Filing Deadlines versus I-864

[Sand1818 3]

Hello everyone,

This has been a super useful site as I navigate moving back the US with my UK citizen husband.

This is a tax related question.

I've lived abroad for over four years now and I've always submitted my taxes based on my world wide income. The deadline for people who live outside of the US is extended by two months automatically and six total with approval. I've always extended my returns.

Can I extend my returns and use last year's return for an i-864 that is filed after April 15th?

I am worried about domicile and proving my income will continue when we move (which it will with the same company) so we are going to have a joint sponsor as a back up. They also extend their tax filing due to self-employment, so will not have filed for 2016 by the time we submit.

Any advice would be welcome!

Thank you!

[Anh map 2,098]

The joint sponsor may be an issue without the 2015 return as that is the key (most recent year's tax return) for a self employed person. IRS procedures don't trump the USCIS requirements.

London tends to be "easier" for the affidavit of support but even they have limits. Be prepared for the 2016 return to be requested. Plan for another person as joint sponsor.

Edited April 2, 2016 by Anh map

[NikLR 13,227]

You can submit an extension at interview. However, it's up to the CO to accept it or not. Get a letter from the HR department, preferably the one in the USA, that says your employment will continue and at what $$.

Self employed sponsors can only use tax returns as proof of their ongoing income so it's more important that your joint sponsor have filed their return if that's your issue.

[Jack2107 46]

You can send in the copy of the extension but at London embassy they request that if you did file a tax extension you must bring the current tax year transcript to the interview.

So for you they will need the 2016 taxes at the time of your husbands interview otherwise they will not approve the petition.

Anyone can get a tax extension but a tax extension doesn't show the CO how much you have earned within the past 12 months.

[Sand1818 3]

You can send in the copy of the extension but at London embassy they request that if you did file a tax extension you must bring the current tax year transcript to the interview.

So for you they will need the 2016 taxes at the time of your husbands interview otherwise they will not approve the petition.

Anyone can get a tax extension but a tax extension doesn't show the CO how much you have earned within the past 12 months.

Hi Jack2107 - Thank you for your comment but I am a bit confused by what you've written. If you've filled an extension there wouldn't be current year tax transcripts? Do you mean that they do not accept extensions, and that you must file regardless?

Wouldn't a W2 show how much income you've earned in the last year, just as much as a filled tax return? For me a W2 shows the income more than the tax return anyway, due to the earned income exclusion.

[Jack2107 46]

Lol sorry sometimes I just type and don't read what I'm typing.

I'm guessing your doing DCF Right?

Well if you are then you take the affidavit of support to the interview I believe. At the time of the interview they will need to see IRS tax transcript from you and your co sponsor. They will need to see what your co sponsor earns and what you earn too as they need to feel comfortable that your husband won't be a public charge.

Now if you go back to the USA and your husband waits in the uk and you go down the cr1 path, you can submit the tax extension to the NVC but at the time of your husbands interview he will need to provide the current tax years taxes too.

So either way at the time of the interview you will need to provide IRS tax transcripts. At a min I would definitely say the co sponsor would 100% need to provide one and possibly you could just provide a letter from the company you work for along with w2 and some pay stubs.

Oh... To add the w2 does show yearly earnings but it doesn't show if you have any dependants. The CO will want to check this.

Does this post make anymore sense?

Edited April 3, 2016 by Jack2107

[Anh map 2,098]

Self employed persons don't always get W2's. And that does not represent their taxable income.

[NikLR 13,227]

~~moved to DCF from taxes and finances. Topic is about the I-864 not about how to do taxes or finances~~

[Jack2107 46]

Self employed persons don't always get W2's. And that does not represent their taxable income.

This is true. But I was referring to the main sponsor as the co sponsor would have to submit the IRS tax transcript. They can't just take your word for it that they are earning enough to meet the requirements.

[gradtaai 8]

It may have been a special case, but I read on this forum where someone was asked for his 2015 tax return even before the April 15th deadline. He maybe had all his W-2s and 1099s already so he just filled out a 1040 and sent that even though he hadn't filed it yet. Can you even get transcripts for this 2015 yet?

[Nich-Nick 3,354]

Hi Jack2107 - Thank you for your comment but I am a bit confused by what you've written. If you've filled an extension there wouldn't be current year tax transcripts? Do you mean that they do not accept extensions, and that you must file regardless?

Wouldn't a W2 show how much income you've earned in the last year, just as much as a filled tax return? For me a W2 shows the income more than the tax return anyway, due to the earned income exclusion.

The requirement for an I-864 is the latest tax return (or transcript) from each and every person filling out an I-864. That's main sponsor or joint sponsor. That's even if you have zero income. No tax return-no visa.

The W2 is not a tax return. It will not work by itself. Acceptable is one of the two listed:

A) A complete tax return which means the form 1040, plus any additional forms or schedules that are part of your return, plus any W2s or 1099s you may have received that show earnings. ...OR...

B) A tax transcript and nothing else with it.

Your latest tax return is supposed to be the latest as of the date the I-864 was signed. So sign it as of March-something and 2014 is the latest. New tax year returns (2015) are not required unless the I-864 is signed after April 18, 2016 because that is the filing deadline this year. Keep in mind that an interviewing officer could ask for 2015 but he is not supposed to unless he suspects something has changed and the income may no longer be sufficient at interview time. If the officer wants a new one, they will hold your visa process until you file, or you joint sponsor files.

