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TO285

CR1 - NVC, i-864 sponsoring a spouse abroad, but filed taxes MFJ (obtained Itin, have to have original paper 1040 now?) How to proceed?

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Posted

I'm very confused after reading the i-864 instructions, specifically this regarding tax transcripts and returns.

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income"

 

Okay.. So I filed my taxes overseas with an IRS agent as MFJ, obtained an ITIN for my wife earlier this year for future tax filings. I have digital copies of the original 1040 before signing it because I filled it out with an online tax software and then printed and signed it. BUT I do not have the original with signatures, dates from us and the acceptance agent.

 

I'm trying to sponsor my spouse entirely on my own earnings, and my spouse had earnings of $0 last year. I have no issues providing my W2s and my 1099s, but I'm highly concerned that the NVC won't accept the unsigned 1040.

 

Is this a situation where I would have to file form 4506 to retrieve a copy of the original (and wait 2+ months more to submit things..)?

Posted

How did you get your wife’s ITIN? I’m looking to get on for my husband who is in Cuba. However everything I read states I need to send in his passport… I can’t do that as we are waiting for his visa approval and his passport is with him in Cuba..

Posted
10 hours ago, TO285 said:

I'm very confused after reading the i-864 instructions, specifically this regarding tax transcripts and returns.

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income"

 

Okay.. So I filed my taxes overseas with an IRS agent as MFJ, obtained an ITIN for my wife earlier this year for future tax filings. I have digital copies of the original 1040 before signing it because I filled it out with an online tax software and then printed and signed it. BUT I do not have the original with signatures, dates from us and the acceptance agent.

 

I'm trying to sponsor my spouse entirely on my own earnings, and my spouse had earnings of $0 last year. I have no issues providing my W2s and my 1099s, but I'm highly concerned that the NVC won't accept the unsigned 1040.

 

Is this a situation where I would have to file form 4506 to retrieve a copy of the original (and wait 2+ months more to submit things..)?

 

Stop being highly concerned.

 

 

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Posted
18 hours ago, TO285 said:

I'm very confused after reading the i-864 instructions, specifically this regarding tax transcripts and returns.

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income"

 

Okay.. So I filed my taxes overseas with an IRS agent as MFJ, obtained an ITIN for my wife earlier this year for future tax filings. I have digital copies of the original 1040 before signing it because I filled it out with an online tax software and then printed and signed it. BUT I do not have the original with signatures, dates from us and the acceptance agent.

 

I'm trying to sponsor my spouse entirely on my own earnings, and my spouse had earnings of $0 last year. I have no issues providing my W2s and my 1099s, but I'm highly concerned that the NVC won't accept the unsigned 1040.

 

Is this a situation where I would have to file form 4506 to retrieve a copy of the original (and wait 2+ months more to submit things..)?

You are supplying a complete copy of your tax return as instructed.  I assure you, the instructions mention nothing at all about it being signed.  YOU, will sign the I-864 under penalty of perjury, and you will supply a current pay stub to document your own current income, which DOES NOT come from any tax return, unless you are self employed.  This is a non-issue.

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Posted
2 hours ago, pushbrk said:

You are supplying a complete copy of your tax return as instructed.  I assure you, the instructions mention nothing at all about it being signed.  YOU, will sign the I-864 under penalty of perjury, and you will supply a current pay stub to document your own current income, which DOES NOT come from any tax return, unless you are self employed.  This is a non-issue.

Thank you for the information and response, I'll keep it in mind as I move forward with this. I was just very worried when I realized that it could be an issue.

 
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