What Tax year will we need to present bring our son to the US?

[Drumupalittleluv 0]

I married a wonderful Thai woman about a year ago, we had her interview she has her green card and everything is fine as far as her staying here in the US.

I am self employed and did not qualify to bring her here on my own. We needed a joint sponsor and that all worked out fine. (lucky us)

In July 2012 we filed with the USCIS to bring her son here. I made a little more money in 2011 and allot more so far in 2012. Plus she has been working here for 2012 so with all that I am certain we will qualify using 2012 income.

I am wondering, if her sons interview is in March 2013 will they accept the 2012 taxes as our income? Or; is there another form that I may need to fill out, (possibly before the interview), using the 2011 taxes. We are not sure of the 2011 income being enough to qualify. I filed an extension and have not yet filed the 2011 taxes so I am not sure if I would qualify or not. I am sure I would qualify using the 2012 income as reported on our taxes.

Now; my wife's interview was Jan 2011 and they wanted the 2010 taxes for the income. (I had not made enough in 2010 so the joint sponsor came in to save the day)

Any help?

[Anh map 2,098]

I married a wonderful Thai woman about a year ago, we had her interview she has her green card and everything is fine as far as her staying here in the US.

I am self employed and did not qualify to bring her here on my own. We needed a joint sponsor and that all worked out fine. (lucky us)

In July 2012 we filed with the USCIS to bring her son here. I made a little more money in 2011 and allot more so far in 2012. Plus she has been working here for 2012 so with all that I am certain we will qualify using 2012 income.

I am wondering, if her sons interview is in March 2013 will they accept the 2012 taxes as our income? Or; is there another form that I may need to fill out, (possibly before the interview), using the 2011 taxes. We are not sure of the 2011 income being enough to qualify. I filed an extension and have not yet filed the 2011 taxes so I am not sure if I would qualify or not. I am sure I would qualify using the 2012 income as reported on our taxes.

Now; my wife's interview was Jan 2011 and they wanted the 2010 taxes for the income. (I had not made enough in 2010 so the joint sponsor came in to save the day)

Any help?

Most recent year's tax return is needed for a self employed person. Filed an extension? Better get it completed. The extension isn't a way around the I-864 requirement.

Planning to use the 2012 return sounds like a good idea. FWIW, you should be planning now to limit the deductions taken to show the proper amount of income. You could get hit with some surprise taxes otherwise.

[Drumupalittleluv 0]

Anh Map

Thank you, very much for your reply. The extension was in no way any attempt to get around the I-864 requirement. This week is the last week on my extension and I am currently working on those taxes from my 2011 income. And yes; I am "planning now to limit the deductions taken to show the proper amount of income". That is what prompted this question. And, of course, if 2012 will be the year I can use then I don't want to miss out on any 2011 deductions.

Could you elaborate a little?

"Most recent year's tax return is needed for a self employed person."

So then; the date they ask for my most recent tax return would determine which year is my most recent tax return, right? It's possible we may get our next NOA before Jan 2013. Can I simply wait until Jan 2013 and just submit my return early so that the 2012 IS the most recent? Or will they demand the 2011 income?

Edited October 8, 2012 by Drumupalittleluv

[Ning 619]

I married a wonderful Thai woman about a year ago, we had her interview she has her green card and everything is fine as far as her staying here in the US.

I am self employed and did not qualify to bring her here on my own. We needed a joint sponsor and that all worked out fine. (lucky us)

In July 2012 we filed with the USCIS to bring her son here. I made a little more money in 2011 and allot more so far in 2012. Plus she has been working here for 2012 so with all that I am certain we will qualify using 2012 income.

I am wondering, if her sons interview is in March 2013 will they accept the 2012 taxes as our income? Or; is there another form that I may need to fill out, (possibly before the interview), using the 2011 taxes. We are not sure of the 2011 income being enough to qualify. I filed an extension and have not yet filed the 2011 taxes so I am not sure if I would qualify or not. I am sure I would qualify using the 2012 income as reported on our taxes.

Now; my wife's interview was Jan 2011 and they wanted the 2010 taxes for the income. (I had not made enough in 2010 so the joint sponsor came in to save the day)

Any help?

You dont mention the childs age nor acknowledge the need to satisfy the embassy requirements for granting a visa to a child. I hope you are aware of what has to be done and do it in time to allow the interview to be done.

