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Filed: K-1 Visa Country: Portugal
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If I, as the the K-1 sponsor, don't submit IRS tax transcripts for previous unfiled taxes with the I-864, are my wife and I immediately disqualified, or will I just receive an RFE in some weeks and be alright if we can then produce transcripts?

 

2016 taxes are square, but I am filing 2014, 2015 now. Apparently it takes the IRS 6 weeks to process new filings for past years, and we would like to submit the I-864 ASAP. We wonder if that's suicide.

 

Below is what the I-864 instructions say about how to handle back taxes and it's what has me worried.

 

"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 all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864."

 

How important is the word "before" in that last sentence? In other words, is the following plan doomed automatically?

 

- file 2014, 2015 taxes now

- submit I-864 with only the 2016 return attached (no IRS transcripts yet for 2014, 2015)

- get IRS transcripts for 2014, 2015 taxes ASAP (~6 weeks after filing)

- likely RFE for 2014, 2015 tax transcripts

- submit 2014, 2015 tax transcripts to satisfy RFE

- AOS interview success

 

Thanks in advance!

 
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