haven't received tax return yet.

[trinket 30]

We have recently been approved at USCIS and we are looking forward to the NVC process but our biggest obstacle right now is my husband’s tax return papers, which he still hasn’t got it.

My husband did file this year’s tax return as married filing jointly, with my notarized passport and everything (he applied on 9th of April), anyways we weren’t sure if his tax papers got lost or something, but yesterday he got a mail from the state tax (Indiana) stating that addressing me (the beneficiary) which basically said this-->

thank you for submitting your 2007 Indiana individual tax return, our records show you applied for itin with the irs, the department of revenue cant complete the processing your return without the itin

So after getting this mail, its clear that IRS hasn’t lost his papers but they are taking their time to issue the returns.

I know there still is time for AOS part, but what if he still doesn't get his IRS returns by that time. Now my question is, what shall we do? Should my husband go ahead with i-864 with the help of joint sponsor or should he wait for say a month of time to get his IRS return papers?

I do hope my husband will get his tax return papers by the time my interview is scheduled, and may be we can show it that time.

Thanks for your help

[Abby-Ron 8]

My advise, just file the AOS without the I-864 tax return papers, but submit everything else (other tax returns from 2006 and 2005 if possible). You will get an RFE for the tax return paper being missing for 2007, but at least your case is moving. You can always just show the W2 form from the company where your husband works and then just submit also a letter from work stating the annual salary. If you file now or had filed for your AOS then at least your case will be already on file and then when the RFE comes, you will have had time to get the missing docs from IRS (1 month of waiting). You can only get a joint sponsor if the income is below 125% poverty (which is $17500 gross income for 2 people), otherwise you dont qualify for joint sponsorship. Its better to just tell the truth when they ask why you didnt send the tax return then do a joint sponsorship when you know that the income is above 125% poverty line.

Hope that helps...

[trinket 30]

Thanks for your quick reply.

My husband was almost jobless from 2005 to mid of 2007, so there are no tax returns of him of 2005 and 2006, but in 2007(from august to december) he earned around 20k and counting that his annual income should be around 40k.

According to USCIS guidelines he should get a joint sponsor because it asks for last 3 years of tax returns, but our lawyer and a lot of people here says that he won't need a joint sponsor.

I think we will go ahead filling the i-864 with w-2 and his pay stubs and employment letter.

[Marlita 0]

Your husband just needs to show copy of the 2007 1040. You dont need to wait for anything. I sent in (as many others did) just the 2007 1040. I also sent 2006, and 2005 tax transcripts. Send in copy of your tax return and you should be fine. You dont need to wait for anything if you already filed it.

[coolgt 0]

yes, you should able to to send 2007 copy of your tax return, if he make 20k for 2007 and not working 2005, 2006 you need him to write a letter why in those year not working. then you should be fine.

about your refund it will come, i file my tax rerturn in feb (itin reject) just barely got refund back that is federal return.but for state tax you can file as single and get refund quicker, i call the dept of tax in Vermont where i live that what they said included a 1040 tax form (file joinly), but file state as single.

[indianheart 2]

State returns are not needed for visa, only your federal tax returns

[trinket 30]

Thanks all for clearing up things a whole lot. I was getting a little gloomy thinking we might have to wait for the tax return papers before going anywhere further with NVC.

Thanks again