Amalie

Well the technical answer is that they want some proof of him filing those returns, the instructions say:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support.

Chances are they will accept his return, if he does not have the transcript back by the time you want to send the I-864.

That means, with the I-864, you would send, for 2008, his 1040 plus all W2's and any other earnings slips he has. You know you only have to submit one year of actual returns with the I-864?

The thing i'm unclear about is if he has already filed that return? If he has already filed 2008 and they have assessed it, a transcript should be available, in fact they will fax it right to you if you request that over the phone.

I think you just made my day, Thank you so much!!

He has filed taxes now for the years he didnt, but being that he aside from his fulltime job made some xtra earnings as a musician, they´re ( The IRS) now trying to find an estimate of how much he owe in back taxes and from what we understood he wouldn´t be able to get a transcript until that is cleared up.

I'm a bit confused about what your question is, but I will try to answer.

Yes, that applies to everyone, self employed or not. You must have filed the last three years of tax returns - if you were required to do so. In some cases a person may make very little to no money, in which case they are not required to file. In that case you would just attach a note stating that.

If he was required to file and just didn't, for whatever reason, you will have to do the tax return so you can get the yearly income to enter on the I-864, then you can submit your I-864 as the tax returns are winging their way to the IRS.

Previous years forms are all available online for you to print, if what you mean is that you are waiting for them to be mailed out from the IRS?

Thanks for your reply...No, you understood my question, I think

My husband has went into the IRS for them to work out a payment plan for back taxes he ows.

We were both positive that the IRS were the ones who´d give him his tax returns and we´ve been waiting for that. I´m not sure if I got it right, but with you saying he can find the forms online, does that mean he can actually go online and print out the forms to file the tax returns for the years he´s been missing- and will be sufficient enough to send to the NVC??. Sorry, but this whole things is so confusing to me.

Unfortunatly, it is my understanding that unless you earned under the limit for being required to file taxes (like under $5,000 or $8,000) or you were claimed by someone else, then you MUST have filed taxes. You only have to include last years, however, they ask for the past 3 years taxable income. If taxes werent filed, then unless you were not required to file, they must be back-filed... This is for everyone... The govt is pretty strict that if you are evading taxes you cannot then petition and sponsor someone to come to the USA on income that you never claimed and taxes that you never paid...

That makes a great deal of sense - thanks so much for your reply

Yes, sending the AOS and IV package together eliminates the false RFE that is often generated. So put it in two separate packet/folders, marking them clearly and then put them in a big envelope.

I'm sure someone else can answer your tax query.

Thanks for your quick reply

Hey everybody!

A quick question. We are now at the NVC. Have paid both IV fee bill and the AOS fee bill. We are now gathering the AOS package and plan to send that and the IV package of the same day in two seperate envelopes ( will that be a problem??).

Also- in the instructions for the I-864 it says to attach petitioners ( my husbands) W2´s for this tax year. We have that, but unfortunately he hasnt filed taxes a few years prior to that. The instructions says the w2´s for the latest tax year is sufficient, but will that apply to us when he havent filed taxes for a little while prior to that??. Underneath that part it says something about being selfemployed (which my husband is not) and in addition to that it says that if a person have failed to file tax returns - such thing must be done before submitting the I-864 package to the NVC. Does that only apply to self- employed workers or does that go for everyone?. We have been stuck for quite some time now at the IRS waiting for them to give my husband the papers for the years he have failed to file taxes, but now we are not sure if it´s okay just to send of his tax returns from this tax year (?), which will without a question speed up this case,,