Most recent incomes I-864 - need help!

[Fluffy_cat 1]

Hello!

I am currently working on my documents for AOS. i am F-1 OPT student and my EAD expires on June 30, 2016. My last day of work was on May 13, 2016. So i still have time till expiration day and plus 60 days after expiration (forgot what's the name of this period). I got married on May 29, 2016 when we moved to another town.

Here is my question:

So, my husband had income which is higher than poverty line, however he has income tax return only for 2015 and 2013 and missing for 2014. He has trouble to get from IRS because of the mistake with his phone. It doesn't recognize it even if he has this phone number since childhood.

Is it okay to submit only current and 2015 year income because they higher the poverty level with just letter of employment, W-2 and tax return for 2015? Or my husband has to file 3 years?

And I am afraid if we try to make this work it can take month or so to get the transcript I will be out of status and illegal here.

thank you!

[NikLR 13,232]

~~moved to AOS from work, student, and tourist visas from IR1/CR1 process and procedures~~

[KayDeeCee 4,896]

If you were required to file taxes, then you need to file those back returns before filling out the I-864. If you were not required to file any of the 3 years, then you need to include a statement to explain why you were not legally required by the IRS to file. Details of this are found in the I-864 instructions.

You need the Total Income amount from all 3 years, but only have to submit the most recent one.

You can get IRS transcripts for all 3 years. https://www.irs.gov/individuals/get-transcript

You may also call our automated phone transcript service at 1-800-908-9946 to receive it by mail. Please allow 5 to 10 calendar days for your transcript to arrive by mail.

If you are having trouble getting the transcripts online or by phone, then you can also walk into an IRS office to get them in person.

[Fluffy_cat 1]

Thank you for your quick response, KayDeeCee!

We filed all taxes, my husband just can't access to his 2014 return on IRS. He lost it. I think we will try to get these documents by mail even if it takes certain amount of time or just get it in person as you said.

Thank you again!