Tax filing Extension form

[JohnAnwesha 4]

Hi all,

I had a question about the I-134 form.My would be father-in-law is our co-sponsor.He has sent me all the necessary documents to me.He did not file his 2009 taxes,so before the April 15th deadline,he filled in the IRS 4868 form and sent a copy of that form to me to show that has indeed filed for extension.

Will that do?I feel like there is something missing?Will they be convinced with just this form or will they also want to see a copy of his W2.I do not get it and sorry if I sound naive.

Could he scan and send me a copy of his W2 if needed?

Anwesha

[sachinky 464]

To be on the safe side, have him scan his W2 and email it to you. Will take 10 minutes tops.

Good luck, lady!

[JohnAnwesha 4]

To be on the safe side, have him scan his W2 and email it to you. Will take 10 minutes tops.

Good luck, lady!

Hmm Thanks Sachi

Well then the chain of paper-work just never stops.I have to ask him then to do that,hope he dos not get tired of me asking for so many documents hehe!

Good Luck with you too girl

Your's is coming,coming!!

[JohnAnwesha 4]

I think the tax extension form should be enough.

That should be a legit form right?

Any ideas anyone?Please

[vivekjay 1]

I filed an extension on my taxes too. Just to be safe I sent the following documents to my wife for her interview.

1) Cover letter with explanation on why we filed an extension and the list of documents included

2) Tax extension form- IRS 4868

3) Copy of the Unfiled 1040 form but with all the numbers plugged in.

4) My W-2

5) All schedule documents that were used for this years taxes.

6) Check leaf of the payment I made to IRS when sending the tax extension form. I had to make the anticipated federal tax dues along with my extension before April 15th.

Our interview is next week so I can let you know what they asked. I think just the extension form is good enough but we have everything else handy if needed.

Edited April 29, 2010 by vivekjay

[JimVaPhuong 4,863]

I think the tax extension form should be enough.

That should be a legit form right?

Any ideas anyone?Please

Not a chance. A form 4868 is a very simple form requesting an extension to file a return. There is a very brief section where the taxpayer can enter their estimated tax liability and actual taxes paid during the year in order to calculate the size of any check they choose to include with the form. However, the form does NOT provide any way to declare the actual income of the taxpayer.

W2's alone may also not tell the whole story. Many people have a regular job, in addition to owning their own business. The W2 from their job might show plenty of income, but after deducting their legitimate business expenses on schedule C their total income on the 1040 may be dramatically lower than their W2 earnings, and it's the total income that the consulate uses to determine eligibility.

vivekjay has a better chance because he's at least including a completed copy of the tax return forms. However, since his hasn't actually be filed with the IRS, even that may not be enough.

[JohnAnwesha 4]

Not a chance. A form 4868 is a very simple form requesting an extension to file a return. There is a very brief section where the taxpayer can enter their estimated tax liability and actual taxes paid during the year in order to calculate the size of any check they choose to include with the form. However, the form does NOT provide any way to declare the actual income of the taxpayer.

W2's alone may also not tell the whole story. Many people have a regular job, in addition to owning their own business. The W2 from their job might show plenty of income, but after deducting their legitimate business expenses on schedule C their total income on the 1040 may be dramatically lower than their W2 earnings, and it's the total income that the consulate uses to determine eligibility.

vivekjay has a better chance because he's at least including a completed copy of the tax return forms. However, since his hasn't actually be filed with the IRS, even that may not be enough.

Hi JimVaPhuong,

Thanks for replying.But you have mentioned about everything that will not work for me and Vivek.Any idea on what will then?I know I cannot take your word or anyone's for it ,and it all boils down to our interviews.But any suggestion?I think it is not uncommon for someone to file for an extension.And my feeling is my co-sponsor's last 3 year's returns coupled with his pay stubs,employment letters,bank statements etc and his 2009 W2 should work.

Well I will have to find out,one way or the other!

[JimVaPhuong 4,863]

Hi JimVaPhuong,

Thanks for replying.But you have mentioned about everything that will not work for me and Vivek.Any idea on what will then?I know I cannot take your word or anyone's for it ,and it all boils down to our interviews.But any suggestion?I think it is not uncommon for someone to file for an extension.And my feeling is my co-sponsor's last 3 year's returns coupled with his pay stubs,employment letters,bank statements etc and his 2009 W2 should work.

Well I will have to find out,one way or the other!

Here is the problem. I the I-134 is not really about determining the income or tax status of the petitioner. It is about determining the likelihood of the beneficiary becoming a public charge in the US. This is a judgment made by the consular officer. The I-134 and supporting evidence are simply tools that the consular officer uses in making this judgment. How they choose to use those tools is entirely up to them. At a difficult consulate, if they are fishing for a reason to deny, they could very easily focus on the I-134 and supporting evidence in order to deny the visa. This is the main reason that some consulates rarely accept a co-sponsor with the I-134.

