I-864: Current Tax Return - 2018 Update

[M + K 1]

All of the questions in the forum regarding this subject are more than a couple years old so I want to pose the question again. My 2017 tax return is on extension. I called NVC and the rep told me that I could just provide a reason why it wasn't filed. I have done so on the I-864 plus provided my most recent pay stub as well as the 2016 & 2015 tax return transcripts. We were just notified that the NVC has APPROVED the Affidavit of Support (AOS) and documentation but what concerns me is they added a "Response note" to AOS section that reads as follows: 

 

If a Federal income tax return was not required to be filed, submit an explanation for not filing. If eligible for an exemption for any reason other than income level, evidence of the exemption may be submitted.

 

My concern is that the NVC rep may have misinterpreted my question about why I didn't file the 2017 tax return yet or was just rushing to get me off the phone. Has anyone heard if this will end up being an issue at the interview? The income is obviously there for all previous years and 2018 income so that's certainly not a concern at all. My spouse getting to the interview though and then get asked for my 2017 tax return that is on extension. Please advise if you have any info about this. Thank you!

[geowrian 22,337]

If you haven't filed 2017 taxes and have a current extension, you need to provide evidence that the extension was filed.

If the extension is expired, you must provide your 2017 tax return for the interview. Having filed fore the past 3 tax years is a hard requirement for the I-864. The exception would be if you weren't required to file for 2017 (i.e. no/income under the filing threshold), then you need to submit a signed letter stating why you weren't required to file.

Edited September 12, 2018 by geowrian

[M + K 1]

On 9/12/2018 at 9:48 AM, geowrian said:

If you haven't filed 2017 taxes and have a current extension, you need to provide evidence that the extension was filed.

If the extension is expired, you must provide your 2017 tax return for the interview. Having filed fore the past 3 tax years is a hard requirement for the I-864. The exception would be if you weren't required to file for 2017 (i.e. no/income under the filing threshold), then you need to submit a signed letter stating why you weren't required to file.

My apologies as I did complete the I-864EZ but did provide over and above the required documentation to back up my income since the 2017 tax return was on extension. Yes, I did supply the extension also. I don't believe he'll have his interview before the October 15 extension deadline so I'll need to provide that to him to take to the interview. Not sure what else to do at this point because we just received the email that everything is approved and they'll work to set up the interview.  Thank you for the information.