Unavailable tax transcripts needed for approval of I-865

[ChristinaD 0]

I am sponsoring my husband who is a German. We have already done the I-130 and been approved. We submitted the I-865 and I-865a but they have not been approved yet because I am missing  my 2019 tax transcripts. I filed my 2019 taxes late and since COVID the IRS is backed up by six months on processing taxes so my transcripts are not available yet. However I have been unemployed since 2018. my husband is paying for everything and his income is well above the poverty guidelines. Is there anyway to get approval for the I-865 without my 2019 tax transcripts?

[Crazy Cat 41,469]

Submit the complete tax return package instead of a tax transcript.  Are you sure you can use his income?   It might be a good idea to find a joint sponsor 

I assume you mean the I-864....not I-865.

Edited January 9, 2021 by Lucky Cat

[carmel34 3,605]

5 hours ago, ChristinaD said:

However I have been unemployed since 2018. my husband is paying for everything and his income is well above the poverty guidelines.

It's likely that you'll need a qualified co-sponsor with sufficient income in the US for your husband to get a spousal visa approved.  Or you'll need evidence of sufficient liquid assets to make up the difference (3x).  As the petitioner, you are the primary financial sponsor, and if you're unemployed, your current income is likely zero.  Your foreign husband is the beneficiary, and his income, to qualify, must be US-based, or continue after immigrating to the US.

 

From the I-864 instructions:

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has
accompanying children.

 

The poverty guidelines are based on income in the US, not overseas income.

 

Good luck!

Edited January 9, 2021 by carmel34

[Ryan H 3,812]

**Moved from Progress Reports to Process & Procedures.  Hijack post and replies to said post removed.**

[ChristinaD 0]

The problem my husband and I are having is to do with the transcript itself. We haven’t had problems with anything else. We just need to see if there is a way around submitting my unavailable tax transcripts. And as far as his foreign income goes he will continue being paid by the airforce for 2 more years and we have plenty in savings. So money is not an issue.

[PTA petitioner 20]

On 1/9/2021 at 6:46 AM, ChristinaD said:

I am sponsoring my husband who is a German. We have already done the I-130 and been approved. We submitted the I-865 and I-865a but they have not been approved yet because I am missing  my 2019 tax transcripts. I filed my 2019 taxes late and since COVID the IRS is backed up by six months on processing taxes so my transcripts are not available yet. However I have been unemployed since 2018. my husband is paying for everything and his income is well above the poverty guidelines. Is there anyway to get approval for the I-865 without my 2019 tax transcripts?

-You can get accepted and DQ'd at the NVC stage without a transcript, by submitting only the tax return + 2019 w2. 

-You can write a letter stating that your transcripts are unavailable on the IRS for 2019 (due to late return), and that you did not work in 2018 therefore you did not file taxes. Upload this letter to the ceac portal. 

-In the end, when you get to the interview stage: It is up to the officer who interviews your case to decide if they can approve the visa without a tax transcript.