Help. Ready to submit I864 but had to file for extension on my 2013 taxes

[bradyp1971 1]

I had to file for an extension on my 2013 tax return so I will not be able to send IRS tax transcript for 2013 with my I864. Will it be ok to send my 2013 W2's along with my form I used to file an extension? I will also be sending 2011 and 2012 tax transcripts plus employment letter and 6 months of pay stubs. Your advice is greatly appreciated.

[kenanna 39]

Check out Saylin's Wiki. http://www.visajourney.com/wiki/index.php/NVC_Process

I'm pretty sure you can just send a copy of your return for 2013 along with a W-2

[NikLR 13,227]

Send a copy of the extension and the previous year's tax transcript. See what happens

[pushbrk 12,910]

Check out Saylin's Wiki. http://www.visajourney.com/wiki/index.php/NVC_Process

I'm pretty sure you can just send a copy of your return for 2013 along with a W-2

Of course, he can send a complete copy of the 2013 tax return which would include the W2. BUT....as he said, he "had to file an extension" which would be INSTEAD OF a tax return. So, at the moment there IS NO 2013 tax return.

The answer to the actual question asked is, "You might get by with that". My further reply to the OP though would be to ask, what they mean by "had to". Most folks who file an extension, do so because they or their tax professional were too busy to get the return filed on time. This is bad priority management when involved in an immigration process. If filing yourself, get your return filed. If a professional has delayed you, you should have told them early in the year that your return needed to be filed early or at worst, on time.

If you filed an extension because you don't have the money to PAY the taxes due, my advice is file the return without the check. You're going to be paying any penalties and tax, in the same amounts with or without an extension. Right? Late pay is late pay. Late filing puts you in a bind for your immigration process. What's more important to you right now?

[bradyp1971 1]

The reason I had to file for an extension is because my accountant said I need an ITIN(individual taxpayer identification number) for my wife. According to the IRS it will take at least 8-10 weeks for us to get ITIN after they receive our W-7 form. I really don't want to wait 2-3 months to file my I864.

[kenanna 39]

The reason I had to file for an extension is because my accountant said I need an ITIN(individual taxpayer identification number) for my wife. According to the IRS it will take at least 8-10 weeks for us to get ITIN after they receive our W-7 form. I really don't want to wait 2-3 months to file my I864.

This was not necessary, and I think an error on your accountant's part. All you had to do is have your wife sign the W-7 and turn in with your return. I also included photocopies of my wife's passport and the marriage license. I think the passport is all that's necessary. It was easy and the IRS is pretty fast. They will immediately give an ITIN and then process your return ; )

[pushbrk 12,910]

W7 requirements can be a problem but there are several solutions that allow you to file. I and many others simply filed as single or head of household, if applicable and then amended our returns after our spouses arrived.

With this being the reason for the extension though, I think that along with a written explanation (from your tax preparer, if possible) you are likely to be just fine with the extension and W2.

[NikLR 13,227]

You can file as MFS by printing out the return and writing NRA in the SSN location and mailing the tax return. After your spouse arrives and gets an SSN you can amend it to MFJ if you want.

[imse82 45]

The reason I had to file for an extension is because my accountant said I need an ITIN(individual taxpayer identification number) for my wife. According to the IRS it will take at least 8-10 weeks for us to get ITIN after they receive our W-7 form. I really don't want to wait 2-3 months to file my I864.

You can file return without ITIN all you had to do is send the w7 along with the tax return. Your accountant did the easy and most time consuming way. Now you will need to wait weeks for the ITIN and then wait for the return to be processed. I would say go ahead and paper file your return and write for your spouse SSN "ITIN applied for" or "No SSN".

[kenanna 39]

Under no circumstances would I file "single" regardless of who has done it. You are MARRIED you must file as MARRIED. Telling the auditor "I was going to amend my return"...I wouldn't go there. You're tax preparer gave you bad advice.

[pushbrk 12,910]

Either you neglected to tell your accountant about the priority to have the tax return for your affidavit of support, or you need an accountant that cares more about your needs than your current one.