I-864: Most Recent Tax Year Not Filed Yet

[nierse 0]

Hello,

My beneficiary has her appointment at the US Consulate in a couple of weeks.  We live overseas and I have an extension for my 2023 tax return until later in the year.

Regarding the questions about my Federal income tax returns, do you all think this proposed plan would pose any problems when the consulate receives/reviews my affidavit?

 

Part 6

23a: Have you filed a Federal income tax return for each of the three most recent years.   Response: No

Additional Information page: State that I have filed in all previous tax years except for the most recent tax year (2023), and then explain that this filing due date extension exists and attach a copy.

23b: I would provide them copies of the tax transcripts for the 2nd, 3rd most recent tax years (2022, 2021)

 

24.a: Tax Year 2023: Leave Blank

Additional Information page: Left blank because I have not yet filed this return as explained for 23a.  

24.b  Tax Year 2022: (Total Income value from tax transcript)

24.c  Tax Year 2021: (Total Income value from tax transcript)

Note 1: I HAVE completed a draft Form 1040 for the most recent tax year (2023), and I could provide a "draft" value for 2023 Total Income HOWEVER, because that value is based on my overseas job, and not the new one I will be starting in the US, I'm not sure there's any value in providing that information in an Additional Information page....it might just be confusing, non-relavant information.

 

Note 2: I expect some advice might be that I should file my 2023 return now, despite the extension.  The reason I am delaying is because my spouse had a small job under a work visa in 2023 which requires her to also file a return.  However, because her work period was so short, the Social Security office could not issue her a SSN.  If I file now, because she does not have an SSN, I will not be able to e-file...I'd have to mail from overseas, and that paper return might not get processed for 4-6 months.  Once she receives her SSN upon entrance to the US (hopefully in May), we will be able to file jointly.  Because the period is so short between my hypothetically mailing a return from overseas now and when we would be able to submit an amended joint return (once she gets her SSN), I am expecting that the initial paper return would not yet have been processed and it would cause problems when we tried to file the amendment. 

My hope is that consulates have no problem with most recent tax years not yet having been filed if the due date is far in the future.  Any thoughts?

 

Thanks in advance!    

[OldUser 5,069]

Have you started looking for a joint sponsor? The due date for 2023 is April 15. With extension it is further, but it doesn't help your case.

[nierse 0]

My understanding of the purpose of a joint sponsor is to meet the minimum financial requirements (either through income or assets).  I qualified for Direct Consular Filing due to a job relocation, but in the meantime, accepted a new job in the US.

I know someone who recently went through this specific consulate, with a Direct Filing, who was being relocated and the consulate accepted the letter from the employer about continuing his salary in the US once they move.

 

Similarly, I will be providing the signed copy of the employment contract in the US which, like the person I just mentioned, provides evidence of my expected income - which exceeds the minimum financial requirements.

Additionally, I will have a second version of the I864 available which assumes my income is effectively $0 (ie in case they do not want to consider the employment contract at all.....which seems weird considering the purpose of the DCF process), and demonstrates sufficient assets to meet the minimum financial requirements in that way. 

 

Because I have two ways of demonstrating meeting the minimum financial requirements (income or assets), I'm not sure a joint sponsor is needed here.