Joint Sponsor hasn't filed taxes for 2020 yet, but has an extension. Can they still file I-864 with proof of extension and their 2019 tax return?

[ztiberiusd 38]

I've seen this topic discussed in a couple threads on here, but responses seem to vary so I thought I'd try to get some more up-to-date information. 

 

I managed to arrange a Joint Sponsor for our case, but they haven't filed taxes for 2020 yet. She told me that her accountant is still working on them and has an extension from the IRS until October 1st. They own a business so it takes a while. Obviously this prevents us from submitting the I-864 with her most recent tax return as she won't have a copy of it yet.

 

I suggested that in lieu of the most recent tax return, I could send her full tax return from 2019 as well as proof that the extension was filed with the IRS (copy of form 4868) and a copy of her W-2s from 2020. Then, in October when she has a copy of her full 2020 tax return, I can either add that to the case at NVC or have my wife bring it to the visa interview. I would attach a cover letter to the initial I-864 package to NVC that explained the delayed 2020 tax return and that we would attach it as soon as possible. 

Obviously I would also have the pay stubs, and this person earns well above the income requirement and has done for 2016, 17, 18, 19 and 20, so there's plenty of evidence of income. 

 

I suppose the alternative is to wait until October and file everything with NVC then, but understandably I'd much rather get this done ASAP. 

 

Any advice is greatly appreciated. 

[Chancy 6,241]

1 hour ago, ztiberiusd said:

I suggested that in lieu of the most recent tax return, I could send her full tax return from 2019 as well as proof that the extension was filed with the IRS (copy of form 4868) and a copy of her W-2s from 2020. Then, in October when she has a copy of her full 2020 tax return, I can either add that to the case at NVC or have my wife bring it to the visa interview.

 

That's fine.  From the DOS guide -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

"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."

 

[ztiberiusd 38]

1 hour ago, Chancy said:

That's fine.  From the DOS guide -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

"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."

Jeez, I don't know how I missed that... I've read through those pages so many times. Just didn't think to look there now of course... Duh. Thank you!