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LilyR

AOS - filed for tax return extension - will that cause a problem?

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First, I comfortably meet the income requirement. I have been a public school teacher for over 10 years so have my employment letter, paystubs, excellent job security. I have my tax documents for 2011 and previous years.

BUT I had to file for an extension for 2012. I will get a refund so the extension was no problem as far as the IRS is concerned. But I got my NOA2 on April 25th and am now moving to the NVC stage. WIll I be able to move forward or will the NVC not accept the extension that I filed with the IRS and require that I include my 2012 return? [The reason i needed to file for the return is to get my husband a tax-payer id number.]

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Hard to say for sure. I doubt you "had to" file an extension. It's more like you "chose to". It was not a choice I would advise. If you are unable to provide 2012 tax return, I would provide a recent pay stub (You should do that anyway.) as evidence you are still employed at the same place. For a school teacher with long term employment history, I would think you'd be OK with 2011 as your most recent tax return.

Best practice is to file that 2012 tax return though.


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First, I comfortably meet the income requirement. I have been a public school teacher for over 10 years so have my employment letter, paystubs, excellent job security. I have my tax documents for 2011 and previous years.

BUT I had to file for an extension for 2012. I will get a refund so the extension was no problem as far as the IRS is concerned. But I got my NOA2 on April 25th and am now moving to the NVC stage. WIll I be able to move forward or will the NVC not accept the extension that I filed with the IRS and require that I include my 2012 return? [The reason i needed to file for the return is to get my husband a tax-payer id number.]

Immigration is one government agency and the IRS is another. The USCIS is using the fact that USCs and LPRs are required to file a tax return every year on all world-wide income. Now the IRS does allow you to file an extension before April 15th. Will the USCIS accept this? Who knows. It depends on the person that gets your file. If you get an RFE for the 2012 tax return, you have two options: 1) file the return and include a copy of it with the RFE reply, or 2) copy the extension form you submitted to the IRS and hope it is accepted. This is what happens when one government agency uses another's requirements for requesting information.

Good luck,

Dave

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