Joint sponsor filing taxes late

[mmadd636 25]

I am using my father as a joint sponsor for my wife in the AOS process. He has yet to file for 2015 taxes. He has the paperwork done and ready. He is just trying to get around to get it all filed.

My questions are, do I need a tax transcript for 2015 if he is filing late?

Can he just use his 1099s and tax return paperwork instead of the tax transcript as long as he has indeed filed?

Is there a deadline to an NVC checklist if indeed they want a tax transcript?

Does anyone know how long it takes for the IRS to be able to issue a late tax return transcript?

I've read the instructions stating if he files late, he needs to submit a tax transcript but also read that its okay to send just photo copies of complete tax return.

I greatly appreciate any help. This is driving me up the wall.

[afortunada 182]

Yes, you need information about his 2015 tax returns no matter what. If he is filing late, you would need to make a copy of his tax forms and his w-2's, and include a letter why he is filing late. Is he owed a refund? If so, that is good because he is not technically overdue on his taxes.

However, it is always better to include a tax transcript instead if you can. I filed my taxes late this year, too, as I was owed a refund, but I also needed to apply for an ITIN for my husband.

After all was said and done including overnight shipping of my tax forms, had my ITIN approved, my refund was approved, and I received my tax transcript, it took about one month. Maybe your time would be less if you hurry since he does not need to apply for ITIN like me (which slowed the process). Just keep in mind that you can not request a tax transcript until your tax return has been approved.

Hope this helps!

Edited September 2, 2016 by jacklynriquelme

[afortunada 182]

P.S. You need to continuously check your refund status on the Where's My Refund website (https://www.irs.gov/refunds). Once it says "return approved" you can then go to the tax transcript request site (https://www.irs.gov/individuals/get-transcript) and choose "request transcript." If he owns a home and has a cell phone plan in his name, you can get it online immediately. Or, you can request it by mail, and it only takes a week or so.

[mmadd636 25]

P.S. You need to continuously check your refund status on the Where's My Refund website (https://www.irs.gov/refunds). Once it says "return approved" you can then go to the tax transcript request site (https://www.irs.gov/individuals/get-transcript) and choose "request transcript." If he owns a home and has a cell phone plan in his name, you can get it online immediately. Or, you can request it by mail, and it only takes a week or so.

I greatly appreciate your response. So if he files now, and gets approved or accepted, I can request a transcript right after? He owns his own business so no W-2s. He has 1099s. I'm just worried about him filing taxes, and it taking a long time to get a transcript. I've read somewhere it can take a while for late filers.

[afortunada 182]

Yes, you can request a transcript the minute the return is listed as approved on the IRS website

In my experience, it was quite the opposite! They are much less busy now than during peak tax-season, so for me everything moved much more quickly. I have friends that waited several months for an ITIN, while I had my ITIN assigned, tax approved and transcript in hand within 35 days. My return was received on July 25th and I had my transcript in the mail on August 26th.

It took 7 days from the day I made the transcript request until it was in my mailbox.

In my opinion, he should file ASAP. At least you will have copies of everything and can show that he filed. Then, if need be, you can bring the transcript with you to the interview.

[mmadd636 25]

Yes, you can request a transcript the minute the return is listed as approved on the IRS website

In my experience, it was quite the opposite! They are much less busy now than during peak tax-season, so for me everything moved much more quickly. I have friends that waited several months for an ITIN, while I had my ITIN assigned, tax approved and transcript in hand within 35 days. My return was received on July 25th and I had my transcript in the mail on August 26th.

It took 7 days from the day I made the transcript request until it was in my mailbox.

In my opinion, he should file ASAP. At least you will have copies of everything and can show that he filed. Then, if need be, you can bring the transcript with you to the interview.

I'm not sure if he will owe anything or not. He says he will hopefully not owe this year.

Did you file electronically or by mail?

[afortunada 182]

If he owes money, then he would have needed to file an extension letter. If he has his paperwork done and ready like he says, then it should state right at the bottom if he owes or if he is due a refund. Again, if he is due a refund, then he doesn't have to worry about the deadline, so that is good news! You should figure out that portion first. But, either way, if you end up needing to send a copy of the return instead of the transcript, then you MUST write a letter in your packet explaining why taxes were not yet filed or why there is not yet a transcript available.

I did my taxes by mail this year. I was not allowed to file electronically as it was the first year applying for an ITIN for my husband.

[mmadd636 25]

I have not received a case number from NVC yet but this whole situation has made me so worried. I don't want to have to search for a new joint sponsor. I also don't want to add 2+ months on the whole process.

I will get him to file and hopefully our process goes as fast as yours. So stressful.

[mmadd636 25]

You've definitely eased my nerves some though which I thank you a million times for.

[afortunada 182]

I'm glad to help! I was nervous, too. But it all worked out. Just keep plugging away I wish you the best on your journey!

[mmadd636 25]

I'm glad to help! I was nervous, too. But it all worked out. Just keep plugging away I wish you the best on your journey!

Thank you

[Adil & Jeanne 296]

after tax retund is approved, you can walk into any IRS office and get the transcript that day