How many years' federal tax info to supply along with a Form I-864, and how to get IRS tax transcripts.
Updated 10/04/2024
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If you are sponsoring family members for green cards in the United States (for "lawful permanent residence), you will most likely have to prepare an Affidavit of Support on their behalf. This is normally done using Form I-864, issued by U.S. Citizenship and Immigration Services (USCIS). In reading the USCIS instructions, you might notice you have several options for providing the necessary federal tax information, such as submitting one, two, or three years' returns and submitting them either in the form of a copy of what you sent to the IRS or requesting and sending an IRS tax transcript. Which option is best? Does it matter? That's what this article will address, including:
- whether one year's worth of tax returns is sufficient, and
- whether it's better to send copies of 1040s or tax transcripts.
Given that questions and concerns about the U.S. sponsor's financial capacity are a common reason for the U.S. government to deny someone an immigrant visa or green card, it's worth getting this right. After all, the underlying concern is taken quite seriously by the U.S. government: that the immigrant will neither be self-supporting nor receive family support, and therefore will have to rely on government assistance (sometimes called welfare). Such a person is referred to as a "public charge," and a would-be immigrant who is viewed as a likely public charge is inadmissible to the United States.
How Many Years' Proof of Tax Filing to Give U.S. Immigration Authorities
Although the U.S. petitioner of an immigrant does have options in the case of supplying financial documentation with the USCIS Form I-864 that must be filled out, some options might be more convincing than others.
USCIS gives U.S. sponsors the choice of submitting only one year's tax information or submitting up to three years' worth. You will want to make a strategic decision here, based on your income history over the last three years.
If, for example, you have been promoted at your job for the last three years, so that your current year's income is higher than the previous two years', there is no reason to submit anything more than the most recent year's tax returns. Those show you in a positive light, and there's no need to muddy the waters by putting the previous year's information in front of U.S. officials.
If, by contrast, you've just had a difficult year; perhaps you were out of work due to an illness or furlough; but the previous two years' tax returns show a more "normal" (and higher) income stream for you, it would be wise to submit those as well.
In What Format You Should Supply Proof of Tax Filing to U.S. Immigration Authorities
As to the format for submitting the required information with Form I-864, copies of your own tax returns are acceptable, but U.S. immigration officials know that it wouldn't take much for someone to forge these. Therefore, they prefer to receive actual tax transcripts, which are generated by the IRS and show detailed information of your federal tax filings.
There's also a practical reason to prefer submitting IRS tax transcripts: they conveniently show all the information in one place. If you choose to instead file copies of your tax returns, you will additionally need to include copies of your W-2s (from your employer), any 1099s, and any other schedules you filed.
The IRS offers a free online portal at which you can download and print your tax transcript immediately, or choose to have it sent by mail (the slower option). Go to its Get Transcript page. You'll need to choose which type of transcript you'd like. Opt for the "Record of Account Transcript" if you've filed any amendments to your taxes. The "Tax Return Transcript" will do if you haven't.
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