(I-864EZ) Have you filed income tax return for each of the 3 most recent tax years?

[stroper 0]

I am United States citizen. I have applied for I-130 for my spouse who is living abroad. I-130 has been approved. While preparing for documents to submit to NVC and filling out the form I-864EZ, I came to know that I have to provide the most recent tax return transcript from IRS and provide total income (adjusted gross income on IRS form 1040EZ) for 2nd and 3rd most recent tax return.

------------------
Page 3, Part 5, 5.a
Have you filed a federal income tax return for each of the three most recent tax years? YES / NO
------------------

I did file tax return for 2020 which I have used to apply for I-130 earlier. The answer is NO since I missed filing tax returns for 2019 and 2018.

I don't want to lie in the immigration application. I have uploaded 2020 tax return transcript and associated W2 wage statements along with employer letter confirming my employment and salary.
My salary is above the poverty line and is more than enough to satisfy I-864 requirements.

 

Should I have to fill the fields 6.b and 6.c for 2nd and 3rd most recent total income from tax returns or should I leave these fields blank?

Does leaving these fields blank delay processing or increases chances of RFE?

 

Any further help would be appreciated.

[Crazy Cat 42,406]

54 minutes ago, stroper said:

Should I have to fill the fields 6.b and 6.c for 2nd and 3rd most recent total income from tax returns or should I leave these fields blank?

You have to either enter the numbers from the tax returns for all 3 years or you must indicate why you were not required to file taxes for those 2 years for which you didn't file (such as income was below the threshold for filing).  

If you were required to file, but didn't, you will have to back-file taxes for those missing years. 

 

 

Edited January 4, 2022 by Crazy Cat

[stroper 0]

2 minutes ago, Crazy Cat said:

You have to either enter the numbers from the tax returns for all 3 years or you must indicate why you were not required to file taxes for those 2 years (such as income was below the threshold for filing).  

 

 

Thanks, Crazy. In my case, I failed to file for tax returns for 2019 and 2018. However, I didn't owe any pending taxes to the IRS. Of course, this is extremely difficult to explain in writing with I-864.

Is it mandatory to explain this in writing with I-864 since I have W2 wage and income statements from IRS for the years 2019 and 2018?

Any thoughts?

Thank you!

[Crazy Cat 42,406]

4 minutes ago, stroper said:

Thanks, Crazy. In my case, I failed to file for tax returns for 2019 and 2018. However, I didn't owe any pending taxes to the IRS. Of course, this is extremely difficult to explain in writing with I-864.

Is it mandatory to explain this in writing with I-864 since I have W2 wage and income statements from IRS for the years 2019 and 2018?

Any thoughts?

Thank you!

Owing and filing are 2 separate things.  If you were required to report (file) taxes for those 2 years, but didn't, you are going to have issues.  I am calling an expert.

@pushbrk

Edited January 4, 2022 by Crazy Cat

[Crazy Cat 42,406]

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

Edited January 4, 2022 by Crazy Cat

[iwannaplay54 985]

2 hours ago, stroper said:

Thanks, Crazy. In my case, I failed to file for tax returns for 2019 and 2018. However, I didn't owe any pending taxes to the IRS. Of course, this is extremely difficult to explain in writing with I-864.

Is it mandatory to explain this in writing with I-864 since I have W2 wage and income statements from IRS for the years 2019 and 2018?

Any thoughts?

Thank you!

Did your income meet minimum filing requirements?

If yes:  file your taxes then submit them with your affidavit

If  no:  prepare a letter stating you did not meet the minimum income requirements then submit that with your affidavit

If you didnt file your taxes and were required to?  Then your file will languish until you do

Edited January 4, 2022 by iwannaplay54

[stroper 0]

3 hours ago, Crazy Cat said:

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Hi Crazy,

Thank you for pointing me to these detailed instructions document. Somehow, I have missed reading this instruction doc.

 

Quote

Item Numbers 23.a. - 25. Federal Income Tax Return Information. 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. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

So, it is my understanding that, the most recent tax year (2020 as I haven't received W-2 form for 2021 year from my employer yet) IRS tax return is enough if that meets income requirements.

However, I am thinking of adding the below info under Additional Information page. Does this sound good enough?

 

Quote

 

I have filed and attached a copy of the most recent year (2020) IRS tax return transcript.

I have not yet received the form W-2 for the tax year 2021 from my employer.

I have also attached copies of IRS wage and income transcripts for the years 2019 and 2018. In addition to that, I have provided a copy of the employment verification letter.

 

 

[pushbrk 13,136]

9 hours ago, stroper said:

Thanks, Crazy. In my case, I failed to file for tax returns for 2019 and 2018. However, I didn't owe any pending taxes to the IRS. Of course, this is extremely difficult to explain in writing with I-864.

Is it mandatory to explain this in writing with I-864 since I have W2 wage and income statements from IRS for the years 2019 and 2018?

Any thoughts?

Thank you!

It's very easy to explain if your income was below the filing threshold.  Otherwise, you don't explain failure.  You simple file those tax returns late.

[Crazy Cat 42,406]

7 hours ago, stroper said:

Hi Crazy,

Thank you for pointing me to these detailed instructions document. Somehow, I have missed reading this instruction doc.

 

So, it is my understanding that, the most recent tax year (2020 as I haven't received W-2 form for 2021 year from my employer yet) IRS tax return is enough if that meets income requirements.

However, I am thinking of adding the below info under Additional Information page. Does this sound good enough?

 

 

1.  Was your income above the filing threshold for 2018 and 2019?

2.  Did you file your taxes for those years?

If #1 is yes and #2 is no, then you have to file taxes for those years.

 

In other words, you cannot sponsor a new immigrant if you have not filed taxes (if required) for the 3 most recent tax years.

 

 

[pushbrk 13,136]

8 hours ago, Crazy Cat said:

1.  Was your income above the filing threshold for 2018 and 2019?

2.  Did you file your taxes for those years?

If #1 is yes and #2 is no, then you have to file taxes for those years.

 

In other words, you cannot sponsor a new immigrant if you have not filed taxes (if required) for the 3 most recent tax years.

 

 

Correct.  I must add that the I-864EZ mentioned in the topic title cannot be used if any of the first three questions are correctly answered "NO".

[Crazy Cat 42,406]

2 minutes ago, pushbrk said:

Correct.  I must add that the I-864EZ mentioned in the topic title cannot be used if any of the first three questions are correctly answered "NO".

A Joint sponsor would not be the remedy if the primary sponsor has not filed taxes (if required) for the 3 most recent tax years.....correct?

[pushbrk 13,136]

2 minutes ago, Crazy Cat said:

A Joint sponsor would not be the remedy if the primary sponsor has not filed taxes (if required) for the 3 most recent tax years.....correct?

Unless income for those years was under the filing threshold, yes.  Again, you don't explain "failure" to file taxes.  If required to file, you file the tax returns.

[stroper 0]

Thanks to both of you for the advice.

I submitted the I-864EZ form today with the following:

• 2020 filed tax return transcript from IRS
• 2019 and 2018 wage and income transcripts from IRS
• W-2 forms from my employer for the years 2020, 2019, 2018
• Retirement savings account statement
• Employment verification letter with base rate of pay (confirming my salary for last 5 years or so) from my employer

I am hoping for the best to happen. In the meanwhile, I am going to file late returns for my previous two years despite NVC approves or issue RFE the immigrant visa.