Failed to file past tax return

[hammanta 0]

Hello All, 

 

New to posting on this forum. Thank you for all the help. My spouse and I were recently approved by USCIS and our case is now at NVC stage. My question is regarding affadavit of support I864 form. I filed my 2021 and 2020 taxes but failed to file my 2019 taxes as, at the time I was not able to pay my tax balance, due to job insecurity/Covid, etc. Stupid decision I know and I have recently filed them and mailed it to the IRS to fix the problem though will not receive a tax transcript for several weeks/months. On the I864 form, should I click "no" where it says "...have you filed a tax return for the past 3 years." My income qualifies me based on my 2021 tax transcript and my 2022 projected income. However, do you think not filing 2019 until this year will be a reason to deny my petition? Would a written statement and explanation be of any use? Should I use a joint sponsor? Thanks again for all the help! 

 

Hammanta

Edited March 28, 2022 by hammanta

[pushbrk 12,969]

26 minutes ago, hammanta said:

Hello All, 

 

New to posting on this forum. Thank you for all the help. My spouse and I were recently approved by USCIS and our case is now at NVC stage. My question is regarding affadavit of support I864 form. I filed my 2021 and 2020 taxes but failed to file my 2019 taxes as, at the time I was not able to pay my tax balance, due to job insecurity/Covid, etc. Stupid decision I know and I have recently filed them and mailed it to the IRS to fix the problem though will not receive a tax transcript for several weeks/months. On the I864 form, should I click "no" where it says "...have you filed a tax return for the past 3 years." My income qualifies me based on my 2021 tax transcript and my 2022 projected income. However, do you think not filing 2019 until this year will be a reason to deny my petition? Would a written statement and explanation be of any use? Should I use a joint sponsor? Thanks again for all the help! 

 

Hammanta

Why would you answer no, when you know the answer is yes.  You just told us you filed the 2019 tax return but don't have the transcript yet.  You only need to provide information from three tax returns and then include only the latest one.  No issue here.

[hammanta 0]

Thank you for the reply. I thought about clicking "no" due to just recently, meaning 1 week ago, filing and mailing them. I assumed, in order to put down the adjusted gross income (I was a 1099 that year) I needed it to be from the tax transcript in case they requested it later in the process. It is unlikely that the IRS will process my form anytime in the next few weeks. I did not want it to come off untruthful or hurt my petition. 

[pushbrk 12,969]

1 minute ago, hammanta said:

Thank you for the reply. I thought about clicking "no" due to just recently, meaning 1 week ago, filing and mailing them. I assumed, in order to put down the adjusted gross income (I was a 1099 that year) I needed it to be from the tax transcript in case they requested it later in the process. It is unlikely that the IRS will process my form anytime in the next few weeks. I did not want it to come off untruthful or hurt my petition. 

You filed the return.  The answer is yes.  The number you use is not AGI.  It's "Total Income".  I realize sometimes those numbers are the same.  AGI is entered only if  you file 1040EZ instead of 1040.  1099 has nothing to do with it.

[SteveInBostonI130 3,467]

15 minutes ago, hammanta said:

Thank you for the reply. I thought about clicking "no" due to just recently, meaning 1 week ago, filing and mailing them. I assumed, in order to put down the adjusted gross income (I was a 1099 that year) I needed it to be from the tax transcript in case they requested it later in the process. It is unlikely that the IRS will process my form anytime in the next few weeks. I did not want it to come off untruthful or hurt my petition. 

 

The question does not say "did you file the previous 3 years' taxes 2 weeks ago".

 

You only need to include the tax transcript for the previous year.  Years 2 and 3 are optional - I recommend you to not select this option.  Also, copies of the filed tax return along with all W2's and 1099's are acceptable in lieu of tax transcripts.

[hammanta 0]

18 hours ago, SteveInBostonI130 said:

 

The question does not say "did you file the previous 3 years' taxes 2 weeks ago".

 

You only need to include the tax transcript for the previous year.  Years 2 and 3 are optional - I recommend you to not select this option.  Also, copies of the filed tax return along with all W2's and 1099's are acceptable in lieu of tax transcripts.

Great! Thank you for your response. I was becoming a little concern but you and the other poster's responses help me better understand. Much appreciated.