Clare37

I am in the process of filing for adjustment of status and plan to send the forms in at the end of this week. My husband (American) is currently filling out the affidavit of support (I-864) on my behalf (UK citizen). We are using my income (I'm an H1B visa employee) for the petition since my husband is currently unemployed. However I am not sure whether he still needs to provide information on his tax returns? We have been waiting for his tax returns for over a month now - he has applied to the IRS for these twice but he has not received them. Can we send in the adjustment of status application without the tax returns? I am anxious to get the adjustment of status going as soon as possible as I am in difficult work situation.

I would be grateful for any advice on this issue. Thanks in advance.

Noorah101

Hi Claire,

Yes, he needs to include the most recent tax return he has. All he needs to send is a photocopy of the return. I assume he filed 2007 taxes by April 15th of this year? Just photocopy that tax return and send it along with the I-864. You don't need anything fancy from IRS, just a plain photocopy of the return which he sent to IRS is enough.

Make sure you include a letter from your employer stating your position, length of time with the company, and current pay rate. Also include a few current pay stubs from your work.

You CAN send in the I-864 without the tax return, but you can then expect to get an RFE for it at some point. Either way, your AOS won't be properly filed until all the documents are correctly submitted, so you can either file now without the tax return or wait and file it with the return. Either way, you remain in status on your H1B visa (as long as you're working for your H1B employer), and won't have a completely filed AOS package until USCIS receives the tax return from you via RFE.

Best Wishes,
Rene

meauxna

I wonder what exactly your husband is requesting from the IRS. He should be able to have a transcript faxed to him while he is on the line with them. When ordering transcripts over the phone, I always got them in the mail within a week.

Clare37

Thanks very much for this info.

Clare37

He mailed in a form as instructed on the IRS site each time. From what he recalls there was no option to have them fax the transcript to him.

Clare37

I've noticed that question 25 (Federal income tax return information) requires a tick for "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only themost recent tax year."

The question also provides spaces to fill in the last 3 tax years with a space for the total income. While my husband can fill in the information for 2007, he doesn't have the figures for 2006 and 2005 at hand.

We will go ahead and fill in the info for 2007 and try and get the info for 2006 and 2005 from the IRS this week. If we can't get hold of the 2 previous years figures this week, we'll go ahead and send in the forms with just the 2007 figure.

Clare37

My husband has been filing in a form provided online and sending the completed form to the IRS. I don't think there is currently a service to fax the transcript. If anyone knows of any other way/ service which provides tax returns within a few days, please let me know. Thanks in advance.

Noorah101

Try calling the 800 number on the IRS website. That's how I got mine. It was all automated, I entered my info and the years of transcripts I needed, and they came in the mail within a week.

I would say go ahead and put in an estimated figure for 2005 and 2006 income. It can always be corrected at your AOS interview if necessary, your husband should know the exact figures by then. I wouldn't leave anything blank.

Rene

Clare37

Thanks for this advice.

meauxna

Just to come back to this, I always called the IRS directly. You can either get them auto-mailed like Rene describes, or get a person on the line and have them faxed.

good luck!

Clare37

Thanks. Because my husband now lives in a different state, they couldn't verify his identity - they think that's the reason for the delay. He has now verified his identity but unfortunately we now have to wait for the transcripts once again!