PD & AS

What is you need the 2021 return in order to get the EAD.  I got a request for evidence saying my i864 wasn't valid without the 2021 return.  I thought sending in my tax extension notice would have been accepted, but not the case...

On 2/23/2021 at 4:48 PM, E_pluribus_unum said:

FYI, you do not have to file an extension if you are going to receive a refund. The extension would be if you owe money. 

 

I am in the same boat and did some research previously. I have found a few options:

1) File Married but filing separately (must be done on paper because online Tax forms will not allow you to proceed without an SSN or ITIN) 

 

2) File Married Jointly on Paper and mail it in along with form W7 (application for ITIN) and required documents. This way will require you to submit original documents to the IRS such as your spouse's passport which may be needed for your immigration interview. Also, per Google, it seems that the IRS is taking a long time to process these so you could be waiting a long time to get the originals back. 

 

3) File Married Jointly on Paper and fill out the W7 and present your original documents to an acceptance agent https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program. This way allows you to present the original documents without having them mailed to the IRS; however, the return would still need to be filed on paper and most of these acceptance agents require that you also file the return with them which can cost quite a bit. This way will also require 

 

4) File Married Jointly on Paper and fill out the W7 and present your original documents to the IRS Taxpayer Assistance Center (TAC) https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided. Again, this way allows you to present the original documents without having them mailed to the IRS. You have to make an appointment prior to going. 

 

NOTE: The ITIN may affect certain tax credits you are eligible for. The ITIN will also affect the stimulus rebate in that the spouse with the ITIN may not be eligible. 

 

Also, you can always amend the return after your spouse has received their SSN. This will allow you to receive the additional stimulus rebate and any tax credits that may  be owed to you and your spouse. 

 

I decided to just hold off on filing unless USCIS asks me to bring 2020 tax return with me to the interview in which case I will just do one of the above. 

I am in this EXACT situation, except now I do need to submit my 2021 tax return with the I-864.  I think I will choose to do the amended return, seems like it might be a bit longer later on, but quickest now and potentially cleanest... Let's see. 

HI All, 

Saw a few people were able to expedite a the EAD process based on job offers.  My spouse is processing an AOS here, could she pursue jobs, get an offer, and then request her application to be expedited? 

Thanks for any tips!