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i 864, Amended tax returns and tax transcript

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  • i 864, Amended tax returns and tax transcript

    Hi everyone,
    Having some anxiety about how long my process will take.
    Working through the 864, I noticed I should have filed taxes for the past years while living abroad and they weren't filed. I had them prepared and sent them in this week. According to the 864 instructions:

    "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864."

    Ideally, I'd love it if anyone would recommend that I can just send in a copy of my adjusted taxes to USCIS!
    According to the IRS site, it will take up to 3 weeks to note my return has been received, and 16 weeks to process the amended return, at which point it will take 5-10 to get a transcript by mail (though the online request may be faster).

    My worry is that we're trying to apply to adjust my wife's status, and as she's on a tourist visa, the length of her stay is just two more months before she would need to leave the country. Is it possible to note that these amendments to my taxes have been filed and, possibly, just print the current tax transcript? Should I submit the forms to adjust status and have the USCIS give me an ROI about the tax transcripts? Am I not seeing another possibility?

    Thank you for allaying / confirming my worries here, any help or guidance is much appreciated!

    Sincerely,
    Sean

  • #2
    Originally posted by Sean.M View Post
    Hi everyone,
    Having some anxiety about how long my process will take.
    Working through the 864, I noticed I should have filed taxes for the past years while living abroad and they weren't filed. I had them prepared and sent them in this week. According to the 864 instructions:

    "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864."

    Ideally, I'd love it if anyone would recommend that I can just send in a copy of my adjusted taxes to USCIS!
    According to the IRS site, it will take up to 3 weeks to note my return has been received, and 16 weeks to process the amended return, at which point it will take 5-10 to get a transcript by mail (though the online request may be faster).

    My worry is that we're trying to apply to adjust my wife's status, and as she's on a tourist visa, the length of her stay is just two more months before she would need to leave the country. Is it possible to note that these amendments to my taxes have been filed and, possibly, just print the current tax transcript? Should I submit the forms to adjust status and have the USCIS give me an ROI about the tax transcripts? Am I not seeing another possibility?

    Thank you for allaying / confirming my worries here, any help or guidance is much appreciated!

    Sincerely,
    Sean

    I think it will best to file with what you have (current tax transcript) with an explanation letter attach to I-864. That way you get the ball rolling and will receive RFE. As long as you fill out the forms correctly and attach the correct fee they will accept it.

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