I-134 Affidavit of Support

[andy28 0]

Hey guys!

I have been getting worried about this paper I received from the consulate in Brazil. The paper outlines the guidelines for the person that files the affidavit and I'm a little confused on the tax return part.

It states: "If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior to the most recent year must be submitted and the extension filed for the last year's income tax."

Well, I have my co-sponsor's last 3 years of tax returns (2002, '03, and '04, but I don't have the return for 2005 because they haven't filed yet). Is it really necessary to have the extension? Can anyone give me some advise on this? Has anybody gone through this in Rio?

Please let me know as our interview date is approaching rapidly and I need to resolve this issue.

Thanks for your help!!

Andy

[diadromous mermaid 36]

Hey guys!

I have been getting worried about this paper I received from the consulate in Brazil. The paper outlines the guidelines for the person that files the affidavit and I'm a little confused on the tax return part.

It states: "If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior to the most recent year must be submitted and the extension filed for the last year's income tax."

Well, I have my co-sponsor's last 3 years of tax returns (2002, '03, and '04, but I don't have the return for 2005 because they haven't filed yet). Is it really necessary to have the extension? Can anyone give me some advise on this? Has anybody gone through this in Rio?

Please let me know as our interview date is approaching rapidly and I need to resolve this issue.

Thanks for your help!!

Andy

2005 is not due until April 15, so there can be no extension form for it. After April 15, 2006 then an extension would be required, according to those instructions. That's the way I read it.

[flipside 0]

I would imagine the 3 years is fine. It appears her interview is in March, and most people don't file until the 15th of April, so obvoiusly you won't need the extension info.

It states "If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior". Does that mean if you already filed your 2005 taxes you don't need the previous 3 years?

[scorpio232 0]

You Wust tell them you have not received your W-2 from work yet... You do have until April 15th to file. And they have no way to know if you received yours.. Not even the IRS knows. So bring your 2002-2004 and tell them you have not got your W-2 from your work. So obviously you can not file an extention or file your 2005. They will accept your 2002-2004 returns and W-2's.

I would imagine the 3 years is fine. It appears her interview is in March, and most people don't file until the 15th of April, so obvoiusly you won't need the extension info.

It states "If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior". Does that mean if you already filed your 2005 taxes you don't need the previous 3 years?

[Peter Miami 0]

Hi Andy,

I am a C.P.A. so I know what I am taking about. First of all the I.R.S. and everybody in the world knows that you already have the W-2 because it is a law that all companies must mail out by January 31, every year that W-2’s. So do not say what “scorpio232”, told you to say.

Now you have until April 15, 2006, to file your tax returns. If your interview is before April 15, 2006, then you take to the interview the tax returns for 2002, 2003 and 2004.

"If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior to the most recent year must be submitted and the extension filed for the last year's income tax”. The reason for this statement is that if it is after April 15, 2006, and you have not file your tax returns it mean in order to comply with the law you would have had to file an “extension”. For example, if your interview is May 1, 2006, and you did not file your tax returns for the year 2005. You would have to take to the interview the tax returns for 2002, 2003, 2004 and the “extension for 2005. I hope you understand if you have any questions feel free to contact me.

If you file the tax return for 2005 then you take the tax returns for 2003, 2004 and 2005!

Regards,

Peter Miami

C.P.A.

Edited February 8, 2006 by Peter Miami

[andy28 0]

Thanks Peter

[ngant17 1]

I would basically agree with the statement about W2 mailings, but IRS doesn't enforce this policy and it will NOT penalize a company if it did not mail out W2 to an employee from previous tax year. Because no one can prove that they didn't mail the W2. Or it might have been mis-sent, stolen, or lost by USPS.

Being required to mail a W2 by 31 Jan and actually receiving it on or after that date are two different

things. IRS will penalize the taxpayer for failure to correctly calculate his/her income for the previous

tax year, especially when it results in overpayment of tax refund due to missing W2.

Repeat: IRS will not penalize employer if W2 was not received by employee. It is up to employee to fill out

income tax properly even if he/she doesn't get a W2 in time to file.

You Wust tell them you have not received your W-2 from work yet... You do have until April 15th to file. And they have no way to know if you received yours.. Not even the IRS knows. So bring your 2002-2004 and tell them you have not got your W-2 from your work. So obviously you can not file an extention or file your 2005. They will accept your 2002-2004 returns and W-2's.

I would imagine the 3 years is fine. It appears her interview is in March, and most people don't file until the 15th of April, so obvoiusly you won't need the extension info.

It states "If the petitioner has not yet filed a federal income tax return for the most recent year, then tax returns from the three years prior". Does that mean if you already filed your 2005 taxes you don't need the previous 3 years?