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Filing i-864 with no recent year Tax Return

Los Angeles, CA |

My husband will complete the I-864 but he did file his 2013 Tax Return til now. Today is 28 Apr which is pass the deadline but we live overseas so he still have 2 months extension and would ask for more extension after that.

Q: Can we submit I-864 without 2013 tax return and just attach 2013 W-2 with explanation letter stating reason: "2013 return is not filed since 2012 will be revised as Married Filing Jointly" got married in Apr 2012, part reason for delay is i still need to get my ITIN or atleast wait for SSN if the GC is approved. Is this I-864 filing sufficient?

*he did not file his 2013 tax return til now.

Attorney Answers 3


Yes you can do that. It is acceptable and proper. Include an extension letter as well.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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You can, but I can guarantee that within 3-4 weeks of the filing husband will get an RFE from CIS requesting the 2013 tax return, giving him up to 83 days during which to respond, but explaining that until such time as the copy of the 2013 tax return is received the entire case will be put on hold and "frozen".. Better file those taxes ASAP. This is a game no one can win with CIS.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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6 lawyers agree


Mr behar's advice is, as usual, superb

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