I-864 Tax Documents K-1 AOS

[LukasAnderson 3]

In a bit of a pickle.

 

I am working on filling out the I-864 Affidavit of Support for my spouse. We recently returned to the US on a K1 fiancé visa, and have since been legally married.

 

Context:

I had been working and living in Japan with my spouse throughout the K1 vis process.

I am filing two I-864's. One with me as the principal sponsor and one from a joint sponsor.  

My current income is insufficient, and my foreign earned income has no relevance. However, my joint sponsor makes WELL above required income.

 

The pickle:

I filed online for my tax transcripts for the last three years from the IRS. My transcripts show I have not filed for 2021 or 2019, and only reflect my 2020 filing. I really don't understand why.

I sent all my taxes via airmail from the Japan post. I am 100% positive I sent all required documents to the right address. 

I have all of my 1040's and relevant documents I filed on hand, however I never had W2's as there was no equivalent in Japan. (I do have income statements in English from my employer there.)

 

Question:

Will attached 1040's, certificate of income from employer (however not a W2), be sufficient evidence?

My Adjusted gross income for the three years is effectively zero anyways, since all of my income was foreign earned.

My joint sponsors income statements and tax transcripts, all well over 125% poverty guidelines are in hand.

 

Basically, my taxes and income don't mean **** regardless, but is the lack of transcripts/record of filing as the primary sponsor grounds for a RFE?

No idea how I could work around this, as we need to submit the 485 packet within the next 30 days.

Edited August 5, 2022 by LukasAnderson

[Family 3,493]

Only current years taxes are a requirement, so 2021 u have is perfect. ( and only on VJ and DIY groups have I seen such adamant adherence to the myth)
Read the fine print that says it is OPTIONAL to include 2nd and 3rd year ..right above . 
Enjoy the cucumber! No pickled RFE for u. 

[LukasAnderson 3]

6 minutes ago, Family said:

Only current years taxes are a requirement, so 2021 u have is perfect. ( and only on VJ and DIY groups have I seen such adamant adherence to the myth)
Read the fine print that says it is OPTIONAL to include 2nd and 3rd year ..right above . 
Enjoy the cucumber! No pickled RFE for u. 

please re-read my post. irs website shows i did not file for 2021, only 2020. 

[Family 3,493]

Forgive me, pecking on my iPhone. 
Your options then are to ;

1. Refile what you thought you filed , go to a local IRS office and either verify they received your filing or refile ( they have nice stamps ) 

2. Send in a copy of the 2021 filing w explanation on last page of I-864 ( blank part) on reason why transcript is not available.

3. Add the transcript for 2020 ( only one u have ) as a show of good faith 

Edited August 5, 2022 by Family

[Family 3,493]

Once you make in person contact w IRS local office, you will be able to also resolve the other missing year and any print out they give you will suffice to explain transcript not available due to IRS system