I-864, Previous tax report missing, Leave it blank?

[minemar 96]

My husband lost his records. We are in a rush to send the AOS packet. So I went online and they send your previous tax returns but they take a while.

 

Is there a problem if we do not list 2014 tax returns? Will we get a RFE is we leave it blank or put an estimated amount?

 

[PedroDaGr8 245]

You want Tax Transcripts, not just Tax Returns. The trascript includes the return, the W-2 and all other relevant, payments made, etc. This is much preferred over a traditional return because you have everything needed in one document. You can get your transcript digitally from: https://www.irs.gov/individuals/get-transcript . Choose "Get Transcript Online"  Download the pdf, print it out and sent it with your application. 

Edited August 8, 2017 by PedroDaGr8

[Suss&Camm 2,213]

You are required to fill out the numbers for all previous three years- not doing so will lead to an rfe, yes.

Can't he just download the transcript from their site to get the number? 

[geowrian 22,337]

You can obtain your tax transcripts online directly from the IRS and print them:

https://www.irs.gov/individuals/get-transcript

 

Technically only the most recent year's tax return is required. But you must list the last 3 years' income, and I would not suggest guessing.

From the I-864 (Question 18):

"NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year."

"(Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years."

[Suss&Camm 2,213]

3 minutes ago, PedroDaGr8 said:

You want Tax Transcripts, not just Tax Returns. The trascript includes the W-2 and all other relevant, payments made, etc. This is much preferred over a traditional return. You can get your transcript digitally from: https://www.irs.gov/individuals/get-transcript . Choose "Get Transcript Online"  Download the pdf, print it out and sent it with your application. 

I often see this quoted,  that it is preferred and I have yet to see a source of it. The instructions say that either one is Ok as long as the return is complete.

 

OP you don't need to send the papers at all for 2014, you just need the number. 

Edited August 8, 2017 by Suss&Camm

[geowrian 22,337]

3 minutes ago, Suss&Camm said:

I often see this quoted,  that it is preferred and I have yet to see a source of it. The instructions say that either one is Ok as long as the return is complete.

True...neither one is really better than the other for USCIS. They just need the numbers. The transcripts are generally preferred here because it's harder to screw it up...just download and print. With tax returns, you need to provide the entire 1040 + all W-2s + all 1099s. There's just more to forget or for them to lose and get an RFE. At least that was my understanding why people suggest them.

Edited August 8, 2017 by geowrian

[PedroDaGr8 245]

14 minutes ago, Suss&Camm said:

I often see this quoted,  that it is preferred and I have yet to see a source of it. The instructions say that either one is Ok as long as the return is Ok. 

 

OP you don't need to send the papers at all for 2014, you just need the number. 

This is a long standing preference from USCIS, because the tax transcript is generated by the IRS. A copy of a return just shows that you filled out the return, not that you submitted it to the IRS(meaning the information has been checked and is valid). Until 2014, it was a huge pain to get a copy of your tax transcript as it required faxing off a form and waiting around a month for the IRS to send a document to you. As such, they would accept a return as long as it was accompanied by the W-2s and other related forms that establish income and expenses. Even though it is incredibly simple now to get a transcript, they still accept tax returns with said documents. At the end of the day, they will get the info they need from either. Just with the transcript it is preferred due to its inherent completeness. 

I agree OP does not need to send all of the papers, but the fact is, it takes all of 5 minutes to get these documents from the IRS website. Better to send them, than have an interviewer decide that they want to see them and get an RFE. If it took a month or more like it used to, then I would entirely agree with you. 

 

@geowrian I completely agree, these are foolproof and guaranteed to have any and all associated tax information in them.

Edited August 8, 2017 by PedroDaGr8

[Suss&Camm 2,213]

7 minutes ago, PedroDaGr8 said:

This is a long standing preference from USCIS, because the tax transcript is generated by the IRS. A copy of a return just shows that you filled out the return, not that you submitted it to the return

My point is that yes it might me an easier way to do it - I completely agree with this. It is NOT however a "long standing preference with USCIS". It is a long standing preference with ppl on VJ.

You would naturally submit your submission proof aswell. If you for example filed using online tax software,  the electronic signature shows it was submitted and when. The only difference is that a transcript is generated after the IRS has processed your return, but I repeat this "preference" is on the side of the person submitting, not uscis.

7 minutes ago, PedroDaGr8 said:

 

@geowrian I completely agree, these are foolproof and guaranteed to have any and all associated tax information in them.

I don't disagree - I disagree with it being prefered. It is not. They either accept your complete return or your tax transcript. They don't "accept with preferences" It's an all or nothing deal. 

[geowrian 22,337]

1 minute ago, Suss&Camm said:

I don't disagree - I disagree with it being prefered. It is not. They either accept your complete return or your tax transcript. They don't "accept with preferences" It's an all or nothing deal. 

By "The transcripts are generally preferred here", I meant for "here" to mean "on VJ". Not that USCIS prefers them.

[Suss&Camm 2,213]

15 minutes ago, PedroDaGr8 said:

I agree OP does not need to send all of the papers, but the fact is, it takes all of 5 minutes to get these documents from the IRS website. Better to send them, than have an interviewer decide that they want to see them and get an RFE. If it took a month or more like it used to, then I would entirely agree with you. 

