Confused about I-864 instructions

[doctorbeat 6]

In the instructions for the I-864, it says that you need to submit a copy of the sponsor's last federal tax return.

It then says that you can optionally include copies of your last three tax returns if you believe it will help your case.

It then goes on to say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

If you were not required to file a federal income tax return under US tax law because your income was too low, attach a written explanation.

My wife didn't file for 2008 because her income was too low, and she's filing 2009 (late), and 2010 right now.

We were just going to include her 2010 return, opting not to include the previous two years, as they wouldn't help our case.

After reading the above, we are now confused. Do we just send the 2010 return, or does she need to send all three with a written explanation why she didn't file in 2008?

Edited February 22, 2011 by doctorbeat

[YuAndDan 153]

Showing three years returns goes to showing consistent income.

Attach note as to why prior years returns were not filed. Can always late file a ZERO return for 2008, there will be no penalty.

http://www.irs.gov/p...040ez--2008.pdf

http://www.irs.gov/pub/irs-prior/i1040ez--2008.pdf

[doctorbeat 6]

Showing three years returns goes to showing consistent income.

Attach note as to why prior years returns were not filed. Can always late file a ZERO return for 2008, there will be no penalty.

http://www.irs.gov/p...040ez--2008.pdf

http://www.irs.gov/pub/irs-prior/i1040ez--2008.pdf

Yes, the option to include the last three returns is to show consistent income, but we decided not to include them, as my wife's income was below 125% of the poverty line so they would do nothing to help our case.

What we're confused about is whether we have to include them anyway because she filed late/earned too little to file.

We'd rather just send her 2010 return, but the wording implies that if you were late filing or didn't have to file because your income was too low, you have to send the last three whether or not you think it will help your case.

Do USCIS check with the IRS to see if you filed tax returns for the last three years?

[Anh map 2,098]

Submitting the last 3 shows that you've complied with the requirement to file. In your spouse's case that could be an issue.

If you want to file now go ahead and then prepare for an RFE for the 09 and 08 returns. For 09 you'll need a transcript and 08 your wife will submit a letter stating why she wasn't required to file.

[doctorbeat 6]

Ok, so this has nothing to do with evidence for the affidavit, it's to prove that my wife complied with her tax obligations?

Our situation (VWP overstay) means that we need to get these forms sent off as fast as possible.

Would it be faster to obtain IRS transcripts, or to file without them and try to obtain them afterwards in case of an RFE?

ie, which will add the least amount of time to our application process?

I'm not familiar with the tax system here, does the IRS automatically send you a transcript at the same time you get your refund, or do you have to request one?

The reason I ask is because we have to wait for her refund anyway, because we need the money for the filing fees.

Edited February 22, 2011 by doctorbeat

[YuAndDan 153]

Ok, so this has nothing to do with evidence for the affidavit, it's to prove that my wife complied with her tax obligations?

Our situation (VWP overstay) means that we need to get these forms sent off as fast as possible.

Would it be faster to obtain IRS transcripts, or to file without them and try to obtain them afterwards in case of an RFE?

ie, which will add the least amount of time to our application process?

I'm not familiar with the tax system here, does the IRS automatically send you a transcript at the same time you get your refund, or do you have to request one?

The reason I ask is because we have to wait for her refund anyway, because we need the money for the filing fees.

File them, and attach a photo-copy of them to the I-864, no need to wait for a transcript which will take months after filing to get.

Lets hope USCIS does not shoot this down, AOS from "No Visa" aka VWP seems to be getting a few denials lately, VWP is for visiting not immigrating, and when USCIS denies, there is not option to appeal this because you waive right to appeal when entering the USA on VWP.

Edited February 22, 2011 by YuAndDan

[doctorbeat 6]

File them, and attach a photo-copy of them to the I-864, no need to wait for a transcript which will take months after filing to get.

Lets hope USCIS does not shoot this down, AOS from "No Visa" aka VWP seems to be getting a few denials lately, VWP is for visiting not immigrating, and when USCIS denies, there is not option to appeal this because you waive right to appeal when entering the USA on VWP.

Yes, hence the rush to file!

So far, NY is 'safe', but who knows how long for?

Are you sure we should file without the transcripts?

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

What if we get an RFE, but are unable to obtain transcripts from the IRS within the allotted time?

Also, does the IRS automatically send you a transcript, or do you have to request one?

[YuAndDan 153]

Yes, hence the rush to file!

So far, NY is 'safe', but who knows how long for?

Are you sure we should file without the transcripts?

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

What if we get an RFE, but are unable to obtain transcripts from the IRS within the allotted time?

I-864 instructions:

[doctorbeat 6]

Yes, I'm aware of that, but if you look further down in the instructions, you'll see that it says:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

That's the part that I was referring to. It seems that if you didn't file when you were supposed to, you have to file and then obtain IRS transcripts.

If we do that, the transcripts might take months to come, which is no good because we need to file ASAP

[Anh map 2,098]

Yes, hence the rush to file!

So far, NY is 'safe', but who knows how long for?

Are you sure we should file without the transcripts?

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

What if we get an RFE, but are unable to obtain transcripts from the IRS within the allotted time?

Also, does the IRS automatically send you a transcript, or do you have to request one?

You are reading the instructions correctly.

It takes a bit of time before a transcript is available. And it does need to be requested. 1-800-908-9946

IF the RFE comes then you request it. If available they can be faxed within a few hours or mailed within a few days.

[doctorbeat 6]

Right, so in order to do this as quickly as possible, it makes most sense to do it this way:

File I-864, including only 2010 tax return

Apply for transcript for 2009 tax return from IRS

Wait and see if USCIS gives us an RFE for transcripts

Hope the transcripts arrive before RFE expires, and send it to USCIS

Correct?

[doctorbeat 6]

Right, so in order to do this as quickly as possible, it makes most sense to do it this way:

File I-864, including only 2010 tax return

Apply for transcript for 2009 tax return from IRS

Wait and see if USCIS gives us an RFE for transcripts

Hope the transcripts arrive before RFE expires, and send it to USCIS

Correct?

EDIT:

I just checked on the IRS website, and it says that if you order online or by phone, it only takes 5 to 10 days to receive a transcript.

Of course, this doesn't include the time it takes for them to process the return itself so it's available on their system, but it looks as though if we request the 2009 one as soon as we send our AOS packet, we'll easily have the transcripts in time for any RFE they may send us.

[YuAndDan 153]

EDIT:

I just checked on the IRS website, and it says that if you order online or by phone, it only takes 5 to 10 days to receive a transcript.

Of course, this doesn't include the time it takes for them to process the return itself so it's available on their system, but it looks as though if we request the 2009 one as soon as we send our AOS packet, we'll easily have the transcripts in time for any RFE they may send us.

I got them the same day when we filed I-751, I called them, and they FAXed them to me.

[doctorbeat 6]

I suppose it all depends on how soon they can produce a transcript after the return is filed.

I swear this I-864 is gonna kill me

[Anh map 2,098]

I suppose it all depends on how soon they can produce a transcript after the return is filed.

I swear this I-864 is gonna kill me

Nah, you'll survive. It may cause you to have any extra sip or two.

File the 09 return asap, send in the AOS package, and if the RFE comes, get the transcript.