I-864 Tax Year Question

[The Ts 0]

Hello Everyone,

First let me thank all of you nice people here for this fantastic site. I’ve been reading around here on and off since last year and have found it to be a great resource of information for the immigration process. Up until today I’ve been able to find the answers to most every question I’ve had here. I’m just joining today because I’ve run into a question I cannot find a clear cut answer to anywhere. Please forgive me if I’ve overlooked it.

Just as background information….my fiance (now husband) and I started the K1 visa process back around the end of March/first of April last year. We were approved and he arrived in the US in late October. We got married in the US in mid-November (about 2 weeks after his arrival). After the wedding/honeymoon we began gathering the information/evidence needed to file for adjustment of status and intended to have it filed by the end of December. Unfortunately, this didn’t work out. Our local courthouse made a clerical error on our marriage certificate...they put the wrong date on it...in fact the date they put on it was for several months before my husband had even entered the US...anyway, it took a while to get it sorted out and to get a new, valid, marriage certificate. We now have all the necessary papers but now it’s January and that’s where my question comes in...

The I-864 requires that I submit a photocopy of my tax return for the “most recent tax year”. I have copies of my tax return and W2s for 2010 (and before) but I don’t have my W2s yet for 2011 and most likely won’t have them until at least February. Can I file the I-864 with the 2010 returns? Or do I have to wait until I have filed for 2011? If we have to wait, will it cause a problem for my husband since his I-94 will expire later this month?

There is no problem with meeting the 125% of the poverty level requirement with any of my returns so please don’t think I’m trying to get around the rules or hide something because I’m not...I just want to make sure I do everything the right way. I was guessing I could just go ahead and file now and if they needed the 2011 returns I’d get an RFE in a few months but I want to be sure about that before we send this out. I don’t really want to guess at something this important. I’d appreciate any advice anyone may have.

Thanks in advance and good luck to everyone out there in whatever step they may be in this long process!

[Operator 1,927]

I filled recently with the same issue, 2010 as the most recent return information. My reasoning to myself was that I am showing transcripts from 08, 09 and 10 all with the same employer and if they want income information for 2011 I'll have to send them my W-2 once I get it.

[Brit Abroad 166]

As we're not at the end of the filing period for tax year 2011, it shouldn't be a problem to present 2008/2009/2010.

Once you submit your AoS paperwork and get the confirmation NOA, the I-94 is irrelevant. Although technically you are between status types (ie fiance visa to permanent resident) this is totally normal and will present no problems at all. Make sure you keep the NOA in a safe place as it is your proof of legal status.

[ceadsearc 516]

You're fine with 2010 tax returns as 2011 taxes aren't due yet. If you happen to get an interview and if it is after the filing deadline you can bring your updated taxes then.

[kcoyclay1 98]

2010 tax returns