"Most Recent Tax Year" on I-864 for AOS

[Del A. 44]

Hi all

I am a K1 Visa recipient and my husband and I are filing our AOS soon. I have a question regarding the required tax documentation on the I-864, Affidavit of Support. I understand that if we file AOS before the end of 2019 our most recent tax year would have been 2018, and we've got that. But if we file in January 2020, would our most recent tax year be 2019 already, thus requiring the proper documentation for 2019 instead?

I ask because the company my husband works for doesn't send out W2s until February, but we REALLY don't want to wait any longer to file our AOS because my I-94 had been expired since October 22nd. We've planned to file this December 16th but something came up, and we might have to reroute the budget for that one onto something else.... sigh (I know, I know, we're filing late, but life happens and so here we are...) 😅

So I'm thinking:
1) Perhaps USCIS would allow the submission of 2018 records due to the fact that tax season for 2019 won't be over until April 2020 anyways?
2) Perhaps we could include an explanation on our cover letter as to why we're submitting 2018 records despite 2019 ending?

So yeah, I would appreciate any input from anyone who can help. Thank you all

[ThomasNC1988 762]

Only after April 15th 2020 would you be required to submit a 2019 return.

[Ayrton 965]

34 minutes ago, Del A. said:

Hi all

I am a K1 Visa recipient and my husband and I are filing our AOS soon. I have a question regarding the required tax documentation on the I-864, Affidavit of Support. I understand that if we file AOS before the end of 2019 our most recent tax year would have been 2018, and we've got that. But if we file in January 2020, would our most recent tax year be 2019 already, thus requiring the proper documentation for 2019 instead?

I ask because the company my husband works for doesn't send out W2s until February, but we REALLY don't want to wait any longer to file our AOS because my I-94 had been expired since October 22nd. We've planned to file this December 16th but something came up, and we might have to reroute the budget for that one onto something else.... sigh (I know, I know, we're filing late, but life happens and so here we are...) 😅

So I'm thinking:
1) Perhaps USCIS would allow the submission of 2018 records due to the fact that tax season for 2019 won't be over until April 2020 anyways?
2) Perhaps we could include an explanation on our cover letter as to why we're submitting 2018 records despite 2019 ending?

So yeah, I would appreciate any input from anyone who can help. Thank you all

It would still be 2018, because the deadline to file is April 2020.

[aratamorne 164]

Also  when you reach the interview stage you can bring a copy of the 2019 tax return since it can easily be almost a year from filing to interview.  All that additional evidence, you should bring to the interview.  Any new tax filings, leases, bank account statements, insurance, anything additional you would like to submit that shows a continuing valid relationship.