A retired joint sponsor send 1 year of tax return only

[Bellatran0112 0]

Hi everyone!!! 

I need help!!!

we are collecting documents to send to nvc. My husband has no income for the last 5 years. He still filed tax with 0 income. Now my Dad in law offer to sponsor me. He retired and has been filling tax every year. But he only wants to give the most recent year of tax return ( 2017 . He will

give tax transcript) ( because he has some reason that he does not want to send 3 years of tax returns) . Even though he is retired, his income is still much higher than the guidelines. Is that ok for a retired joint sponsor to send only 1 year of tax return( tax transcript) ??? Have anyone had the same situation and has it got through nvc without RFE? 

Any ideas would be appreciated so much!!

[Jorge V 195]

Both the I864 and it's instructions (https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf) state that only the most year's tax returns are required.

 

The I864 says this on part 6, question 23.a

Quote

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

 

The instructions say (on page 8):

Quote

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

So he's ok only giving the most recent as that's all that's asked of him. Note that he is required to have filed the previous 3 years, but only a copy of the most recent year is required to be attached.

[Bellatran0112 0]

2 minutes ago, Jorge V said:

Both the I864 and it's instructions (https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf) state that only the most year's tax returns are required.

 

The I864 says this on part 6, question 23.a

 

The instructions say (on page 8):

So he's ok only giving the most recent as that's all that's asked of him. Note that he is required to have filed the previous 3 years, but only a copy of the most recent year is required to be attached.

Thank you so much for your advice. We do know that the instructions say that he can give only 1 year. But i have been searching and reading so many topics related to this issue and so many people posted that after they send 1 year to nvc they still get REF from nvc ask for 3 years. It’s so co confused. I wonder if anyone has sent 1 year and got through. ( my Dad in law is also retired so i worry they nvc will even ask for more evidence from him ) . So stressful 

[Jorge V 195]

20 minutes ago, Bellatran0112 said:

Thank you so much for your advice. We do know that the instructions say that he can give only 1 year. But i have been searching and reading so many topics related to this issue and so many people posted that after they send 1 year to nvc they still get REF from nvc ask for 3 years. It’s so co confused. I wonder if anyone has sent 1 year and got through. ( my Dad in law is also retired so i worry they nvc will even ask for more evidence from him ) . So stressful 

I sent only one year and got through, and I think most people do it as well. I've seen others get RFE when the income is very close to the requirement. So if the requirement for your household is $25k and the sponsor only made $25.5k last year, then they might request more evidence and possibly reject that sponsor. You might also get a RFE if the tax return is incomplete or lacking information, which is why tax transcripts are always recommended over tax returns.

 

If your sponsor really doesn't want to give you more than just 1 tax return/transcript, then send it in and hope for the best. Best case scenario is that you get through no problems, worst case scenario you get a RFE, which will hopefully convince your sponsor to give you the remaining tax returns and will delay you a few weeks. 

Edited May 9, 2018 by Jorge V