Taxes and AOS

[patient2010 93]

My husband and i have everything we need now for AOS do we have to wait until we do our 2010 taxes can we use 2009 bcuz i havent even gotten my w2 form to even file for taxes yet

[SunDrop 59]

My husband and i have everything we need now for AOS do we have to wait until we do our 2010 taxes can we use 2009 bcuz i havent even gotten my w2 form to even file for taxes yet

Send in your 2009 with your AOS now and take 2010 to interview if you are called to one.

[norrin 3]

Send in your 2009 with your AOS now and take 2010 to interview if you are called to one.

Well..not so sure thats what I did because after all how could I send in a TAX TRANSCRIPT when I hadn't even been able to file the taxes. So I sent in the "most recent tax transcript" which was the previous year and got...Yes you guessed it an RFE. I think you may get an RFE they may not call you for an interview. If they do then you can bring in the newer one.

[w8inglongtime 29]

Well..not so sure thats what I did because after all how could I send in a TAX TRANSCRIPT when I hadn't even been able to file the taxes. So I sent in the "most recent tax transcript" which was the previous year and got...Yes you guessed it an RFE. I think you may get an RFE they may not call you for an interview. If they do then you can bring in the newer one.

I don't get it. You got an RFE for sending the most recent tax transcript?

[NigeriaorBust 4,087]

Send in 2009 as that is what is available as of today. You may get an RFE as they expect you to file your taxes as soon as possible. All tax documents are required to be to the taxpayer this month so in theory you could file as soon as the last item arrives. It is usually mid Feb when they start expecting the prior year to be the new year. If your package is past the checks of documents by then you should be fine just bringing 2010 to the interview. If not you will get an RFE that ou can answer quicly

[VanessaTony 3,567]

My husband and i have everything we need now for AOS do we have to wait until we do our 2010 taxes can we use 2009 bcuz i havent even gotten my w2 form to even file for taxes yet

until April 15 2011 (when taxes are "due") the "most recent" tax transcript is 2009. After April 15, the "most recent" is 2010.

If you send you AOS after April 15 but still have been unable to file taxes (and you will have had to apply for an extension with the IRS) would would attach the extension letter with your file so that they realise it's the most recent. You would also need to include a letter from employer and pay stubs to prove your current income.

[VanessaTony 3,567]

Send in 2009 as that is what is available as of today. You may get an RFE as they expect you to file your taxes as soon as possible. All tax documents are required to be to the taxpayer this month so in theory you could file as soon as the last item arrives. It is usually mid Feb when they start expecting the prior year to be the new year. If your package is past the checks of documents by then you should be fine just bringing 2010 to the interview. If not you will get an RFE that ou can answer quickly

They won't be expecting the 2010 return/transcript until after April 15.

Here is a USCIS memo: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/affsupprt112305.pdf

...if the sponsor signed the Form I-864 after April 15, 2005, only the sponsor’s 2004 Federal income tax return would be required.

Also here: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf Page 14

USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing for the extension.

[patient2010 93]

Thanks guys....

[NigeriaorBust 4,087]

They have actually been known to ask for newer taxes as soon as mid Feb. The April date is the date they become late as of. They are due the beginning of the year. ( like your house payment you have a due date and a date that you have to start paying penalities ) They expect and can demand 2010 tax returns as soon as it is reasonable to have them done which historically has been mid Feb.

[Nich-Nick 3,354]

The filing deadline for 2010 taxes is April 18, 2011. If Form I-864 is signed prior to that date, the most recent tax return is considered by USCIS as 2009. Even if they don't pick up your file to adjudicate until after April 18, if the form was signed before 2010 filing deadline then 2009 is what they will consider. The USCIS can always come back and ask for a later return if they consider something, other than the passage of time, would indicate they need to look at more recent information at the time of adjudication. If you have filed 2010 taxes before you send AOS, then use it, but it's not required to wait on sending AOS until you can get 2010 taxes done.

[JimVaPhuong 4,863]

They have actually been known to ask for newer taxes as soon as mid Feb. The April date is the date they become late as of. They are due the beginning of the year. ( like your house payment you have a due date and a date that you have to start paying penalities ) They expect and can demand 2010 tax returns as soon as it is reasonable to have them done which historically has been mid Feb.

Not true, and certainly not true this year. Employers are not required to send your W2's until the end of January. Same applies to stock brokers, mortgage lenders, contract employers - anyone who is required to send you a 1098 or 1099. However, while the IRS encourages early filing in order to help distribute their workload, there is no requirement that you do so, no penalty if you don't, and no reasonable expectation by any government agency that you will file early.

Also, because of changes in the tax law passed late in December, the IRS will not be processing returns for many taxpayers until mid to late February. These changes involve people who deduct state and local sales taxes, people who deduct expenses for higher education or educator expenses, and anyone who itemizes deductions on a 1040 Schedule A. This is because the IRS needs to reprogram their processing computers to accommodate the changes in tax law. Until the IRS is ready to process those returns, they will not be accepting them, either electronically or by mail. They plan to announce when they will begin accepting those returns sometime in February.

http://www.irs.gov/newsroom/article/0,,id=233449,00.html

There is also a monetary incentive for someone who will owe taxes to postpone filing until the deadline. The IRS does not provide any discounts for filing early, and that money could be sitting in an account earning interest right up until the day you are required to pay your taxes.

USCIS does not have the authority to arbitrarily make changes in the tax law. If they demanded a copy of a tax return before you were legally required to have filed it, which is April 18 this year, then you would have a solid basis for a lawsuit against USCIS.