It is after April 15th, so the consulate could insist on a copy of the 2009 tax return. It's a virtual certainty that they aren't going to accept the request for extension in lieu of the actual tax return, since the key information they are looking for is the income of the sponsor and the request for extension doesn't provide this information. There is no requirement that they accept a copy of a tax return that hasn't actually been filed with the IRS, but I think there's a reasonable chance they would do so if all of the supporting documents were provided (W2's, 1099's, etc.), and if the numbers add up to show a sponsor who is well qualified. You should be able to enhance the odds by including an additional 2 or 3 years of tax returns or transcripts.

Just be aware that it's possible they could ask you to come back when the 2009 tax return has actually be filed with the IRS, or find another co-sponsor.

[vivekjay 1]

It is after April 15th, so the consulate could insist on a copy of the 2009 tax return. It's a virtual certainty that they aren't going to accept the request for extension in lieu of the actual tax return, since the key information they are looking for is the income of the sponsor and the request for extension doesn't provide this information. There is no requirement that they accept a copy of a tax return that hasn't actually been filed with the IRS, but I think there's a reasonable chance they would do so if all of the supporting documents were provided (W2's, 1099's, etc.), and if the numbers add up to show a sponsor who is well qualified. You should be able to enhance the odds by including an additional 2 or 3 years of tax returns or transcripts.

Just be aware that it's possible they could ask you to come back when the 2009 tax return has actually be filed with the IRS, or find another co-sponsor.

It mentioned very clearly in my interview letter that "If a sponsor filed an I-864 (Affidavit of support) and provided the NVC with proof of an IRS Federal Income Tax extension in lieu of a Federal Income Tax return, the applicant must bring the sponsor's most recent Federal Income Tax Return to the visa interview."

Filing an extension is very common practice and I am sure the consulars understand that. I have not heard of anyone being denied for filing an extension on their taxes. If you have all the relevent documets that will be used in preparing this years taxes I feel pretty good about the chances. I am following an IR-1 process so I am not sure if the requirements are more stringent for K-1. Plus we have already submitted three years of tax returns and pay stubbs to NVC already.

[sachinky 464]

I think what you have, Vivek, should be more than sufficient.

[JimVaPhuong 4,863]

It mentioned very clearly in my interview letter that "If a sponsor filed an I-864 (Affidavit of support) and provided the NVC with proof of an IRS Federal Income Tax extension in lieu of a Federal Income Tax return, the applicant must bring the sponsor's most recent Federal Income Tax Return to the visa interview."

Filing an extension is very common practice and I am sure the consulars understand that. I have not heard of anyone being denied for filing an extension on their taxes. If you have all the relevent documets that will be used in preparing this years taxes I feel pretty good about the chances. I am following an IR-1 process so I am not sure if the requirements are more stringent for K-1. Plus we have already submitted three years of tax returns and pay stubbs to NVC already.

The I-864 and I-134 are completely different animals, though the consulate often applies some of the same rules, especially the minimum income requirements. In any case...

Your quote from the consulate's letter is telling you essentially what I said previously - the request for extension is useless as evidence for an affidavit of support. If that's the only thing you submitted for the most recent tax year, then they want the most recent tax return that WAS filed with the IRS. BTW, there is no provision in the I-864 instructions for submitting a copy of a request for extension in lieu of an actual tax return or transcript. Apparently, there are enough people doing this who are going through the same consulate as you that the consulate felt compelled to tell you that they want an actual tax return or transcript in their hands, and not simply a request for an extension.

I never said he would be denied because his co-sponsor filed for an extension. I said that providing only a copy of the request for the extension was certain to get a denial, and that there was no guarantee they would accept a copy of a tax return that hadn't actually been filed with the IRS. There is nothing in the instructions for either the I-134 or I-864 that allows for either of these to be submitted as evidence.

Unlike the I-864, which has some clearly defined rules, it is entirely up to the consulate what evidence to accept with an I-134. Most ask for (at minimum) a copy of the most recent year's tax return or an IRS transcript. If you gave them a copy of a tax return that hadn't actually been filed with the IRS then they probably wouldn't know it. However, if you ALSO included a copy of a request for extension then you've pretty much confirmed to him that the return he's reading hasn't actually been filed with the IRS. That's why I suggested including 2 or 3 years of prior returns or transcripts.

But again, with emphasis, this is the I-134 - consular discretion. They can insist of having the most recent year's tax return, and refuse to accept a sponsor who can't provide it. I'm not telling you what they will do - only they can tell you that. I'm telling you what they can do.

[vivekjay 1]

The I-864 and I-134 are completely different animals, though the consulate often applies some of the same rules, especially the minimum income requirements. In any case...