[Drumupalittleluv 0]

You dont mention the childs age nor acknowledge the need to satisfy the embassy requirements for granting a visa to a child. I hope you are aware of what has to be done and do it in time to allow the interview to be done.

Thank you Ning, you've been so helpful in that past and are a true credit to this website.

To be honest; My wife is the one who has those concerns under control. She knows the procedures and requirements much better than I, and she has completed all that work. She did all the paperwork that got her here. She put together the package to the USCIS that we sent in July to apply for her son to come here.

However; She does not know the answers to the questions I am asking, hence my return to this wonderful and informative site.

I can tell you that he is 10 years old. Does that help in answering the question of which tax year will be required?

[Ning 619]

Thank you Ning, you've been so helpful in that past and are a true credit to this website.

To be honest; My wife is the one who has those concerns under control. She knows the procedures and requirements much better than I, and she has completed all that work. She did all the paperwork that got her here. She put together the package to the USCIS that we sent in July to apply for her son to come here.

However; She does not know the answers to the questions I am asking, hence my return to this wonderful and informative site.

I can tell you that he is 10 years old. Does that help in answering the question of which tax year will be required?

I think Anh Map gave you the answer about the tax returns. Just send them a transcript of the most recent year you filed. Your taxes need to be in order as you probably know. If you fall into the coming tax year you could still use 2012. The childs age doesnt matter when it comes to the taxes. They are simply used to determine your income and see that you dont owe back taxes.

Your wife has done a good job in dealing with her own visa requirements. I just hope she knows what the embassy requires when it comes to the child. Everything is the same except for the permission from the biological father that is required. This is done by submitting a letter in Thai and English that is signed by the father or in some cases by submitting a court order from a Thai court. In a few cases I helped with the embassy insisted the father be interviewed as well as the child.

I bring up this info in hopes that whatever needs to be done has been done or if not action will be taken in these matters. If this info isnt known it can cause many problems at a bad time in the course of planning events.

[Drumupalittleluv 0]

I think Anh Map gave you the answer about the tax returns. Just send them a transcript of the most recent year you filed.

Well he did help a little but I am still confused about this part which has yet to be addressed:

Anh Map said "Most recent year's tax return is needed for a self employed person." And I understand that. However; that's not the real question I had asked.

So then; the date on which they ask for my tax return, is the determining factor of which year is most recent, right? In other words; if they ask this December (2012) then; 2011 would be the most recent tax return. Can we slow things down so that the 2012 would become the most recent?

So; if they were to ask in Dec 2012, could I simply wait until Jan 2013 to respond? I would submit my tax return early in January so that the 2012 becomes the most recent. Or; will they still demand the 2011 income even if we wait until after I've filed the 2012?

I want to wait until Jan 2013 to respond (after I've filed the 2012 tax return), so that the 2012 return would be the most current.

Can I do that?

I am trying to avoid the 2011 taxes because that might not qualify. I know for certain that the 2012 income will qualify.

If I know that they will still demand 2011 taxes then I might need to omit some deductions and pay a little more for the 2011 taxes. However; If I know that I can use the 2012 taxes, then I can correctly take all of my 2011 deductions and not be forced to pay more than I truly owe.

I am not behind on any taxes and that is not a concern. My taxes are in order to date.

[Ning 619]

Well he did help a little but I am still confused about this part which has yet to be addressed:

Anh Map said "Most recent year's tax return is needed for a self employed person." And I understand that. However; that's not the real question I had asked.

So then; the date on which they ask for my tax return, is the determining factor of which year is most recent, right? In other words; if they ask this December (2012) then; 2011 would be the most recent tax return. Can we slow things down so that the 2012 would become the most recent?

So; if they were to ask in Dec 2012, could I simply wait until Jan 2013 to respond? I would submit my tax return early in January so that the 2012 becomes the most recent. Or; will they still demand the 2011 income even if we wait until after I've filed the 2012?

I want to wait until Jan 2013 to respond (after I've filed the 2012 tax return), so that the 2012 return would be the most current.

Can I do that?

I am trying to avoid the 2011 taxes because that might not qualify. I know for certain that the 2012 income will qualify.

If I know that they will still demand 2011 taxes then I might need to omit some deductions and pay a little more for the 2011 taxes. However; If I know that I can use the 2012 taxes, then I can correctly take all of my 2011 deductions and not be forced to pay more than I truly owe.

I am not behind on any taxes and that is not a concern. My taxes are in order to date.

Yes I think that would be allowed with no problem. The most recent income matters most so you should be fine by doing what you say.