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TJsWorld

I-864 late tax return Please help

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Hello all,

 

I am currently in the process of IR1 and I'm petitioner getting my wife a green card. I am also sole sponsor for I-864. 

 

On I-864 Instr., it says 

 

"If you were required to  file a Federal income tax return during any of the previous three tax years but did not do so, you must  file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late  filing before submitting Form I-864."

 

Unfortunately I didn't filed all 3 years(2015, 2014, 2013) and I've just mailed them TODAY to IRS and our consulate interview is on Feb 6th, 2017. Therefore, I do not and cannot get the transcript by then. What I have on my hand is PHOTOCOPY of "mailed" returns. I was planning to show them at the office along with certified mail receipt. 

 

My first question is, can I check "yes" in 18a which asks, "Have you filed a Federal income tax return for each of the three most recent tax years?" 

 

Second question: did anyone filed lated tax returns and didn't asked about transcripts (or didn't get RFE)? or GOT RFE? anyone? If I get a RFE, which has 84 day max. Do I start all over again? 

 

Third question, if transcript are really required for the late returns, do i need to wait for good 10 months to get them, postponing the interview? anyone did this?

 

Fourth, Can i file for 2016 which is technically not late, and just show them my one year tax report? Is that okay? Can USCIS find out about late reports and maybe deny visa???

 

 I am closing on the latter option, but still, the instructions says "If you were required to  file a Federal income tax return during any of the previous three tax years but did not do so, you must  file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late  filing before submitting Form I-864."

 

Can anyone share idea? shed some light? Please Help! 

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1 hour ago, TJsWorld said:
  • My first question is, can I check "yes" in 18a which asks, "Have you filed a Federal income tax return for each of the three most recent tax years?" 
  • Second question: did anyone filed lated tax returns and didn't asked about transcripts (or didn't get RFE)? or GOT RFE? anyone? If I get a RFE, which has 84 day max. Do I start all over again? 
  • Third question, if transcript are really required for the late returns, do i need to wait for good 10 months to get them, postponing the interview? anyone did this?
  • Fourth, Can i file for 2016 which is technically not late, and just show them my one year tax report? Is that okay? Can USCIS find out about late reports and maybe deny visa???

My first question is, can I check "yes" in 18a which asks, "Have you filed a Federal income tax return for each of the three most recent tax years?"     - You have posted them so they are filed - answer is yes  -  send in the copies of the returns.

 

Second question: did anyone filed lated tax returns and didn't asked about transcripts (or didn't get RFE)? or GOT RFE? anyone? If I get a RFE, which has 84 day max. Do I start all over again? Some will have others will not - IRS review is not a mandatory tick, payment of US taxes if they apply are and not a USCIS problem. They are making sure you are on the IRS radar.

 

Third question, if transcript are really required for the late returns, do i need to wait for good 10 months to get them, postponing the interview? anyone did this? - No just start the process etc.

 

Fourth, Can i file for 2016 which is technically not late, and just show them my one year tax report? Is that okay? Can USCIS find out about late reports and maybe deny visa??? --- You have a high anxiety problem, IRS is far scarier than USCIS and this journey means you will have a lot more to worry about as the timeline plays with your mental state.

 

WHAT is IMPORTANT - You completed the outstanding years and have submitted the returns, check if you send in your FBAR forms as an expat with your returns if it applies, https://www.expattaxprofessionals.com/expat-tax-information-fbar/   - the IRS like this and now fine for non-filing .... people forget it so easy money for IRS.

Edited by Patient

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16 minutes ago, Patient said:

My first question is, can I check "yes" in 18a which asks, "Have you filed a Federal income tax return for each of the three most recent tax years?"     - You have posted them so they are filed - answer is yes  -  send in the copies of the returns.

 

Second question: did anyone filed lated tax returns and didn't asked about transcripts (or didn't get RFE)? or GOT RFE? anyone? If I get a RFE, which has 84 day max. Do I start all over again? Some will have others will not - IRS review is not a mandatory tick, payment of US taxes if they apply are and not a USCIS problem. They are making sure you are on the IRS radar.

 

Third question, if transcript are really required for the late returns, do i need to wait for good 10 months to get them, postponing the interview? anyone did this? - No just start the process etc.

 

Fourth, Can i file for 2016 which is technically not late, and just show them my one year tax report? Is that okay? Can USCIS find out about late reports and maybe deny visa??? --- You have a high anxiety problem, IRS is far scarier than USCIS and this journey means you will have a lot more to worry about as the timeline plays with your mental state.

 

WHAT is IMPORTANT - You completed the outstanding years and have submitted the returns, check if you send in your FBAR forms as an expat with your returns if it applies, https://www.expattaxprofessionals.com/expat-tax-information-fbar/   - the IRS like this and now fine for non-filing .... people forget it so easy money for IRS.

 

Thanks for the info! I'll be relaxing now :)

Edited by TJsWorld

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Moved from Progress Reports to Process & Procedures.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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