Affidavit of support question (undated tax returns?)

[am1996 0]

The Affidavit of Support (I-864) which my fiance is filing in connection with my AOS application requires him to submit his last 3 years tax returns. He has those available but is not sure of the exact date he executed them. Can he estimate the execution date and include a statement explaining this or is there a better way to go about the process?

[KarenCee 3]

I am confused here, since you don't have a timeline. Are you married now? From your posts in the K-1 forum it appears that you aren't. New guidelines for the I-864 only require the most current tax return, unless one is self employed (I believe). You might want to check the Guides section, which I'm sure you'll find most helpful.

Edit to say I just saw your post in the working thread...congrats on the wedding Monday. But it would help somewhat to have a timeline.

Edited August 5, 2006 by KarenCee

[am1996 0]

I am confused here, since you don't have a timeline. Are you married now? From your posts in the K-1 forum it appears that you aren't. New guidelines for the I-864 only require the most current tax return, unless one is self employed (I believe). You might want to check the Guides section, which I'm sure you'll find most helpful.

Edit to say I just saw your post in the working thread...congrats on the wedding Monday. But it would help somewhat to have a timeline.

So sorry for the confusion. Yep, we are getting legally married on Monday and then immediately filing the AOS and the AP applications. The I-864 instructions require tax returns for the past 3 years. Where does it say that only the most recent one is required (I know that I am probably blind and it's in the most obvious place, but I don't see it). Our question remains the same, however -- my fiance is not sure when he signed his last tax return either (he just knows that it was towards the end of Feb). Can he just provide an approximate date and include an explanation of this in a separate affidavit? If not, what's the proper procedure?

[diadromous mermaid 36]

The Affidavit of Support (I-864) which my fiance is filing in connection with my AOS application requires him to submit his last 3 years tax returns. He has those available but is not sure of the exact date he executed them. Can he estimate the execution date and include a statement explaining this or is there a better way to go about the process?

Hmm. He retained a copy which is not dated or signed? Odd. Anyway, yes, he can order a tax transcript from the IRS that will show the reported return and the date IRS created the file.

Edited August 5, 2006 by diadromous mermaid

[am1996 0]

Hmm. He retained a copy which is not dated or signed? Odd. Anyway, yes, he can order a tax transcript from the IRS that will show the reported return and the date IRS created the file.

We don't know too many people who nowadays keep physical copies of their executed tax returns. My fiance uses TurboTax to prepare his taxes, so he doesn't keep physical copies of anything. This way he can easily pull up electronic versions of the returns and, if necessary, print them out. The problem, once again, is the fact that he doesn't remember when the tax returns were executed.

As for the IRS transcripts, those will take quite some time to be processed, so it's not an option for us (we are under a time crunch). Please let us know whether estimating the execution date and including a separate affidavit explaining the situation would be sufficient or whether there is a better solution to this. The instructions don't even say that the tax returns have to be signed, so I am not sure whether they would accept the unsigned returns. In theory, since the applications and all the supporting documentation are being submitted under the penalty of perjury, they shouldn't need signatures on the tax returns to know that the applicant is standing behind the information in them. I just don't know whether that's the way it works or not.

Edited August 5, 2006 by am1996

[vartan 0]

Keep your TAX RETURNS!!! thats all I can say.. hahaha they are very very important.. As far as your question.. I have no clue.. can't you print something from turbotax?

[am1996 0]

Keep your TAX RETURNS!!! thats all I can say.. hahaha they are very very important.. As far as your question.. I have no clue.. can't you print something from turbotax?

Yes, he keeps all his tax returns. TurboTax maintains copies of all the tax returns he's ever filed on the desktop and they can be re-printed at any time (that's the reason he uses TurboTax).

I suppose the threshold question is whether he is even required to submit signed and dated returns as opposed to the unexecuted ones (the instructions are silent on this)? If they are required to be signed and dated, can the date be an estimate accompanied by an affidavit explaining the situation (the tax returns are accurate and were filed before the April 15 deadline).

Edited August 5, 2006 by am1996

[vartan 0]

wow .. yeah I don't know.. I e-file mine so have all the info on mine to start

[KarenCee 3]

Here is the link that explains what I mentioned about the current tax return:

http://www.visajourney.com/forums/index.php?showtopic=308

[am1996 0]

Here is the link that explains what I mentioned about the current tax return:

http://www.visajourney.com/forums/index.php?showtopic=308

Terrific, thanks. He's still not sure about the exact date he filed his most recent tax return, however, so we're trying to decide what to do about that.

[diadromous mermaid 36]

Hmm. He retained a copy which is not dated or signed? Odd. Anyway, yes, he can order a tax transcript from the IRS that will show the reported return and the date IRS created the file.

We don't know too many people who nowadays keep physical copies of their executed tax returns. My fiance uses TurboTax to prepare his taxes, so he doesn't keep physical copies of anything. This way he can easily pull up electronic versions of the returns and, if necessary, print them out. The problem, once again, is the fact that he doesn't remember when the tax returns were executed.

As for the IRS transcripts, those will take quite some time to be processed, so it's not an option for us (we are under a time crunch). Please let us know whether estimating the execution date and including a separate affidavit explaining the situation would be sufficient or whether there is a better solution to this. The instructions don't even say that the tax returns have to be signed, so I am not sure whether they would accept the unsigned returns. In theory, since the applications and all the supporting documentation are being submitted under the penalty of perjury, they shouldn't need signatures on the tax returns to know that the applicant is standing behind the information in them. I just don't know whether that's the way it works or not.

It's always wise to retain a copy (facsimile) of the return you send to IRS. In fact, IRS requires that a person retain copies of the tax returns for a certain number of years. However, that doesn't resolve the dilemma. Did your fiancé have to make a payment with his return? If so, perhaps his cheque book will demonstrate the date he prepared the cheque? Or than that, the instructions do state that the return should be "as filed with IRS" and it wouldn't be unusual for USCIS to require a facsimile of the actual return which was filed with the IRS, if it is being substituted for the IRS transcript.