i 864 2014 or 2015

[SraAcero 6]

Im having a joint sponsor he has his w2 for this year but will notbe filing his taxes until later on because he has to pay some extra money back

My questionus can i still use just his 1040 from 2014 and send the w2 for 2015 aling with his check stubs and employment letter

Or just send 1040 for 2014??

[KayDeeCee 4,896]

If you send the 2015 W-2, chances are you will receive an RFE for the complete 2015 tax return. If they have not yet filed, then just use the 2014 tax transcript plus employment letter and recent pay stubs.

[SraAcero 6]

If you send the 2015 W-2, chances are you will receive an RFE for the complete 2015 tax return. If they have not yet filed, then just use the 2014 tax transcript plus employment letter and recent pay stubs.

so if i send the 2014 do you think they send a RFE for the 2015 tax return even tho he hasnt filed yet or 2014 should be enough for now since we just began 2016?

Edited February 25, 2016 by SraAcero

[SraAcero 6]

THE REAL QUESTION IS WHEN I REALLY NEED THE 2015 TAX RETURN?

[KayDeeCee 4,896]

I cannot say with any certainty. All I can tell you is that the 2015 taxes are not supposed to be required until after the April filing deadline. However, sometimes people do get RFEs for the next tax year, even before the April filing deadline. You should be ok, but as I said, cannot say for sure.

[HGord 22]

Just a forewarning: I filed my AOS in december with an explanation for lack to tax return included (husband was a student in the UK, had no income and therefore not required to file taxes etc etc).

Today I received a request for evidence asking for his "most recent completed tax return", by which I assume they mean his 2015 tax return (which he is yet to file).

If I were you I'd just file the complete 2015 asap and then include that in your AOS, I know it's not ideal but save yourself the headache of an RFE at a later date.

[rodriguezhiraldo 7]

As per my understanding and reading some other experts input, they are NOT requiring whatsoever any 2015 tax returns before tax end period in April. 2015 Tax returns cannot be mandatory before this date, therefore they will be accepting 2014 returns and other correspondent paperwork. And like someone already mentioned, I would not send the 2015 w2 because then they might inquire about 2015 taxes. You can always call NVC, they should be able to clarify. Im sure you’re not the first one concerned. As for the people who already completed 2015 taxes, by all means should include them if it benefits them even better, like myself. And if all, you should try to complete your 2015 taxes ASAP if you can.

Just my two cents, good luck.

Edited February 26, 2016 by rodriguezhiraldo

[KayDeeCee 4,896]

As per my understanding and reading some other experts input, they are NOT requiring whatsoever any 2015 tax returns before tax end period in April. 2015 Tax returns cannot be mandatory before this date, therefore they will be accepting 2014 returns and other correspondent paperwork. And like someone already mentioned, I would not send the 2015 w2 because then they might inquire about 2015 taxes. You can always call NVC, they should be able to clarify. Im sure you’re not the first one concerned. As for the people who already completed 2015 taxes, by all means should include them if it benefits them even better, like myself. And if all, you should try to complete your 2015 taxes ASAP if you can.

Just my two cents, good luck.

This is for an AOS application. It is not at the NVC, so the OP should not contact the NVC for anything regarding their case going through the USCIS.

As for saying they cannot ask for them before the April filing deadline, not true. They are not supposed to, but they can, and certainly have asked for them before the April deadline. It happens every year at this time around March and early April when it gets so close to the deadline for the new tax year.

IF the OP was to get an RFE for the 2015 tax return, then they could just send it at that time, since they would have already filed by then, or could get it filed to satisfy the RFE.

OP>> You could include the 2015 W-2 along with a note stating that the 2015 April filing deadline has not past yet, and you have yet to file the 2015 so your 2014 return is still currently your most recent. No guarantee that you will not get an RFE for the 2015 taxes still, but worth a shot, if you really want them to see the 2015 W-2.