Taxes & Joint Sponsor Q: Spouses income was deemed “insufficient”

[BillsMaf 1]

Hi there. Hoping for a gut check and guidance from this lovely forum. 
 

Husband makes significantly more than the minimum needed for the financial support requirements on the 1-864.
 

However, he hasn’t filled his 2022 taxes yet as our accountant told us to wait until I moved to the US and got my SSN to filed jointly (we don’t owe anything so no penalties). We filed for an extension for the 2022 taxes. 
 

We uploaded our 1-864 in July 2023 and the following:

- his tax returns for 2021, 2020, 2019

- 2022 w2

- several paycheques 

- extension for taxes

- letter of explanation on the tax extension

- letter of employment. 
 

We were then told his income was insufficient and a joint sponsor or further evident may be needed before my interview. 
 

My interview is in the next 12 days. 
 

We received an email from the embassy asking for his recent W2 and taxes. IRS efiling doesn’t open until after 5 days after my interview and his job won’t/can’t issue a w2 for 2023 in time for the interview. 
 

My question:

His father has offered to be our joint sponsor. He has all his tax transcripts from ‘22,’21,’20 and makes enough. 
 

We plan to upload a joint sponsorship 1-864 this weekend and also provide new financial documentation like recent pay stubs, a letter of employment for 2023, our investment accounts etc. as well as a letter from our Accountant explaining the reason why they advised us to wait until now and a letter of intent to file as soon as efiling opens. 

 

Will the joint sponsor and additional documentation be sufficient for the financial support side? Is there anything else I should bring/expect at the interview? 

 

[pushbrk 12,872]

Should have told your accountant that the year you sponsor an immigrant is not the year to file taxes late.  Seems he STILL has not filed 2022 taxes yet.  You might get by with a most recent pay stub, and the end of year pay stub, and skip the joint sponsor.

 

File that 2022 tax return NOW.  Remind the accountant you can amend that tax return later.  He's just being prudent, but not knowing or thinking of how that impacted your immigration.

[BillsMaf 1]

14 minutes ago, pushbrk said:

Should have told your accountant that the year you sponsor an immigrant is not the year to file taxes late.  Seems he STILL has not filed 2022 taxes yet.  You might get by with a most recent pay stub, and the end of year pay stub, and skip the joint sponsor.

 

File that 2022 tax return NOW.  Remind the accountant you can amend that tax return later.  He's just being prudent, but not knowing or thinking of how that impacted your immigration.

@pushbrkthank you for responding! I was praying you would see this as the resident tax expert! 
 

 Trust me - we have learnt our lesson and vowed to never delay filing our taxes again for the rest of our lives. 
 

The issue with filing taxes is the IRS online filing doesn’t open until late January so we would have to either file via Mail, by which I don’t know how I prove that? 
 

My father-in-law is happy to be our joint sponsor, understands the legal responsibilities - our gut is telling us to add him as a joint sponsor as a safety net if they don’t accept our explanation of the taxes and my husband’s evidence. Would this be a wise course of action? 

[pushbrk 12,872]

29 minutes ago, BillsMaf said:

@pushbrkthank you for responding! I was praying you would see this as the resident tax expert! 
 

 Trust me - we have learnt our lesson and vowed to never delay filing our taxes again for the rest of our lives. 
 

The issue with filing taxes is the IRS online filing doesn’t open until late January so we would have to either file via Mail, by which I don’t know how I prove that? 
 

My father-in-law is happy to be our joint sponsor, understands the legal responsibilities - our gut is telling us to add him as a joint sponsor as a safety net if they don’t accept our explanation of the taxes and my husband’s evidence. Would this be a wise course of action? 

You don't have to prove you filed on paper.  Just take a complete copy of the return including all schedules, W2s and 1099s.