I-864

[Sabinau 0]

Hi,

I am just filing for adjustment of status, together with advanced approval and employment authorization. My husband earns quite a bit over the poverty limit, but has now just found out that he needs the tax transcripts from the past three years from IRS. Living abroad most of the past three years, he has not filed tax return and only asked for these tax transcripts now. We are attaching the tax returns of the past three years to the I-864, but I am worried that this could not only delay the adjustment of status application, but also the employment authorization. does anyone know if this is the case?

thanks!

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Poster is at that stage.

[aaron2020 11,651]

Hi,

I am just filing for adjustment of status, together with advanced approval and employment authorization. My husband earns quite a bit over the poverty limit, but has now just found out that he needs the tax transcripts from the past three years from IRS. Living abroad most of the past three years, he has not filed tax return and only asked for these tax transcripts now. We are attaching the tax returns of the past three years to the I-864, but I am worried that this could not only delay the adjustment of status application, but also the employment authorization. does anyone know if this is the case?

thanks!

I'm confused. You stated that "living abroad most of the past three years, he has not filed tax return." You also stated that your "husband earns quite a bit over the poverty limit" which means he is required to file tax returns. How are you getting tax transcripts of his tax returns when he hasn't file tax returns for the past three years??????

[Sabinau 0]

I'm confused. You stated that "living abroad most of the past three years, he has not filed tax return." You also stated that your "husband earns quite a bit over the poverty limit" which means he is required to file tax returns. How are you getting tax transcripts of his tax returns when he hasn't file tax returns for the past three years??????

He has filed them today. Since he didn't have to pay taxes while living abroad, he just did not do it (you don't get a penalty if you don't owe money to the US as far as I understand). Of course, he is living now in the US. I am just wondering if my work authorization is getting delayed if we only send in the tax returns with the I-864, but not the IRS tax transcripts. Or does that just delay the adjustment of status?

thanks

[aaron2020 11,651]

He has filed them today. Since he didn't have to pay taxes while living abroad, he just did not do it (you don't get a penalty if you don't owe money to the US as far as I understand). Of course, he is living now in the US. I am just wondering if my work authorization is getting delayed if we only send in the tax returns with the I-864, but not the IRS tax transcripts. Or does that just delay the adjustment of status?

thanks

You are nothing going get tax transcripts anytime soon. The tax transcripts are based on the tax returns that your husband is filing today. It will take weeks if not months for the tax transcripts to be ready. It could take that long for his information to be entered into the IRS's system.

You do not need the tax transcripts. You can file by including copies of his complete tax returns. By complete, USCIS means a photocopy of everything that went into the envelopes for his tax returns.

The lack of tax returns filed with the IRS will delay your adjustment. The US government needs to verify the information provided with the I-485. If the IRS has not finish processing your husband's tax returns, it's harder to verify the information provided with the I-485 with the IRS.

The lack of tax returns filed with the IRS may or may not hurt your chances of getting work authorization. I don't know. Someone else may have an answer for you.

Good luck.

[maybeifancyu 4]

Foreign income has a high exemption (I believe around $80,000 a year depends on the tax year), so if your husband doesn't make over that much, it should go fairly fast through IRS because there's no taxable income involved.

[Villanelle 4,122]

First- You are correct, if you are getting a refund or have zero tax due, there is no penalty for filing late tax returns. However if he does owe anything (even 1 dollar) there will be substantial interest and penalties for late filing.

Second- If you are a USC or LPR you need to file taxes EVERY YEAR YOU ARE ALIVE regardless of where you live in the world if you earn more then 9,350$. (generally speaking youd be able to 'write off' your income as foreign income- and because its taxable somewhere else the US does not tax it- but you still are required to file)

Sending in the tax returns now will delay the 864 getting verified, like the poster above mentioned, but the work auth is a totally different form, independent from the 485. I dont see how a delay on that would delay the work auth. People get RFEs on the 485 all the time and it has no impact on the speed of their EADs/APs getting approved.

[KayDeeCee 4,896]

You need to fill out #25 with the information from his last years of taxes. You only have to send in a complete copy of the most recent tax return (or transcript) with the I-864. If he did not earn enough to file taxes those years, he did not have to go ahead and file. He could have included a statement as to why he was not legally required to file taxes those years.

[Sabinau 0]

thanks for the replies.