Are state tax returns needed with the I-751?

[shira 4]

I just noticed that on the USCIS instructions for the I-751 it says

complete joint federal and state tax returns

I have tax transcripts for my 2012, 2013, and 2014 federal tax returns, but it hadn't occurred to me to include state returns. I don't know if tax transcripts for my state returns are even available. Are state tax returns necessary, and if so, is it sufficient to just make a photo copy of the state returns?

Thanks again,

Shira

Edit: The "nag" letter informing us of the need to file an I-751 also indicated "tax returns with verification that they were submitted to the tax jurisdiction." That's the beauty of IRS tax transcripts: They prove that the submission was made. But what does one do for state tax returns?

Edited December 17, 2015 by shira

[Lynkali 163]

I didn't think of state taxes either, until the very last day before I sent off our packet. Of course we had our IRS transcripts, but nothing from the state level. So I slipped in copies of our state tax returns at the last minute, and included the checking statement where the tax check was paid and/or deposited, to show that we did file the taxes on time. I don't THINK they're absolutely required, but that including the checking statement showing payment/refund was the only way I could think of to show they had really been submitted.

[NickD 203]

Federa; IRS law is you must keep your tax returns for 3 years, but if you have an audit must keep 5 years of returns so figure this out if you don't even know you are going to get an audit or not.

We can't get either federal or state forms anymore, only way is to download them off the computer, everything is filled out for exception of your signatures, what makes them legal is hand signing each form, a copied signature is not considered legal. Our states does not have tax transcripts either.

Everthing we submitted for evidence is photo copies, well except for our marriage certificate, says illegal to copy them, so had to send in the originals each time. When you need all the originals, is if you are called in for an interview. If all you have is signed copies see no problems in sending in copies of those.

When I started this, was so busy with work, had no time to study all these immigration forms, so hired a top US attorney to guide me at a flat fee. He strongly suggested we make a duplicate copy of everything we send in because the USCIS tends to "misplace" your applications. He was sure correct on this, if you don't, will be in for a lot of extra work.

[NikLR 13,227]

We did not submit state returns. Just our tax return transcripts for federal taxes.

[shira 4]

Good question. Like you, I submitted all federal tax transcripts but didn't include state tax returns. All I included was a refund from the state for 2013 but included nothing from the state for 2014. The worst that can happen is we could be issued an RFE for state tax returns. You certainly won't be denied for forgetting those.

This is my thinking, too. I called my state (Virginia) and was told that it takes 4 to 6 weeks to receive back a tax transcripts from them. I'm going to requests transcripts just in case, but I'll send out the I-751 without them