Don't have 3 years of Tax returns???

[tracy006 0]

Hi Everybody,

Question here: I am filing the I-864 affidavit of support for my fiance's AOS, and have only two past years of tax returns: 2005 and 2006. I did not work in 2004 as I was still in school. Will this be a problem? Also, I am easily making enough now to meet the requirements, and met them last year as well (21,000) but only made $4900 in 2005 as I was working part time. Has anyone else run into this? How are you dealing with it?

Thanks!

Tracy

[selly 0]

Hi Everybody,

Question here: I am filing the I-864 affidavit of support for my fiance's AOS, and have only two past years of tax returns: 2005 and 2006. I did not work in 2004 as I was still in school. Will this be a problem? Also, I am easily making enough now to meet the requirements, and met them last year as well (21,000) but only made $4900 in 2005 as I was working part time. Has anyone else run into this? How are you dealing with it?

Thanks!

Tracy

If you look carefully, you will see that you only have to actually send in your last years tax return inc W2s. If you are easily making the 125%, there shouldn't be a problem. Some people send all three years in and some don't, we didn't and only sent in 2006's and havent been given an RFE for the other two yet, touch wood.

Dont fret too much over it and send the 2006 return.

Good luck

[zqt3344 21]

Would recommend you send at least 2006 tax return and get an official tax transcript from IRS(USCIS seems to like these). Also I would go ahead and get 2005 tax return and tax transcripts ready just in case to send in. I would also suggest you submit a letter explaining that you were a student in 2004 and that starting in 2005 you have been working, also you might want to send paystubs for 2007 to verify and prove you are still working and earning enough money to sustain a finance/spouse. As so many will argue that you only have to send in one year of tax returns to USCIS, they more or less imply and strongly suggest you send in at least 3 years most current tax transcripts or returns, some get by with only sending in one year worth others do not and get RFE, probably depends on caseworker looking at your case that day or the data entry operator, so it is a chance you take. So you can do what you want but I would suggest sending in as much as you can and type up a letter explaining you being student, that cannot hurt, and it is the facts so.. best of luck.

Hi Everybody,

Question here: I am filing the I-864 affidavit of support for my fiance's AOS, and have only two past years of tax returns: 2005 and 2006. I did not work in 2004 as I was still in school. Will this be a problem? Also, I am easily making enough now to meet the requirements, and met them last year as well (21,000) but only made $4900 in 2005 as I was working part time. Has anyone else run into this? How are you dealing with it?

Thanks!

Tracy

[ausqueen 0]

As selly said: on I-485 instructions for filing it specifically says that if you are making 125% you need to file ONLY last year's tax info. You are ok.

On AOS interview letter, which hopefully will be received within few months of filing - it specifically says to bring the last THREE years of tax return.

So... you will need three years tax info pretty soon anyway. Call IRS and order transcripts for the 2 years you filed (transcripts are free, you get them within a week or two), and by the time you get interview appointment - you might even have your 2007 return filed. Even if you don't file for 2007 and can still provide only 2006 and 2005 - as zgt said - a letter explaining you were a student etc will be fine. You are ok.

Now... try to relax, try not to worry too much and... speedy approval!

[Caladan 19]

Hi Everybody,

Question here: I am filing the I-864 affidavit of support for my fiance's AOS, and have only two past years of tax returns: 2005 and 2006. I did not work in 2004 as I was still in school. Will this be a problem? Also, I am easily making enough now to meet the requirements, and met them last year as well (21,000) but only made $4900 in 2005 as I was working part time. Has anyone else run into this? How are you dealing with it?

Thanks!

Tracy

You're in almost exactly the same position we were. I made enough this year and going forward, but not 2004 or 2005. The I-864 only requires the current year's tax info if you're over the limit.

I sent in the tax transcript for 2006 along with the I-864. We had no problems. I did have the tax transcripts for 2004 and 2005 on hand (you can order them free from the IRS) as well as employment letters in a file at home had they requested them, but we got through just fine with what I sent. They know that sometimes people were students and married after graduation. If you're over the limit now, you should be in good shape.

[rebeccajo 14]

The boilerplate language of the interview letter encompasses many types of petitions and sponsors.

Follow the directions on the I864 that apply to your situation.

Edited December 20, 2007 by rebeccajo

[ausqueen 0]

The boilerplate language of the interview letter encompasses many types of petitions and sponsors.

Follow the directions on the I864 that apply to your situation.

You mean, interview appt. letters are NOT standard??? Not even within the same visa type??? OP is filing from K-1 which I also did recently and still remember the details.

Don't tell me USCIS is sending each one of us personalized interview invitations relating to our individual case??? Would be nice but I doubt

[Nanusia & Lukaszek 0]

At our AOS interview the officer said that the rules have changed and that only 1 yrs tax information is required. I sent in the last 3 years tax returns, and she handed me back the older 2 and said she doesnt want them cluttering up the file.

You'll be fine with just 1 yr. If you'd like to be safer send in the extra 2nd yr. I would recommend against sending a letter with the explanation of why there is no year 3. You may confuse the person reviewing the file, and they'll issue a RFE for that 3rd yr.

[rjp44 1]

Hi Everybody,

Question here: I am filing the I-864 affidavit of support for my fiance's AOS, and have only two past years of tax returns: 2005 and 2006. I did not work in 2004 as I was still in school. Will this be a problem? Also, I am easily making enough now to meet the requirements, and met them last year as well (21,000) but only made $4900 in 2005 as I was working part time. Has anyone else run into this? How are you dealing with it?

Thanks!

Tracy

I would just send in the 2006 return for now and by the time you have your inerview, you should have the 2007 return. If you decide to order the tax return transcropt from the IRS.....you can order it free on their website, it will take several months to get it, so I wouldn't let that hold up getting the 864 back in. You might send in photocopies of some of the most recent paystubs that show what you have made YTD, and of course have that at the interview. A letter from you employer is also another good thing to have if they will do it.

[ausqueen 0]

If you decide to order the tax return transcropt from the IRS.....you can order it free on their website, it will take several months to get it, so I wouldn't let that hold up getting the 864 back in.

I don't know about the website ordering, but you can order free IRS transcripts over the phone and receive them in 10 days or so!

Nanusia... I've adjusted from K-1. When I filed for AOS in July, I sent only last year's tax, as per instructions on I-485 (if USC makes above poverty line) and that was fine. My AOS interview was Nov 21 in San Francisco. My interview letter specifically said 3 years of tax returns. But at the interview... the only thing officer took from us was "proof of our life together" i.e. bank stuff, insurances, lease and a few wedding pics. She didn't even ask about tax returns! At all!

But you never know untill you walk into that little office what they will ask for. You have to be ready to hand in anything and everything they list, because some officers do ask for more detailed proof.

Tracy, good luck!

[appleorange 0]

i would have your verification letter of employment, how much u make and most recent paystubs that show u proof that u meet the min. requirements

at my AOS interview the officer looked at my husband's tax returns and said , u dont make enough, so we explained that we just graduated last year and showed recent paystubs and we got approved that day