RFE I-864. Most recent tax year with tax extension?

[7upGreenApple 0]

We got an RFE on our I-864 stating we "must submit a complete federal tax return for the most recent tax year". We didn't include 2019 as my husband filed for an extension and has to file before October of this year. Is it sufficient to send the extension form? Or are they looking for something different? We are also talking to our accountant to see if we can file separately, and then send his 2019 tax returns to USCIS. I'm not sure how long that takes, or what option is best. Any suggestions?

 

We did check "filed for an extension" on the I-944 that we included in the same packet.

These are the things we included for this form:

1. Completed Form I-864, Affidavit of Support
2. Copy of Birth Certificate
3. Copy of US passport
4. IRS Tax Return Transcripts for the years 2018, 2017, 2016
5. 2018 W-2, Wage and Tax Supplement
6. Letter of Employment
7. Pay Stubs 6 months

 

 

[E_pluribus_unum 73]

I would send a copy of the extension form and write a cover letter explaining why you would not be able to send the 2019 tax return or transcript. Is your husband self employed? If not, try also including the 2019 W2 forms. 

For every item that I could not send, I had a cover letter explaining to USCIS why I couldn't send it and what steps I was taking to obtain the information. They accepted my packet and only sent me an RFE because I had forgotten to send proof of residency for my sponsors. 

 

Someone else might be able to give additional advice, but that is how I would respond to your RFE if it was for me. Send what you do have for that tax year (2019 extension letter, W2, etc.) and an explanation. Remember, you have a human being reading your case. 

[7upGreenApple 0]

Thank you so much for the detailed answer @E_pluribus_unum! He is not self employed, so we will definitely try to get the W2 forms. I really appreciate the help.