I-864, is it ok to put N/A for 2nd and 3rd most recent tax years despite filing?

[spageddy 2]

Hi VJ, I'm trying to respond to an I-864 RFE, and according to the new Form I-864 instructions per 10/27/24, you only need to provide your total income for the most recent tax year on the form itself (16.a), if you're only providing one year of tax returns. For the second (16.b) and third (16.c) most recent tax years, the instructions state it's to enter "N/A" if you're not submitting returns for those years. I only plan on submitting one year's returns, as my income for the 2nd and 3rd most recent years are beneath the poverty level (along with having to amend them)

 

We already have a joint sponsor who's providing 3 years worth of returns.

 

Contrary to the instructions, our lawyer said NOT to put "N/A" for 16.b and 16.c, but to fill them out, and only provide most recent year's tax return. But the instructions state only to fill out 16.b and 16.c if you're providing all three year's returns. She says she doesn't trust USCIS to adhere to their new guidelines.

 

What would you do in this situation? If sending in only one tax return, would you fill out 16b and 16c, or leave N/A?

 

 

[OldUser 7,144]

If your lawyer is a real lawyer (as found on https://www.ailalawyer.com/), and you're paying them money to manage your case - you should follow their advice.

 

Did you have lawyer when you filed forms? RFE when filing with a lawyer may indicate their level or competence...

[K1visaHopeful 2,866]

I'd follow the instructions. 

I see why they amended them as applicants were sending in everything but the kitchen sink as proof instead of what was required for their own extremely specific financial situation. I wouldn't iss-pay off an already issed-pay adjudicator who sent you an RFE already. 

[spageddy 2]

17 minutes ago, OldUser said:

If your lawyer is a real lawyer (as found on https://www.ailalawyer.com/), and you're paying them money to manage your case - you should follow their advice.

 

Did you have lawyer when you filed forms? RFE when filing with a lawyer may indicate their level or competence...

 

They aren't on that website specifically, but they apparently DO have ties with the AILA and they seem to be a competent lawyer. We didn't have them at the time of filing, so that wasn't on them.

 

 

7 minutes ago, K1visaHopeful said:

I'd follow the instructions. 

I see why they amended them as applicants were sending in everything but the kitchen sink as proof instead of what was required for their own extremely specific financial situation. I wouldn't iss-pay off an already issed-pay adjudicator who sent you an RFE already. 

 

And hi that's us, we're those applicants

We frankly sent in too much irrelevant documentation while not supplying some important stuff (proof of citizenship)

 

[K1visaHopeful 2,866]

26 minutes ago, spageddy said:

 

And hi that's us, we're those applicants

We frankly sent in too much irrelevant documentation while not supplying some important stuff (proof of citizenship)

 

Hmmmm. In that case, please use that same energy to complete your VJ timeline in full so it can help your fellow VJ members with statistics. 

[JD2 91]

5 hours ago, spageddy said:

We already have a joint sponsor who's providing 3 years worth of returns.

If you have a joint sponsor, why does it matter if year 2 and 3 are below the poverty line?  So, I'd follow your attorney's instructions.

[spageddy 2]

16 hours ago, JD2 said:

If you have a joint sponsor, why does it matter if year 2 and 3 are below the poverty line?  So, I'd follow your attorney's instructions.

Our attorney is very much an advocate for "less is more", they want us to submit one year of returns specifically. BUT they also say not to follow the instructions to the I-864, (put n/a for 16b and 16c), hence the confusion. Basically, we just want our I-864 to be valid, even if we're using a joint sponsor.

[JD2 91]

14 minutes ago, spageddy said:

Our attorney is very much an advocate for "less is more", they want us to submit one year of returns specifically. BUT they also say not to follow the instructions to the I-864, (put n/a for 16b and 16c), hence the confusion. Basically, we just want our I-864 to be valid, even if we're using a joint sponsor.

I think it'll be fine if you follow the attorney's advice or you don't but it's your call.  You can order your attorney to do it how you want it.