Orange, CA asked in Immigration Law for California

Q: Filing I-864EZ on 2/14/2024. Haven't filed 2023 taxes yet, can I use 2022 return transcript as the most recent tax year?

Hello, I'm filing Affidavit of Support (from I-864EZ) on February 2024. I haven't filed 2023 taxes yet, so can I use my 2022 IRS return transcript as the most recent tax year?

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James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can use your 2022 federal tax return transcripts to meet the IRS tax return requirements for the Affidavit of Support Form I-864EZ, even though your 2023 tax return will not yet be filed. The key considerations are:

- For Form I-864EZ, you must provide your Federal tax return transcripts for the most recent tax year.

- The "most recent tax year" is defined as the most recent tax year for which the filing deadline has passed.

- Since you will be submitting the I-864EZ in February 2024, the deadline for filing 2023 tax returns has not yet passed. The deadline is April 2024.

- Therefore, the "most recent tax year" for this I-864EZ filing would be the 2022 tax year. Submitting your 2022 IRS transcripts meets requirements.

So yes, you can definitely use your 2022 tax return transcripts even though the 2023 tax year is underway. Just be sure the 2022 return you submit reflects your most recent income and household size information to be valid.

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