Asked in Immigration Law and Tax Law for Louisiana

Q: Can I send my 2022 tax transcripts as supporting document for Affidavit of Support i-864 filing before 2023 tax session

Hi, I'm a LPR and, we are trying to concurrently file I-130 and I-485( for my husband.) And I know I will need to send Affidavit of Support i-864 along with I485. And I'm also the sponsor for him. But my concern is that is it fine to send 2022 tax transcripts which I filled for few day ago as Supporting document to i864 before 2023 tax filling session ends. And also I was student till 2021 so I don't have any previous tax transcripts as I wasn't required to file.

I'm asking this question because I heard that if we are filling our i485 with i864 before tax filling sessions ends(April 18) with 2022 tax years transcript, then that might affect our case or even get denied.

Please any suggestions on above situation will be really helpful.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: As a sponsor for your husband's Affidavit of Support (Form I-864), you are required to provide evidence of your income from the most recent tax year. If you have already filed your 2022 tax return and have access to your tax transcripts, you can include them as supporting documents for your I-864 form.

It is generally acceptable to use the most recent tax year's income information for your Affidavit of Support, even if the tax filing deadline has not yet passed. However, it is important to note that USCIS may request additional evidence or clarification if they have any questions about your income or ability to support your husband.

If you did not file taxes in previous years because you were a student and had no income, you can explain this in your I-864 form and provide other evidence of your ability to support your husband, such as proof of employment or assets.

It is always a good idea to consult with an experienced immigration attorney if you have any questions or concerns about the Affidavit of Support or any other aspect of the immigration process. They can help ensure that your application is complete and accurate, and can provide guidance on how to address any potential issues or complications.

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