Just do it!

A note on several replies: The 2016 tax return is not due until a year from now. We do not finish 2016 tax year until Dec.31. Then we have four and a half months to prepare the 2016 return.

[Sand1818 3]

Lol sorry sometimes I just type and don't read what I'm typing.

I'm guessing your doing DCF Right?

Well if you are then you take the affidavit of support to the interview I believe. At the time of the interview they will need to see IRS tax transcript from you and your co sponsor. They will need to see what your co sponsor earns and what you earn too as they need to feel comfortable that your husband won't be a public charge.

Now if you go back to the USA and your husband waits in the uk and you go down the cr1 path, you can submit the tax extension to the NVC but at the time of your husbands interview he will need to provide the current tax years taxes too.

So either way at the time of the interview you will need to provide IRS tax transcripts. At a min I would definitely say the co sponsor would 100% need to provide one and possibly you could just provide a letter from the company you work for along with w2 and some pay stubs.

Oh... To add the w2 does show yearly earnings but it doesn't show if you have any dependants. The CO will want to check this.

Does this post make anymore sense?

Hi Jack - Yes, it does make more sense, thank you. We are doing DCF, I am having trouble getting my timeline/profile to represent that correctly (but thats another issue!)

I will file mine "early" this year. I am putting together a lot of paperwork to prove I've kept domicile/have taken steps to return and my income is above the threshold and will continue uninterrupted with the same company (I am getting a letter from my company to that affect as well). So I am hoping they will just take my I-864 and that the joint sponsor will be an unneeded back up in the end. My parents are both an option for joint sponsor and only one is self-employed, so we will just use the one that gets a W2, as both individual incomes are above the threshold.

It may have been a special case, but I read on this forum where someone was asked for his 2015 tax return even before the April 15th deadline. He maybe had all his W-2s and 1099s already so he just filled out a 1040 and sent that even though he hadn't filed it yet. Can you even get transcripts for this 2015 yet?

I would believe anything, it doesn't seem like tax law is at all connected to what they ask for!

I am unsure about being able to get transcripts yet.

The requirement for an I-864 is the latest tax return (or transcript) from each and every person filling out an I-864. That's main sponsor or joint sponsor. That's even if you have zero income. No tax return-no visa.

The W2 is not a tax return. It will not work by itself. Acceptable is one of the two listed:

A) A complete tax return which means the form 1040, plus any additional forms or schedules that are part of your return, plus any W2s or 1099s you may have received that show earnings. ...OR...

B) A tax transcript and nothing else with it.

Your latest tax return is supposed to be the latest as of the date the I-864 was signed. So sign it as of March-something and 2014 is the latest. New tax year returns (2015) are not required unless the I-864 is signed after April 18, 2016 because that is the filing deadline this year. Keep in mind that an interviewing officer could ask for 2015 but he is not supposed to unless he suspects something has changed and the income may no longer be sufficient at interview time. If the officer wants a new one, they will hold your visa process until you file, or you joint sponsor files.

Just do it!

A note on several replies: The 2016 tax return is not due until a year from now. We do not finish 2016 tax year until Dec.31. Then we have four and a half months to prepare the 2016 return.

Thank you! Our interview is likely not going to be until June, so I don't think they would go for an I-864 that was dated prior to April 18th.

Thank you for the 2015/2016 note - I am a CPA and still typed it incorrectly in my original post. :-)

[Nich-Nick 3,354]

The best plan for you is get your 2015 done prior to interview if it's not until June. I thought you were concerned about April 19 or 20. Provide something from the employer that says your job continues in the US and the salary you will make per year. Then you don't need to worry about the joint sponsor. Your continuing income will be acceptable. It will also show your intent to reestablish domicile.

[Sand1818 3]

The best plan for you is get your 2015 done prior to interview if it's not until June. I thought you were concerned about April 19 or 20. Provide something from the employer that says your job continues in the US and the salary you will make per year. Then you don't need to worry about the joint sponsor. Your continuing income will be acceptable. It will also show your intent to reestablish domicile.

Thank you for the advice. Previously on here, someone else told me it would be nearly impossible for me to be the sponsor because of me using the Foreign Earned Income Exclusion, even though my job will continue at a rate well above the minimum. I guess the trouble is there is no way to be 100% certain how they will look at my case.

[Nich-Nick 3,354]

Thank you for the advice. Previously on here, someone else told me it would be nearly impossible for me to be the sponsor because of me using the Foreign Earned Income Exclusion, even though my job will continue at a rate well above the minimum. I guess the trouble is there is no way to be 100% certain how they will look at my case.

Well sometimes you have to look at the experience of the person responding and not believe every reply. Click the profile and see how many +1s have been given to that person's answers.

The tax return will not show sufficient income on Total Income. But if you read the I-864 instructions, you know you can provide additional documentation like employer letters. So total income on the tax return (Line 22) is not your sole qualifier when you provide additional information. By clearly providing documentation that your income will continue from the same source when you move to the U.S. should be accepted. The promise of a new job with a different company in the future might not be. Try to instruct the HR department of essential phrases that will be important.

...role and how long employed

...will continue when you transfer to US

.. Yearly salary