They do not rfe not required tax evidence. You will not get an rfe for not sending tax papers from 2 and 3 years ago. In some instances ppl feel it might not do any good to send these (low income/no income etc). It's suggested to only send these if you believe you need to show income stability over time. For example if you are self-employed these should be sent. 

 

2 minutes ago, geowrian said:

By "The transcripts are generally preferred here", I meant for "here" to mean "on VJ". Not that USCIS prefers them.

Yes I know, I was responding to Pedro.

[minemar 96]

Thank you everybody for their responses. I thought the only way to get them was through mail not an online version. I will tell him to sign up.  It is really easy right?

 

 

[minemar 96]

My husband doesn't have a way to prove: 

• your personal account number from a credit card, mortgage, home equity loan, home equity line of credit or car loan, and
• a mobile phone with your name on the account.

He doesn't own a credit card or anything from the list. And his mobile is in a family plan with his mother name. So I guess the only option is to get the transcripts through mail. 

 

Do you know if calling ISR by phone will give them only the total amount of his 2014 annual income?

[Suss&Camm 2,213]

17 minutes ago, minemar said:

My husband doesn't have a way to prove: 

• your personal account number from a credit card, mortgage, home equity loan, home equity line of credit or car loan, and
• a mobile phone with your name on the account.

He doesn't own a credit card or anything from the list. And his mobile is in a family plan with his mother name. So I guess the only option is to get the transcripts through mail. 

Well that sucks.

17 minutes ago, minemar said:

Do you know if calling ISR by phone will give them only the total amount of his 2014 annual income?

Well, it's first almost humaly impossible to get anyone on the phone when calling IRS - if he manages to, please come back and share that secret

I also doubt that they would give it over the phone, but I honestly don't know so unless you get a definite answer from someone who's done it, seems at least worth a try.

When did you guys request them? We were in the same position and I believe it took around 2-3 weeks for us to get them in the mail, which is still a lot shorter time than receiving and answering an rfe from uscis.

[PedroDaGr8 245]

1 hour ago, Suss&Camm said:

My point is that yes it might me an easier way to do it - I completely agree with this. It is NOT however a "long standing preference with USCIS". It is a long standing preference with ppl on VJ.

You would naturally submit your submission proof aswell. If you for example filed using online tax software,  the electronic signature shows it was submitted and when. The only difference is that a transcript is generated after the IRS has processed your return, but I repeat this "preference" is on the side of the person submitting, not uscis.

I don't disagree - I disagree with it being prefered. It is not. They either accept your complete return or your tax transcript. They don't "accept with preferences" It's an all or nothing deal. 

It isn't just VJ, it is pretty much every single immigration site since the early 2000s state this same information. Legal sites, law blogs, immigration blogs, immigration forums, etc. they all state this same thing but not a single one references where it comes from. So I did some more in depth research and I believe much of this belief stems from the following phrase in the USCIS Adjudicator's Field Manual - Redacted Public Version: 

"Tax transcripts provide proof that the returns were filed with IRS, are easier to read, take up less room in the file, and are easily obtained. If a sponsor submits a transcript rather than a photocopy of the tax return, it is not necessary for the sponsor to include copies of any Forms W-2 or 1099." Found here: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html 

 

The USCIS doesn't state explicitly and externally that they are preferred, they just deem something acceptable or not acceptable. Internally though, the above sentence IMHO clearly shows a preference for tax transcripts by listing all of the reasons they are better than a tax return. That makes this more of a semantic discussion, of what is the intended meaning of preferred here. If by preferred you mean will one get you a better result with a tax transcript than with a return, then no. Legally tax transcript = tax return plus supporting info. On the other hand, if by preferred you mean that internally to make their lives easier they would rather see a tax transcript than a tax return plus required supporting  info, then based on the above instructions above I would say yes. 

 

1 hour ago, Suss&Camm said:

They do not rfe not required tax evidence. You will not get an rfe for not sending tax papers from 2 and 3 years ago. In some instances ppl feel it might not do any good to send these (low income/no income etc). It's suggested to only send these if you believe you need to show income stability over time. For example if you are self-employed these should be sent. 

 

This is a fair point and I stand corrected. An RFE would be exceptionally unlikely in this situation.

 

EDIT: Also, it looks like they have sped up the response time for tax transcripts by mail. It used to be one month, now they list it as 5-10 days in the mail. That is a much more acceptable response time.

Edited August 8, 2017 by PedroDaGr8

[geowrian 22,337]

9 minutes ago, Suss&Camm said:

Well, it's first almost humaly impossible to get anyone on the phone when calling IRS - if he manages to, please come back and share that secret

Patience. The secret is patience and an unlimited phone plan. I spent over an hour on hold to get a hold of an actual person who could answer a tax question about the first time homebuyer's credit several years ago. Those waits have gone up dramatically due to cuts as well.

To be fair, the person I got did actually know what they were talking about. So that's a step up from the USCIS line.

Edited August 8, 2017 by geowrian