Behind on taxes, filing now but do I need to wait for tax return? [merged threads]

[SteveInBostonI130 3,434]

14 hours ago, hankjr4x4 said:

I have not yet filed the i-864 that's the next step for me. last filed in 2019

Thanks!

 

1. Approved I-130 does not equal "approved for interview".

 

2. Next step is NVC.  For AOS, I-864 needs to be submitted and approved (by NVC).  For IV, a DS-260 has to be filled out by the beneficiary (applicant) and civil documents have to be uploaded.

 

3. You need to file taxes for the last 3 years.   It is a "yes" or "no" question.  If "no", you need to explain why you were not required to file (income below filing threshold, perhaps).  You do need to fill in the gross income/total income amounts for those 3 years, unless you were not required to file.

 

4.  You are only required to send the most recent (2022) tax returns/ tax return transcript.  Years 2 and 3 are optional (2021, 2020).

 

[Ambyeightyfour 3]

On 6/2/2023 at 8:01 AM, Crazy Cat said:

That is not accurate for immigration purposes.  They want to see the actual returns or transcripts.

I should clarify. Sending Tax returns along with copy of certified mail receipt is a way of show proof you have filed a tax return. I had to file by mail this year because I needed an ITIN for my husband . I'm not getting my transcript back for a while. Instead of waiting I uploaded my 2022 tax returns and attached a copy of the certified mail receipt. I also had to file my 2021 and 2020 tax reruns by mail. 2021 was an amendment, but 2020 I hadn't filed. So they also had to be sent by mail.

 

I was DQ'd last Tuesday. 

 

 

Edited June 6, 2023 by Ambyeightyfour

[Crazy Cat 41,836]

1 minute ago, Ambyeightyfour said:

I should clarify. Sending Tax returns along with copy of certified mail receipt is a way of show proof you have filed a tax return. I had to file by mail this year because I needed an ITIN for my husband . I'm not getting my transcript back for a while. Instead of waiting I uploaded my 2022 tax returns and attached a copy of the certified mail receipt. 

 

I was DQ'd last Tuesday. 

Thanks for clarifying.  

[hankjr4x4 1]

To clarify - I apologize. I wasn't precise enough in my original post. I have not been 'approved for an interview' that was shorthand for having my i-130 approved. I'm now in the process of filing my financial docs as the sponsor and the reason I thought it would be somewhat acceptable is that my income is well over the threshold and the IRS actually owes ME a lot of money. Yes, I have been negligent and that's on me. That being said I have to move forward somehow and am living in abroad with my spouse. I'm doing everything I can to not slow down the process further because I'm so tired of living away from my home country and just want to come home. I did see one comment that they only require the most recent year and the other years are optional? Can anyone else verify? Currently I am also running into issues getting my w2s from my employers in past years and issues from id.me getting into my account because the system is so wonky am now am locked out. I had the IRS mail my documents to my home residence in the US, but that is of course taking forever and even then I'll have to work out a way to get my transcript after everything is up to date which will be an issue since the id.me won't let me in. Trying to avoid all this extra wait on the IRS mailing me my documents. Many thanks for all the helpful comments.

[Crazy Cat 41,836]

6 minutes ago, hankjr4x4 said:

I did see one comment that they only require the most recent year and the other years are optional?

Only the most recent year tax forms must be submitted.  However, you must have filed for the last 3 most recent years if required to file.

Edited June 8, 2023 by Crazy Cat

[Redro 4,611]

38 minutes ago, hankjr4x4 said:

To clarify - I apologize. I wasn't precise enough in my original post. I have not been 'approved for an interview' that was shorthand for having my i-130 approved. I'm now in the process of filing my financial docs as the sponsor and the reason I thought it would be somewhat acceptable is that my income is well over the threshold and the IRS actually owes ME a lot of money. Yes, I have been negligent and that's on me. That being said I have to move forward somehow and am living in abroad with my spouse. I'm doing everything I can to not slow down the process further because I'm so tired of living away from my home country and just want to come home. I did see one comment that they only require the most recent year and the other years are optional? Can anyone else verify? Currently I am also running into issues getting my w2s from my employers in past years and issues from id.me getting into my account because the system is so wonky am now am locked out. I had the IRS mail my documents to my home residence in the US, but that is of course taking forever and even then I'll have to work out a way to get my transcript after everything is up to date which will be an issue since the id.me won't let me in. Trying to avoid all this extra wait on the IRS mailing me my documents. Many thanks for all the helpful comments.

You need to be precise with your words because here as @pushbrk likes to say "words matter". 

Make sure you file the last three years of taxes. Get up to date before you submit anything. 

If you currently live overseas but your employment will continue once you return to the US make sure you upload a letter from employer confirming continuation of employment. There is no point in "rushing" this part of your process if you're going to receive an RFE for incomplete documentation.

Be careful and deliberate. I'm not sure it continues to happen but when NVC flags a mistake they stop looking at your documentation and will only flag the next mistake after second submission. Many people have lost a year to NVC RFEs... 

Edited June 8, 2023 by Redro

[prohias 3]

I was in the exact same situation (hadn't filed 2020, 2021, or 2022, due to waiting for an ITIN).

 

I filed all the returns in paper form simultaneously and just sent in a copy of the full returns and the W-2s, including the scanned signature page.

 

I did not submit proof of mailing.

 

DQ'd with no issues.

Edited June 11, 2023 by prohias

[pushbrk 12,876]

20 hours ago, prohias said:

I was in the exact same situation (hadn't filed 2020, 2021, or 2022, due to waiting for an ITIN).

 

I filed all the returns in paper form simultaneously and just sent in a copy of the full returns and the W-2s, including the scanned signature page.

 

I did not submit proof of mailing.

 

DQ'd with no issues.

That's what I would expect.  Proof of mailing is not proof of WHAT you mailed, so would be useless anyway.