I-864 submission - haven't filed taxes

[RekhaG 0]

My husband is the American citizen, I am Canadian. We had our i130 approved in late December 2023. Now we've paid the fees for NVC and on to our next steps.

 

We filed his 2021 + 2022 taxes in January, but they have not been processed yet. It's been such a long wait.

 

Can we submit the affidavit of support and include a letter explaining our circumstances? I'm wondering if that option is only for those who are not required to file taxes. He is required, it just hasn't been done.

He's dealt with depression over the past few years (covid and us not being able to meet with closed borders didn't help). I don't know if including this explanation would help or hinder us.

 

Any suggestions appreciated.

[SalishSea 17,987]

1 hour ago, RekhaG said:

My husband is the American citizen, I am Canadian. We had our i130 approved in late December 2023. Now we've paid the fees for NVC and on to our next steps.

 

We filed his 2021 + 2022 taxes in January, but they have not been processed yet. It's been such a long wait.

 

Can we submit the affidavit of support and include a letter explaining our circumstances? I'm wondering if that option is only for those who are not required to file taxes. He is required, it just hasn't been done.

He's dealt with depression over the past few years (covid and us not being able to meet with closed borders didn't help). I don't know if including this explanation would help or hinder us.

 

Any suggestions appreciated.

No.  He needs to get his tax filings up to date in order to sponsor an immigrant.  Even if you get to the point of an interview, the case will be put into administrative processing until the requirements are met.

[mam521 2,113]

Have you filed his 2023 returns as well?  The IRS will have prioritized current filings over past filings, unfortunately.  

 

Montreal is a consulate that lacks empathy for the most part.  You're going to need proof that the returns have been filed.  

[pushbrk 13,011]

4 hours ago, mam521 said:

Have you filed his 2023 returns as well?  The IRS will have prioritized current filings over past filings, unfortunately.  

 

Montreal is a consulate that lacks empathy for the most part.  You're going to need proof that the returns have been filed.  

Only partially correct.  Yes, it's after the filing deadline for 2023.  The affidavit of support requires information from three tax returns, but a complete copy of only the latest is what is required.  Yes, they prefer to have a Tax Return Transcript, but when not available, a complete copy will do nicely.  Read what comes on both sides of the OR, you seem to have missed.  A complete copy will include all schedules, W2 and 1099 forms.  The proof on "income" is there, but they will accept that if you're willing to pay tax on it and sign an affidavit of support under penalty of perjury, you are telling the truth.

Edited April 16 by pushbrk