Are tax returns needed to file an I-130?

You won’t necessarily need to include copies of your tax returns when you file your I-130 petition. In some types of family based immigration cases, the I-130 petition is filed first and is not submitted with an I-485 application for a green card or an affidavit of support. You then need to wait for a visa number to become available before you can move on in the process.

When a visa number does become available, you’ll need to submit an affidavit of support as part of the next steps in the immigration process. The affidavit of support requires that you include a copy of your most recent federal tax return, including all schedules and W2 forms that were part of the tax return.

In other types of immigration cases, such as when an immigrant visa number is immediately available, you may be able to file the I-130 petition along with the I-485 adjustment of status application and the affidavit of support. This means that you will need to include a copy of your most recent tax return in the same package as your I-130 petition. Although the I-130 does not require the tax return, the affidavit of support does and therefore the tax return will be submitted in the same package as the I-130.

If you aren’t sure what forms and documents you should submit with your I-130, you should check with an immigration lawyer before you submit any forms to the government.

About Kimberley Schaefer

Kimberley Schaefer is an immigration lawyer with offices in Boise, ID and Rexburg, Idaho. She helps future Americans become citizens by assisting them with immigrant visas, fiance visas, adjustment of status and green card applications, applying for immigration waivers, fighting deportation and applying for asylum. To contact her, you can call (208) 918-0852 or send Kimberley an email now.

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