I-134 question - re: 2012 return on extension so unavailable

[Love's JAA 100]

Does anyone know if it will be a problem that I don't have a 2012 tax return to submit with I-134. The problem is, is that I am a partner in an accounting firm, which typically doesn't complete it's return until September. My fiancee's interview will most likely be before then. Since the partnership gives me a schedule K-1 showing my share of income, which is produced with the partnership return, I can't finish my individual tax return until the firm return is done. So would it be ok, if I give the prior years returns only with an explanation and a copy of my extension. I don't know what else to do if it's not yet done.

Thanks for any input.

[batallion9 50]

Sounds like you are on track. Might I reccomend to get your explanation of extension notarised.

[skiptex 225]

so you did not submit tax form by April 15th?

do you have copies of previous?

check stubs.. ??

letter of employment.. ?

[Dave&Roza 748]

so you did not submit tax form by April 15th?

do you have copies of previous?

check stubs.. ??

letter of employment.. ?

That is what an extension is for. You get another 6 months to file your tax return, but you still have to pay the taxes you owe or are getting a refund or incur interest and a penalty if you fail to pay. Some people have tax returns that depend on others filing a return and getting them the information. If they wait until the 15th of April to file then you will not be able to file yours by April 15th and need an extension.

OP: This is the I-134 form not the I-864 form. There is no requirement for tax returns for the I-134 unless you are self employed. You need to prove that you have sufficient income from a job and/or bank account to prevent the beneficiary from becoming a public charge. Most people use tax returns as they are required for the I-864 form and you might as well order tax transcripts from the IRS and use them for both forms. The most important evidence you can supply is a letter from your employer and copies of paystubs. Then a letter from your bank stating date opened, deposits for the past year and current balance (these are A and B under evidence to submit in the instructions). I would not worry about the lack of a tax return now.

Good luck,

Dave

Edited May 7, 2013 by Dave&Roza

[Love's JAA 100]

That is what an extension is for. You get another 6 months to file your tax return, but you still have to pay the taxes you owe or are getting a refund or incur interest and a penalty if you fail to pay. Some people have tax returns that depend on others filing a return and getting them the information. If they wait until the 15th of April to file then you will not be able to file yours by April 15th and need an extension.

OP: This is the I-134 form not the I-864 form. There is no requirement for tax returns for the I-134 unless you are self employed. You need to prove that you have sufficient income from a job and/or bank account to prevent the beneficiary from becoming a public charge. Most people use tax returns as they are required for the I-864 form and you might as well order tax transcripts from the IRS and use them for both forms. The most important evidence you can supply is a letter from your employer and copies of paystubs. Then a letter from your bank stating date opened, deposits for the past year and current balance (these are A and B under evidence to submit in the instructions). I would not worry about the lack of a tax return now.

Good luck,

Dave

I assumed that being a partner in a partnership is the equivalent of being self-employed since I pay self-employment tax with my income tax return and make estimated payments just the same as a schedule C filer. That's why I figure I need the tax return. I do have the transcripts for the previous three years. (2009, 2010, 2011).

A letter from the employer would be a letter from another partner in the firm. You think that's ok? Also, I will get copies of checks paid, but even that, it's a draw check and those come on an irregular basis, as in when the firm gets paid by a client.

The other thing I'm worried about is that because the firm withholds income to pay my health insurance (over $6K per year) and retirement contribution (which is 20% of my gross income), my net checks relative to my reported income on Schedule K-1 is comparatively small.

Thanks for your response.

Thanks to the others, too.