missing tax return

[phiandjen 0]

I started to fill out the I-864 affidavit of support, only to find that I am missing my 2003 tax return! (I was a full-time student in 2004 and 2005 and did not file.) I was planning on using my 2003 return, this year's pay stubs, and a letter from my current employer as evidence. Now what do I do?

We only have until Thursday to send this thing out -- Saturday marks 30 days since the end of my husband's J-1 visa grace period. I'm extremely worried that we may not get approved due to this gap in documentation.

My questions:

- What is the risk the application will be rejected outright by the absence of my 2003 tax return? (A request for evidence we could handle, as I am requesting the return from the IRS and should have it by then.)

- I believe we could delay the process by first filing the I-130, waiting for a visa number, and then filing the I-485 adjustment of status form. By then I would have my tax return. Is this a better option than applying without it?

- A related question: is it necessary that I provide evidence that I was a student for those two years?

Thank you!

[shirleyjeremy 0]

THE INSTRUCTIONS SAY THAT YOU ONLY HAVE TO PROVIDE THE MOST RECENT YEARS TAX RETURN(2005).

THERE IS ALSO A SECTION TO MARK IF YOU DID NOT HAVE TO FILE AND WHY SO I WOULD JUST FILL IN THAT YOU DID NOT HAVE TO FILE BECAUSE OF SCHOOL AND THAN SEND THE LETTER FROM EMPLOYER AND YOUR PAY STUBS TO PROVE YOU OVER THE AMOUNT THEY NEED YOU TO BE AT. SHOULD NOT BE A PROBLEM.

[phiandjen 0]

By the way, my financial situation has improved considerably since the time of my 2003 return and so the return doesn't reflect my current ability to sponsor someone (although I did make 125% of the poverty standard). I'm just concerned that we provide all the documents they ask for.

whoops, didn't see the response. thank you, that's good news!