i-864 #25 tax return questions

[powerness 0]

Hi I have a quite stupid question.

On form I-864 #25, it says "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year" or "second and third most recent tax years".

My husband is filling out this form. He has not filed his tax return for 2012 yet. So can he just provide the tax return for 2011, 2010, and 2009? But technically, the words "the three most recent tax years" means 2012, 2011, 2010. So should he file the tax return for 2012 now before submitting this form?

Thank you!!

Edited February 28, 2013 by powerness

[wellicu812 1]

If he has not filed his 2012 tax return yet, then the 2011 is

the most recent return and 2011, 2010, and 2009 would be fine.

[powerness 0]

Maybe I am being paranoid but it did not say "the most recent return", it says "the most recent tax years"

Does it feel right for him to say the statement "I have filed a tax return for each of the three most recent tax years" if he has not filed the 2012 tax return.

Anyone submit the old years before?

If he has not filed his 2012 tax return yet, then the 2011 is

the most recent return and 2011, 2010, and 2009 would be fine.

Edited February 28, 2013 by powerness

[wellicu812 1]

These are the Special Instructions section on the page for the I-864. It explains exactly what is what. I cannot post a link (yet) but it is on the uscic.gov forms page for the I-864.

Special Instructions :

Note on Fees:

Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad. For more information, please see the Department of State, Affidavit of Support Review Fee, in the Related Links of this page.

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

[Sveta & Ron 23]

also keep in mind 2012 tax return is not truely due till april 15th in this case most people would not have done them yet

[powerness 0]

oh, this explains my question:

"...income tax return for your most recent tax year, or an explanation if it is not submitted."

So he should write an explanation saying he has not filed for 2012 yet. But does it affect the credibility of his financial affidavit? Is it better for him to file first or it does not matter?

Thank you so much!

These are the Special Instructions section on the page for the I-864. It explains exactly what is what. I cannot post a link (yet) but it is on the uscic.gov forms page for the I-864.

Special Instructions :

Note on Fees:

Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad. For more information, please see the Department of State, Affidavit of Support Review Fee, in the Related Links of this page.

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

[wellicu812 1]

It should not effect the credibility of his financial affidavit.

He can submit an explanation and copies of the past 3 years, plus copies of the 3 most

recent pay stubs and a copie of his most recient W-2.

This should take away any questions from them about income.

[powerness 0]

Thank you!

It should not effect the credibility of his financial affidavit.

He can submit an explanation and copies of the past 3 years, plus copies of the 3 most

recent pay stubs and a copie of his most recient W-2.

This should take away any questions from them about income.

[wellicu812 1]

Welcome

[Nich-Nick 3,354]

Hi I have a quite stupid question.

On form I-864 #25, it says "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year" or "second and third most recent tax years".

My husband is filling out this form. He has not filed his tax return for 2012 yet. So can he just provide the tax return for 2011, 2010, and 2009? But technically, the words "the three most recent tax years" means 2012, 2011, 2010. So should he file the tax return for 2012 now before submitting this form?

Thank you!!

Post #2 gave you the correct answer, but you can find it for yourself, straight from USCIS here http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html

[bigdog 377]

also keep in mind 2012 tax return is not truely due till april 15th in this case most people would not have done them yet

:thumbs:Yep you can't provide 2012 if you have not filed it yet, many of us did not have the current year completed, no issues.