Tax transcripts for 2009 if filing AOS in early 2010

[vietazn 1]

If I file for AOS before April 15, 2010 would I still need tax transcript for Tax Year 2009?

Or is 2008 sufficient with 2009 sent after I file and receive a transcript?

Once the IRS accepts the tax return efile, is the tax transcript available for them to mail?

Edited December 31, 2009 by vietazn

[Anh map 2,098]

You could submit a copy of your 09 return/W2's/etc. if the transcript is not available.

[rin and john 71]

If I file for AOS before April 15, 2010 would I still need tax transcript for Tax Year 2009?

Or is 2008 sufficient with 2009 sent after I file and receive a transcript?

Once the IRS accepts the tax return efile, is the tax transcript available for them to mail?

When we filed AOS (June 2008) we had not yet filed our 2007 taxes (waiting on EAD and SSN before filing, so we had filed for an extension). We submitted our 2007 tax return (roughed in - noted as not final on copy) plus the previous year's return (not a transcript). We also submitted a copy of my 2007 W-2 and my most recent paystub.

I think transcripts for TY2009 will not be available until sometime in June/July 2010 (if memory serves me correctly).

[Brother Hesekiel 2,236]

You send the latest tax returns you have filed. Since there is no law that requires to file before April 15, you do not have to use your 2009 tax return, but can use the 2008 one instead. However, it is possible that the I.O. at the interview might want to see your "latest" one, which by then would be the 2009 return.

[Nich-Nick 3,354]

If you sign the I-864 Affidavit of Support prior to April 15, 2010, then the 2008 tax return is the "latest". After April 15, the USCIS expects you to have filed your 2009 return. You probably won't be able to get transcripts immediately, but you can send a photocopy of the return (Form 1040) along with any schedules (Shedule A, D, C, etc), any W2 forms from employers, and any Form 1099s if you receive income from investments, pensions, etc that are reported on that form.

Also keep in mind that the poverty guidelines for 2010 will be published in February or early March. Once they publish the new 2010 guideline, then I-864s signed after that have to go by the new (and probably higher) required income levels. (They normally increase each year.)

Here's a reference to the Affidavit of Support. http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

The quoted part below is from page 14. Example 1 is about filing an I-864 prior to April 15.

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.

[vietazn 1]

By providing references from USCIS, Nick-Nich put the question to rest. Thanks!