I-864 _ current tax year document is an extension

[moleary 2]

My fiancee just received her K-1. My tax doc for 2009 is an extension. My tax returns have been completed by the same CPA firm for the last 4 years, and they have a draft return completed for 2009, but we filed an extension because we are investigating 'green' tax credits for the building we built and moved into last year.

I have IRS transcripts for 2006-2008, and the draft 2009 return completed by the CPA, with the electronic extension. Is this acceptable to send in for AOS with the I-864 (with an explanation), or must I file the 2009 return as is and use that instead of the draft with extension, even if I know it will mean that I'll have to file an amended return once we get the results back from the building inspection.

Thanks!

Edited June 26, 2010 by moleary

[JimVaPhuong 4,863]

My fiancee just received her K-1. My tax doc for 2009 is an extension. My tax returns have been completed by the same CPA firm for the last 4 years, and they have a draft return completed for 2009, but we filed an extension because we are investigating 'green' tax credits for the building we built and moved into last year.

I have IRS transcripts for 2006-2008, and the draft 2009 return completed by the CPA, with the electronic extension. Is this acceptable to send in for AOS with the I-864 (with an explanation), or must I file the 2009 return as is and use that instead of the draft with extension, even if I know it will mean that I'll have to file an amended return once we get the results back from the building inspection.

Thanks!

The extension and/or draft tax return will not be accepted in lieu of a copy of an actual filed returned. USCIS can be unbelievably picky about this. It's after April 15th, so they will want a copy of the 2009 return that was FILED with the IRS.

When will your fiancee be arriving in the US, and when do you plan to marry? Can you get the 2009 return filed before you have to send the AOS package?

[moleary 2]

Thanks Jim. She may need surgery and we found out yesterday that it will be 3 weeks before we know for sure. So, we're not quite sure when she's arriving and since we were just approved last week, we haven;t set a date.

Yes I could file it next week if I needed to, and file an amended return if warranted. The tax credits and other deductions on the building could save me thousands and that's what we're waiting on. There are only 4 inspectors in the state qualified to complete the paperwork for these 'green' tax credits, so were waiting on the only one in our city.

Hehe, I had all of the above tax documentation as well as a letters from work, from my bank VP, and lots of other stuff ready for the K-1 interview and they only asked for the 134. I know this is a lot different.

You are well respected here and I appreciate your reply. Thank you again.

Michael

[trailmix 77]

Actually, for the I-864, technically they will accept proof of an extension to file. link

"The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). 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".

Example 3

Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

I say technically, because it doesn't really seem like a good idea, generally - however, you have the draft copy, you are going to include the proof of extension and you have all your other proof in place, seems reasonable in your situation.

Just one question. I'm not familiar with U.S. business tax returns (if that is what you have filed an extension for), but i'm wondering why you are not able to file your personal 1040? Since a business cannot sponsor someone, i'm not sure how the business return affects you filing/sending your personal return.

Edited June 26, 2010 by trailmix

[moleary 2]

Thank you for your reply Trailmix. THAT is the mother of all Links!!

My employment is with an LLC that I am a member of. I have a significant percentage of ownership (though not majority), but we are taxed as a corporation, therefore I am an employee and not "self employed". The company filed its return without an extension. However, we started another LLC with the builder of our corporate hq. That LLC is taxed as a partnership and therefore all P&L from that LLC flows directly to the members' personal 1040 (and is reported on a K1...ah... nice coincidence, no?). That partnership has filed an extension while we await the results of the building inspection for green tax credits. Hence my personal extension.

Edited June 26, 2010 by moleary

[trailmix 77]

Thank you for your reply Trailmix. THAT is the mother of all Links!!

My employment is with an LLC that I am a member of. I have a significant percentage of ownership (though not majority), but we are taxed as a corporation, therefore I am an employee and not "self employed". The company filed its return without an extension. However, we started another LLC with the builder of our corporate hq. That LLC is taxed as a partnership and therefore all P&L from that LLC flows directly to the members' personal 1040 (and is reported on a K1...ah... nice coincidence, no?). That partnership has filed an extension while we await the results of the building inspection for green tax credits. Hence my personal extension.

Ahh yes, makes sense.

And yes, that is quite the document