I-864 2012 Tax return question

[buendia0716 0]

Hello, I am USC and recently get the NOA2 notice(Notice date: 4/4/2013). Currently, I am trying to get the NVC case number and invoice number in order to submit the I-864 before April 15.

As time approaching, I think I would need to submit I-864 after 4/15. But I am not sure what is the best way to take care the 2012 tax return.

I already extended my 2012 tax return since I want to wait until my wife comes to US and get the SSN so that I can file MFJ to get back some money(several thousand dollars).

My question is following:

Which way is better to submit last three year tax return?

1. Submit 2012(with extension), 2011, 2010, (probably include 2009)

2. Submit 2012(single), 2011, 2010

Amend the 2012 tax return when my wife comes to US.

My CPA told me it may be not good to amend the 2012 tax return especially I change the martial status from Single to Married.

I think her opinion is based on the tax point of view.

For the solution #1, some other VJ member said it is ok to submit the extension.

But I am not sure if my reason of extension is strong enough: want to file MFJ and get some money back.

Which way is better for me, or is there better way for me?

Thanks in advance.

I appreciate your comment.

[LBeachey 45]

What consulate will she be interviewing at? What tax returns are required differ from consulate to consulate (though in theory they shouldn't).

I believe the first extension from April 15th is automatic so I wouldn't worry about it. The only issue is if you owe, penalties and interest start accruing form April 15th so you need to estimate what you owe and pay by April 15th.

If you think you will have the SSN by the end of the extension, I would wait to file unless you are dealing with a consulate that is strict on this and then you file either Single or Married Filing Separately(not sure if lack of a SSN is an issue when filing seperately).

The other thing that might matter is how close to the poverty line you are. If you are way over, lack of a 2012 return may be less of an issue especially if you can show recent pay stubs.

[atm 8]

If you got married in 2012 (even Dec 31st 2012) you cannot submit your 2012 tax return as "single". Your only options are "married filing separately" or "married filing jointly".

[buendia0716 0]

Thanks for all the comments.

I really appreciate your help!

She will have interview at Taiwan.

Is it strict at Taiwan consulate?

One question: these document would be reviewed at taiwan's consulate, rather than NVC?

So if taiwan's consulate is not strict on this, I could still file it before extension deadline.

I just worried if this approach would incur some concern and request 2012 tax return. it will delay my wife's green card application.

We got married at 12/30 of 2012. She is Taiwan citizen and has income in Taiwan for the whole 2012. She didn't have SSN or taxID.

I will double check with my CPA for married filled jointly or married filled separately as Atm suggested.

I already paid the estimated tax to IRS for 2012 return as single, since i am nor sure if my wife could get the SSN before extension deadline. Will need to double check if married file separately will affect my tax.

My annual income would be much higher than poverty lines bases on 2009 to 2011 tax return. Annual income would be higher for 2013 if they calculate from my pay stub. The poverty line for a household of 2 is about 20k per year. so this would not be problem.