Cut Off Date For Filing Without 2008 Tax Returns

[Big Papa Zone 93]

So does anyone know what the last date one can file for AOS without 2008's tax returns is? I mean, I think I'm right in saying that USCs have until the end (or is it the middle) of April to file, right? That being the case, if, for example, I were to file within the first 2 weeks of April, would I be able to do so with just the pre-'08 returns? It's just that our co-sponsor hasn't filed yet, and if we can file the I-864 with what he's already given us for the I-134 then all the better.

Am I making sense here?

[anitacastillo 0]

This probably up to the CO's discretion. What were the 2007 taxes of the co-sponsor? And he already has 2008 W-2s and/or 1099s.

The I-184 is more detailed than the I-134.

We did AOS mid-2008 and I provided paystubs with YTD earnings - to prove that my 2008 income was already over the poverty line.

I see that your fiance is not yet in the US. You will also need a certified copy of your marriage certificate - you may not have that before the 4/15 tax deadline.

Good Luck!

[Nicoxcx 1]

When we called the IRS they said my Husbands 2008 Taxes which we filed at the weekend would not be available until may 2009 but I believe the end date for filing taxes is April 15th.

It takes 5 minutes to get a certified copy of your Marriage certificate and they are available right after your marriage (or atleast ours was) .

I wondered myself about this question .

[Otto 83]

Am not aware of any cut-off date - obviously January would be kind of soon to expect 2008 returns to have been filed, where as close to April would seem reasonable to expect it.

A sponsor/co-sponsor doesn't have to have actually filed the return to submit them with the I-864 - it could simply be prepared for filing.

[Nich-Nick 3,354]

Source: Memorandum - Consolidation of Policy Regarding USCIS Form I-864, Affidavit of Support(AFM Update AD06-20)

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing for the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

EXAMPLE 1: Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

EXAMPLE 2: Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

EXAMPLE 3: Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.