Too late to file and use late tax return? Please help

[Unity4Life 1]

Hey gang, I am in the middle of helping my cousin in NY sponsor his fiancé since I can read and speak better English than he does. I don't think shelling out $2,000 for K1 application is necessary (I hope).

He just returned from meeting his fiancé (they got engaged). He has not filed taxes for 2011 and 2012. Despite the legal ramifications, he could have hurt his sponsorship application if left ignored.

However, what concerns me is that he is a self employed painter and will not be able to provide check pay stubs. In 2011 he made between $5K and $6K (took care of mother full time after being diagnosed with cancer). In 2012 he made just over $30K.

If he files his taxes now for 2011 and 2012 will it raise red flags since it's so close to the date he will initiate K1 visa application/sponsorship?

Will providing 2012 tax return and recent bank statements usually suffice?

[JohnR! 5,495]

Hey gang, I am in the middle of helping my cousin in NY sponsor his fiancé since I can read and speak better English than he does. I don't think shelling out $2,000 for K1 application is necessary (I hope).

He just returned from meeting his fiancé (they got engaged). He has not filed taxes for 2011 and 2012. Despite the legal ramifications, he could have hurt his sponsorship application if left ignored.

However, what concerns me is that he is a self employed painter and will not be able to provide check pay stubs. In 2011 he made between $5K and $6K (took care of mother full time after being diagnosed with cancer). In 2012 he made just over $30K.

If he files his taxes now for 2011 and 2012 will it raise red flags since it's so close to the date he will initiate K1 visa application/sponsorship?

Will providing 2012 tax return and recent bank statements usually suffice?

On the contrary. He should file his taxes all the more because he will be in a position he will have to sign an affidavit of support for his fiancee, so he better be current with his finances.

Since he does not get a pay stub he can - and should - present his tax returns as supporting evidence along with the I-134.

It may be obvious that he chose to do so because of the K-1 but that will not count against him, nor will it hinder his application.

Edited May 31, 2013 by Gegel

[Unity4Life 1]

Thank you Gegl for your reply.

Can anyone add to this? I check all the time for responses but nobody wants to add with anything?

[ConGau1981 56]

Yes...he should file for 2011 and 2012...he will need to show that he made an income and the date he filed wont matter.

[KayDeeCee 4,899]

File the back taxes. Self-employed must use their most recent tax return. They should provide a complete copy of the return with all forms, schedules, and any W-2s or 1099s. Line 22 of the most recent 1040 is what is used to see if they meet the income requirement. Bank statements showing the income deposits into their account can also be helpful.

They will have to file another affidavit of support, the I-864 when AOS is filed after they are married. The tax information of the sponsor is needed for the last 3 years, and the most recent tax return must be provided with that form as well.

[Unity4Life 1]

Thanks for the replies, much appreciated