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Filling out the i-864 for my wife's AOS, one of the items we can select is of course #25, "I have filed a Federal tax return for each of the three most recent years."

However, I haven't filed for 2011 yet. Somebody erroneously claimed me as a dependent and I've been sorting it out. I now can mail (can't e-file for 2011 anymore) the return in the next couple of days. I haven't had to make any adjustments on my paperwork, other than updating my current address since I now live in a different location, since the problem was not my fault.

My current income is well above the minimum level required, and is easily documented with letter from employer and pay stubs.

Should I:

A) Check box 25 after mailing the 2011 return, and include copies of the 3 returns as normal?

B) Not check box 25, include a letter of explanation, and still include the copies of the 3 returns?

C) Not check box 25, include a letter of explanation, and not include the last 3 years' returns? (Relying on demonstrable current income)

D) Other? (Please specify)

Filed: AOS (pnd) Country: Canada
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Posted

Filling out the i-864 for my wife's AOS, one of the items we can select is of course #25, "I have filed a Federal tax return for each of the three most recent years."

However, I haven't filed for 2011 yet. Somebody erroneously claimed me as a dependent and I've been sorting it out. I now can mail (can't e-file for 2011 anymore) the return in the next couple of days. I haven't had to make any adjustments on my paperwork, other than updating my current address since I now live in a different location, since the problem was not my fault.

My current income is well above the minimum level required, and is easily documented with letter from employer and pay stubs.

Should I:

A) Check box 25 after mailing the 2011 return, and include copies of the 3 returns as normal?

B) Not check box 25, include a letter of explanation, and still include the copies of the 3 returns?

C) Not check box 25, include a letter of explanation, and not include the last 3 years' returns? (Relying on demonstrable current income)

D) Other? (Please specify)

A- I know its a pain, but if possible, you should drop off your return at the IRS and get them to time stamp a second copy. Send the stamped copy to USCIS so they know it has been submitted. If you send it in by mail there is no proof for a couple months as you can't get a transcript right away (incase they request it). I did this and it worked.

 
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