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Affidavit of Support and proof of earnings

Rohnert Park, CA |

My husband is a self-employed US citizen. He has not paid taxes for a couple of years (I know that needs to be corrected). On the Affidavit of Support they ask for a tax return. Does it HAVE to be a tax return or could he use photocopies of checks that have come in (the amount of income is satisfactory - at least 125%)?

If it HAS to be a tax return, does he fill out a tax form for 2013 and use that, or does it have to be a transcript FROM the IRS?

Many thanks in advance.

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Attorney answers 6


First of all, your husband needs to file those tax returns that he had to file. Your case may not be processed without the evidence that he has filed all the tax returns. He will need to enclosed his federal tax returns, as well as all supporting W-2 / 1099 / Schedules. While submitting tax returns is usually enough, the USCIS officers may request official transcripts from the IRS. Hope this helps!

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He should get his back tax situation straightened out -- go to a tax preparer if he doesn't want to do it himself as he will have to give income amounts for the last three years.. Either tax return or tax transcript from IRS are acceptable

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law


It MUST be copies of his tax returns AND Tax Return Transcripts .... including his Schedule C (profit/loss from business).

Thus, you need a tax person and won't be able to file for at-least 4 weeks, if not longer ... depending on your tax prepare.

You should probably also consult with an immigration attorney ... self-employed ... late-filing tax people ... are always complicated cases.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Tax return.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Tax return and W-2 form and if self-employed, federal return and transcript

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


Tax return

John Lassen 1-877-252-4630

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