Legal Question in Immigration Law in Georgia

We're trying to determine if we'll be able to file family based AOS by the end of the month as a tax return question arose for i-864 form.

My petitioner will need to file a late tax return for 2010 in order to file i-864. The form instructions as I see suggest that in case late tax filing is needed, we need to send an IRS generated tax return transcript documenting the late filing. Such transcript takes quite a bit of time to obtain as we need to wait for the IRS to process the return.

Would it be acceptable to attach a letter from a CPA stating that the return was filed as evidence with copy of the filed return instead?


Asked on 9/05/13, 10:34 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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The I-864 only requires that the most recent tax return be submitted. Submitting 3 years of tax returns is voluntary, unless you receive a Request For Evidence stating otherwise. If that happens, other evidence could arguably be submitted in its place, if necessary.

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Answered on 9/05/13, 1:08 pm

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