I864s, Extensions and the whole shebang

[Gil1234 0]

Had a question in regards to the I864 for our AOS; our joint sponsor had recently filed for an extension for the year 2011, so was wondering if the extension bill would suffice in lieu of the actual tax return for this year(or more importantly, if its not sufficient... can our case be turned down instead of being given an RFE?)

I have googled this issue and had seen people talk about how it can be sufficient and also how sometimes USCIS would not accept it. I thought I'll mention we're also attaching the W2, a letter from the bank, last three paystubs and a letter from his employer saying he's been working there for awhile - oh and along with tax returns from 2009 and 2010. Would love any and all input... cheers!

[grrrrreat 109]

Had a question in regards to the I864 for our AOS; our joint sponsor had recently filed for an extension for the year 2011, so was wondering if the extension bill would suffice in lieu of the actual tax return for this year(or more importantly, if its not sufficient... can our case be turned down instead of being given an RFE?)

I have googled this issue and had seen people talk about how it can be sufficient and also how sometimes USCIS would not accept it. I thought I'll mention we're also attaching the W2, a letter from the bank, last three paystubs and a letter from his employer saying he's been working there for awhile - oh and along with tax returns from 2009 and 2010. Would love any and all input... cheers!

I think you will be fine. Your case wouldn't get turned down without an RFE first. If you were to get an RFE for that, you'd have to get your sponsor to file quickly so you can send his return in, or you could get another sponsor. But I don't think you'll get an RFE.

[Gosia & Tito 199]

Had a question in regards to the I864 for our AOS; our joint sponsor had recently filed for an extension for the year 2011, so was wondering if the extension bill would suffice in lieu of the actual tax return for this year(or more importantly, if its not sufficient... can our case be turned down instead of being given an RFE?)

I have googled this issue and had seen people talk about how it can be sufficient and also how sometimes USCIS would not accept it. I thought I'll mention we're also attaching the W2, a letter from the bank, last three paystubs and a letter from his employer saying he's been working there for awhile - oh and along with tax returns from 2009 and 2010. Would love any and all input... cheers!

It is not unusual for people to get extensions for a number of reasons. The documents you list would be enough, but in any case, your co-sponsor has to file by October

[Gil1234 0]

Thank you very kindly. =)

[JimVaPhuong 4,863]

You'll get an RFE for the tax return or transcript. An I-864 can't be accepted unless the sponsor filed a tax return and produces a copy or transcript of the return, or the sponsor wasn't legally required to file a return, and submits evidence to prove this. Read 8 USC 213a.2:

(D) Effect of failure to file income tax returns . If a sponsor, substitute sponsor, joint sponsor, or household member did not file a Federal income tax return for the year for which a transcript or photocopy must be provided, the Form I-864 or Form I-864A will not be considered sufficient to satisfy the requirements of section 213A of the Act, even if the household income meets the requirements of section 213A of the Act, unless the sponsor, substitute sponsor, joint sponsor, or household member proves, by a preponderance of the evidence, that he or she had no duty to file. If the sponsor, substitute sponsor, joint sponsor or household member cannot prove that he or she had no duty to file, then the Form I-864 or Form I-864A will not be considered sufficient to satisfy the requirements of section 213A of the Act until the sponsor, substitute sponsor, joint sponsor, or household member proves that he or she has satisfied the obligation to file the tax return and provides a transcript or copy of the return.

A copy of an extension request will not be sufficient.

[Gil1234 0]

I highly doubt there's anyway to be certain; here's something else I found regarding USCIS.

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Here's the fun part;

"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."

Scroll down to section 20.5: Enforceable Affidavits of Support if you wish to have a closer look.

So I'll just send what I have, makes me wonder if it'd effect my I-765 I'm filing with it concurrently. Anyhoo, thank you very much. =)

Edited June 11, 2012 by Gil1234

[grrrrreat 109]

You'll get an RFE for the tax return or transcript. An I-864 can't be accepted unless the sponsor filed a tax return and produces a copy or transcript of the return, or the sponsor wasn't legally required to file a return, and submits evidence to prove this. Read 8 USC 213a.2:

(D) Effect of failure to file income tax returns . If a sponsor, substitute sponsor, joint sponsor, or household member did not file a Federal income tax return for the year for which a transcript or photocopy must be provided, the Form I-864 or Form I-864A will not be considered sufficient to satisfy the requirements of section 213A of the Act, even if the household income meets the requirements of section 213A of the Act, unless the sponsor, substitute sponsor, joint sponsor, or household member proves, by a preponderance of the evidence, that he or she had no duty to file. If the sponsor, substitute sponsor, joint sponsor or household member cannot prove that he or she had no duty to file, then the Form I-864 or Form I-864A will not be considered sufficient to satisfy the requirements of section 213A of the Act until the sponsor, substitute sponsor, joint sponsor, or household member proves that he or she has satisfied the obligation to file the tax return and provides a transcript or copy of the return.

A copy of an extension request will not be sufficient.

This was incorrect information because you quoted only part of the Adjudicator's Manual, and not the relevant part. As original poster noted right after you, Section 20.5 says that proof of filing an extension is sufficient. You also misstated what OP wanted to submit by saying that it was "a copy of an extension request", instead of a filed extension (the initial extension is automatic).