint sponsor. We have a relative who’s happy to help us out with everything so I think for our own peace of mind, we’re better off!


If he can get an employer letter stating his current annual salary, then that supplements a weird tax return and shows he now earns more than the tax return reflects.  There is a lot involved in getting the joint sponsors documentation right, especially if that person files a joint tax return. Get it right or another RFE for their form.

Edited by Wuozopo

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