Do I have to file 2024 taxes before spouse's interview in April?

[Jahra 0]

My wife (beneficiary) will have interview in April. I am the sponsor for her and we uploaded I864 to NVC before.

Do I have to file my 2024 taxes before interview?

I sent her my previous tax return transcripts and W2 for 2024. 

 

I just can't file my taxes until next month because I'm waiting for a financial document, but I don't want to cause a problem for the interview.

 

Anyone can advise?

[Crazy Cat 42,425]

I would file 2024 taxes, then email your spouse a copy of the complete 1040 package and supporting documents such as W-2s and 1099s.  That could prevent a delay in your case. 

[Jahra 0]

5 hours ago, Crazy Cat said:

I would file 2024 taxes, then email your spouse a copy of the complete 1040 package and supporting documents such as W-2s and 1099s.  That could prevent a delay in your case. 

Thank you, is filing for 2024 mandatory for an interview that will happen in April 4, 2025? 

 

Are we definetly going to have issues if I can't file?

This is what they put on the checklist email - it says most recent but technically it is okay to file taxes for 2024 until April 15th.

• IRS Transcript and/or 1040 Tax Return Form and W2 Form for the most recent year from your petitioner and any co-sponsor, if any. If you have a co-sponsor, please include their US passport copy green card copy.

[OldUser 7,732]

3 minutes ago, Jahra said:

Thank you, is filing for 2024 mandatory for an interview that will happen in April 4, 2025? 

No. But IO may ask for 2024 taxes considering how close the interview is to April 15 deadline.

Edited Saturday at 06:43 PM by OldUser

[carmel34 3,657]

8 hours ago, Jahra said:

I just can't file my taxes until next month because I'm waiting for a financial document

Most financial documents, like 1099s, should be sent by January 31, so you should be getting it soon or be able to download it.

[S2N 13]

OP — file form 4868 to request the automatic extension and either email a PDF of the confirmation email or email a scan of the paper form you mail in. You can do it yourself using any of the tax prep softwares assuming your wife has an ITIN or you’re married filing separately. In that case the IRS will email you a receipt notice.

 

If you’re filing jointly and she doesn’t have an ITIN you can paper file the extension request, but you don’t get a receipt. In that case just scan a copy of it  and send to the IRS via certified mail so you have proof of mailing and scan the proof of mailing to your wife.

 

Both of those will show you’re in compliance with the Internal Revenue Code and also why taxes aren’t filed yet in April. Actually filing would be better, but documentation that you’re telling the IRS that you legally might not  file by 4/15 should help if the returns are requested.

You can still file by 4/15 even if you request the automatic extension.

 

6 hours ago, carmel34 said:

Most financial documents, like 1099s, should be sent by January 31, so you should be getting it soon or be able to download it.

1099s have a 2/15 deadline and are frequently screwed up by the issuer, and K-1s get sent out late March. In theory everyone should have everything they need in order to file by 4/15, but people with complex tax situations usually don’t, which is why the automatic extension exists.

Edited Sunday at 04:26 AM by S2N

[Joyoussinger 1,427]

12 hours ago, carmel34 said:

Most financial documents, like 1099s, should be sent by January 31, so you should be getting it soon or be able to download it.

Financial institutions have a later deadline than everyone else. My 1099Bs aren't usually available until the middle of February  and they often come with a notification that it's just a preliminary 1099, and will probably need corrections. The corrected one sometimes comes in March. My husband's interview was in April, too. I sent him copies of the tax return to take to the interview.

Edited Sunday at 09:42 AM by Joyoussinger
clarification