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Tax Extension & I-864

By Fullbien in IR-1 / CR-1 Spouse Visa Process & Procedures

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Fullbien Contributor

Fullbien   11

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Hi all,

 

So here is the situation: I haven't been able to file my 2019 taxes because I am married to a nonresident alien (we both live abroad), and tax software cannot process online returns when one spouse does not have a SSN (even if you're filing separately). Due to COVID, the IRS wasn't processing paper returns until very recently, and now they are "severely delayed" in processing paper returns, so I ended up just filing an extension for 2019. Additionally, my father is my joint sponsor and he also filed an extension for 2019. 

According to the govt's website "Extensions: If you filed an extension for the most recent tax year, submit a photocopy of your IRS Form 4868, or write and sign a statement indicating you filed an extension, along with a tax transcript or tax return from the previous year."
 

However, when I spoke with a lawyer she said that they would checklist us if we don´t turn in transcripts for the last tax year. Does anyone have any experience uploading an extension to the CEAC website? I would assume Id need transcripts for the interview for sure...


Thanks!!

pushbrk Grand Master

pushbrk   12,977

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4 minutes ago, Fullbien said:

Hi all,

 

So here is the situation: I haven't been able to file my 2019 taxes because I am married to a nonresident alien (we both live abroad), and tax software cannot process online returns when one spouse does not have a SSN (even if you're filing separately). Due to COVID, the IRS wasn't processing paper returns until very recently, and now they are "severely delayed" in processing paper returns, so I ended up just filing an extension for 2019. Additionally, my father is my joint sponsor and he also filed an extension for 2019. 

According to the govt's website "Extensions: If you filed an extension for the most recent tax year, submit a photocopy of your IRS Form 4868, or write and sign a statement indicating you filed an extension, along with a tax transcript or tax return from the previous year."
 

However, when I spoke with a lawyer she said that they would checklist us if we don´t turn in transcripts for the last tax year. Does anyone have any experience uploading an extension to the CEAC website? I would assume Id need transcripts for the interview for sure...


Thanks!!

They will not checklist for sending a complete copy of a return instead of a tax return transcript.  Just file the returns and send complete copies.  This is the year you're sponsoring a spouse.  Not a good time to file an extension.  Once you've filed you've filed.  It doesn't matter how long it takes for IRS to process the return.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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wd250g Explorer

wd250g   3

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3 hours ago, pushbrk said:

They will not checklist for sending a complete copy of a return instead of a tax return transcript.  Just file the returns and send complete copies.  This is the year you're sponsoring a spouse.  Not a good time to file an extension.  Once you've filed you've filed.  It doesn't matter how long it takes for IRS to process the return.

According to your explanation, as long as the applicant has to pay the state tax and federal tax for 2019 to the IRS in 2020, does it need to take the initiative to report the matter to the USCIS?

pushbrk Grand Master

pushbrk   12,977

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32 minutes ago, wd250g said:

According to your explanation, as long as the applicant has to pay the state tax and federal tax for 2019 to the IRS in 2020, does it need to take the initiative to report the matter to the USCIS?

I didn't say a thing about paying taxes.  I said file the federal tax return.  State tax returns are irrelevant to the I-864.  Words mean thing.  No need for "other words".  I meant exactly what I said.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Fullbien Contributor

Fullbien   11

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On 7/28/2020 at 11:40 PM, pushbrk said:

They will not checklist for sending a complete copy of a return instead of a tax return transcript.  Just file the returns and send complete copies.  This is the year you're sponsoring a spouse.  Not a good time to file an extension.  Once you've filed you've filed.  It doesn't matter how long it takes for IRS to process the return.

Thank you!!

TBoneTX Grand Master

TBoneTX   45,536

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A new post was split from this old thread into its own thread.

Old thread is now closed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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