Your quote from the consulate's letter is telling you essentially what I said previously - the request for extension is useless as evidence for an affidavit of support. If that's the only thing you submitted for the most recent tax year, then they want the most recent tax return that WAS filed with the IRS. BTW, there is no provision in the I-864 instructions for submitting a copy of a request for extension in lieu of an actual tax return or transcript. Apparently, there are enough people doing this who are going through the same consulate as you that the consulate felt compelled to tell you that they want an actual tax return or transcript in their hands, and not simply a request for an extension.

I never said he would be denied because his co-sponsor filed for an extension. I said that providing only a copy of the request for the extension was certain to get a denial, and that there was no guarantee they would accept a copy of a tax return that hadn't actually been filed with the IRS. There is nothing in the instructions for either the I-134 or I-864 that allows for either of these to be submitted as evidence.

Unlike the I-864, which has some clearly defined rules, it is entirely up to the consulate what evidence to accept with an I-134. Most ask for (at minimum) a copy of the most recent year's tax return or an IRS transcript. If you gave them a copy of a tax return that hadn't actually been filed with the IRS then they probably wouldn't know it. However, if you ALSO included a copy of a request for extension then you've pretty much confirmed to him that the return he's reading hasn't actually been filed with the IRS. That's why I suggested including 2 or 3 years of prior returns or transcripts.

But again, with emphasis, this is the I-134 - consular discretion. They can insist of having the most recent year's tax return, and refuse to accept a sponsor who can't provide it. I'm not telling you what they will do - only they can tell you that. I'm telling you what they can do.

I agree with you that just showing that you have filed an extension on your taxes is not enough affidavit of support. However the OP had mentioned he/she had submitted affidavit of support based on previous years of the tax returns or other supporting documents from his/her would be father in law, atleat thats what I understood eventhough its not stated explictly. Also from my interview letter its clear that if you had filed an extension for your taxes for the current year the previous years taxes is acceptable for affidavit of support.

The cosular is most likely to ask for the current years tax returns and its on the onus of the applicant to prove that an extension had been filed and the circustances of the extension and based on the current income level of the petitionor or the co-sponser there is no reason for concern that the benificary will become public charge. My point is that fact that you have filed an extension does not diminish your chances of getting a visa approval if you have provided enough supporting documents showing that your spouse or fiance will not become a public charge. Anyway I will be guinee pig and will find out on Monday.

[vivekjay 1]

Just to make it clear. I have provided NVC with three most recent copies of my tax transcript. Also copies of three most recent copies of my filed 1040's. W-2's, Scheduled documents used to prepare these documents, employment letter and copies of my last 6 months of my pay check. Like you said these requirements are well documented for I-864 and they were accepted by NVC without any issues.

Edited May 1, 2010 by vivekjay

[Darnell 8,478]

My 2 cents -

For an I-130 / I-864

an extension FILED WITH NVC MIGHT get accepted - there is chance to 'prove up all income' on interview day with the actual tax form.

For a K-1 visa thingie / I-134

The only time this AOS is viewed is at the consulate, on interview day. So IMO, any extension paperwork, filed on interview day, is useless as evidence of income for that Tax Year.

Good Luck, however it turns out. No, I won't answer any questions about my 2 cents - feel free to knock holes in it, though.

[JohnAnwesha 4]

I agree with you that just showing that you have filed an extension on your taxes is not enough affidavit of support. However the OP had mentioned he/she had submitted affidavit of support based on previous years of the tax returns or other supporting documents from his/her would be father in law, atleat thats what I understood eventhough its not stated explictly. Also from my interview letter its clear that if you had filed an extension for your taxes for the current year the previous years taxes is acceptable for affidavit of support.

The cosular is most likely to ask for the current years tax returns and its on the onus of the applicant to prove that an extension had been filed and the circustances of the extension and based on the current income level of the petitionor or the co-sponser there is no reason for concern that the benificary will become public charge. My point is that fact that you have filed an extension does not diminish your chances of getting a visa approval if you have provided enough supporting documents showing that your spouse or fiance will not become a public charge. Anyway I will be guinee pig and will find out on Monday.

Hi Vivek and Jim,

Yes,I have my co-sponsor's tax transcripts from 2007 and 2008,with W2s,supporting documents like pay stubs,bank statements,employment letter.And for 2009,I will be providing the extension form, the W2.That's it! If I will be given a 221(g) based on this,then ,well so be it!I think it will be okay,but of course everything will be decided on my interview day and everything else at this point is mere conjecture.

I know I will most definitely not be denied just based on this.

Also, it does state in MUmbai Consulate's checklist-that if for some reason a tax return has not been field for the most recent year,then it is okay to submit tax transcripts of the past year or two.

Thank you again very much.

Vivek, I would love to see how your's goes,I am sure it will be great though! Just curios if they focus too much on this particular topic.

Good Luck,

Anwesha