Extension to file 2008 taxes, and 1-864EZ

[rexalite 0]

My husband got an extension to file his 2008 taxes, and I am wondering if we will need to file them before sending our AOS packet in, or if it would suffice to submit 2007 return, with 2008 extension to file and the 2008 W2. his income is way over what is needed if that makes any difference. It is my job to do his taxes and I've been busy doing immigration paperwork! Anyway to submit the AOS application without the 2008 return?

[Bobby+Umit 161]

You will probably get an RFE since the instructions cleary state to provide the most recent years income. For a 2009 filing, that would be 2008.

[AaronM 0]

My husband got an extension to file his 2008 taxes, and I am wondering if we will need to file them before sending our AOS packet in, or if it would suffice to submit 2007 return, with 2008 extension to file and the 2008 W2. his income is way over what is needed if that makes any difference. It is my job to do his taxes and I've been busy doing immigration paperwork! Anyway to submit the AOS application without the 2008 return?

You should have your 2008 taxes filed in IRS first before you do the i-864 affidavit of Support , so it will show up with your income when you file your taxes ( it will show your filed your taxes this year ). If his income for 2008 is above the federal proverty guidelines , then all he has to show is his income from the last year . If he doesnt meet the federal proverty guidelines for 2008 , he will have to show his income for 2008 2007 2006 , and still if his income for the last 3 years don't meet the requirement . He still needs to have a co-sponsor . When you do the aos , thats when you file the I-864 Affidavit of support . You send both aos and I-864 together