Filing I-864 Income Tax Transcript Problem

[John24689 0]

We are ready to file the I-864 along with the AOS, AP, and EAD papers. I did not file my 2005 income taxes until Jan 27, 2007. (I know.) I have copies of my tax returns and 1099's and W-2's for 2005. I read in the Instructions for the I-864 item 25, Federal Income Tax Information, the following statement.

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support."

I don't know what to do. The IRS says it will take 30 to 60 days to process my tax return before it will be listed on the computer where I can dial in and request a transcript for 2005. Then it takes 10 to 15 days for the IRS to mail the transcript.

Do I have to wait on the transcript? Can I submit everything and wait for a RFE? Will they ask for a RFE or return all of my papers? If they do return everything will they keep my Money? Then when I receive the transcript for 2005, resubmit with more money? Does a RFE give you only 30 days to reply and they they deny the requests and keep the money?

Please help. I am so frustrated over this situation. I know it is my fault that I am in this mess. Thanks for any information. Have a great day.

John

[rebeccajo 14]

I think you'd be better off to wait.

Edited February 10, 2007 by rebeccajo

[New Yorker 0]

hello..

WE ARE IN THE SAME CASE... ANY ADVICE? A JOINT SPONSOR WILL BE AN OPTION?

[SC & TF 1]

First of all, I think you should wait until you get everything in order before you submit your application. USCIS usually gives 87 days to reply to an RFE. But you're better off filing everything correctly the first time, rather having your application delayed because of an RFE. A joint sponsor helps when your income is below the poverty line. However, the petitioner still needs to file form I-864 with the required supporting evidence, joint sponsor or not. Good luck.

[Killer_Clown_2009 0]

I would submit it with the copies of your tax return and 1099's and W-2's for 2005, if you are in a rush to send in your application. If not in a rush, wait and send in the actual transcript.

Edited February 12, 2007 by jane2005

[tiberonsuave 0]

Most of the time an RFE will not delay an application. If the applicant responds in a timely manner the application will not lose its spot in line. Multiple RFEs; may, be a horse of a different color.

T

First of all, I think you should wait until you get everything in order before you submit your application. USCIS usually gives 87 days to reply to an RFE. But you're better off filing everything correctly the first time, rather having your application delayed because of an RFE. A joint sponsor helps when your income is below the poverty line. However, the petitioner still needs to file form I-864 with the required supporting evidence, joint sponsor or not. Good luck.

[John24689 0]

Thank all of you for your comments. I finally woke up and filed my 2006 taxes today. I will send the required 1040, Schedules, W-2's and 1099's. Since it is not filed late, then I do not need an IRS Transcript. I guess I was worred for nothing. I will have everthing put together tonight and sleep on it for a night or two to check and re-check them. I will then send the AOS, AP, and EAD off.

This is a great board. Thanks.

Comment. I did have to file a W-7 and notarized required information with my Federal Tax Returns for my step-daughter. It's a good thing I saw that on here a week or so ago. Thanks.

Have a great evening.

John

[rebeccajo 14]

An RFE delays the processing of interim benefits.

If you file for EAD and AP they are stalled until you respond to the I485 RFE.

Most of the time an RFE will not delay an application.

[tiberonsuave 0]

Typically you get the rfe in less than thirty days and if you reply promptly you will not "lose your place" in line. As times for these applications take nonety days anyways...there are however, exceptions. I seem to be (un)fortunate to always fall into the exception catagory.

Hence the phrase..."Most of the time" With my rfe I responded and got my AP in 83 days.

t

An RFE delays the processing of interim benefits.

If you file for EAD and AP they are stalled until you respond to the I485 RFE.

Most of the time an RFE will not delay an application.