Asked in Tax Law and Immigration Law

Q: I-864 taxes problem

My husband and I are about to start the NVC step of but he didn't file taxes for the past 3 years. He filed for 2019 but the 2 priors he didnt even though he was supposed to.

The problem is that now IRS is not mailing the wages transcripts we would need to back file those years and he cant get them online because doesn't have a credit card or any other kind of credit.

Can we still file the i864 and write a letter explaining? We will have his father as a joint sponsor with us I really dont know what to do. We were approved from USCIS on april 6th and until now we are stuck.

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: IRS transcripts can be obtained online and there is no fee. I am not aware that online service is not possible at this time. If online service is unavailable at this time you will need to obtain the transcripts by mail. A check can be mailed to pay in advance, a pre paid card can be obtained from a bank, a prepaid visa can be purchased a friend or family member can use a card and your husband reimburse that person....

Your husband;s employer will have a record.

Ify Princess Ikeakanam
Ify Princess Ikeakanam
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Hi, the form I-864 requires the evidence of most recent tax (2019) which you appear to have. On the page asking for tax income, it says you are not required to provide the transcript for the other years(2017,2018) but just state the total income.

Contact me if you need help with this. Adjustment of status and consulate process are a major part of my practice. Remember that this is not legal advice.

Cheers!

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