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Taxes, taxes, taxes

ameriken

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ameriken

ameriken

Posted
Posted (edited)

I am ready to file the I465 and 864. I have a question about the associated taxes. Here is what I have

 

02, 03, 04 taxes, 05 is under extension, I wont have them completed until later in the year. I do have 05 1099's and W2's.

 

02 is filed jointly, and if I file jointly, they ask for W2's for all 3 years, but I am missing the W2s for 03 and 04 and have to wait on my accountant to send them when he gets back in town next week.

 

I have waited long enough on the AOS and want to get it sent in right away, but I also dont want to get RFE'd for any missing evidence (ie, the W2's).

 

I have the following options:

 

1) Send 03, 04, with a letter explaining 05 is being extended and I can send them my 05 1099's and W2. Since 03, 04, 05 are not joint, I dont have to send the W2's.

2) Send 02, 03, 04 with the W2 for 2002, but not for 03, 04. Again, 02 is joint and they request W2's for all 3 years.

3) Just wait for my accountant to get back and send everything complete.

 

Again, I dont want to wait any longer and want to get the ball rolling on the AOS. I probably should wait for those W2's, but just wanted to get some other opinions.

Edited by ameriken (see edit history)
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frank1538

frank1538

Posted
Posted

One thing you might do first is to contact you local IRS office. I had lost a W-2 and went to one of the branch offices, filled out a form, showed my ID and, presto, they accessed their computers and printed out a copy of the W-2 information while I waited, which I then used.

 

If this service is not available to you, I'd probably wait for the accountant to get you the copies. I guess you could try one of the other options you identified, but if you get an RFE, you're likely to lose more time than waiting on the accountant.

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david_dawei

david_dawei

Posted
Posted

I'd call NVC.. about the new 1 year tax filing ruling.. see below.

 

if you only need to file 1 year, and it was not joint.. then there is no need for '04 W2s....

 

Even if NVC says only one year is needed.. I'd be inclined to include the extension notice with copies of 1099/W2s to show good faith in filing '05, and provide '04 taxes as the valid year needed. [And a statement that at the interview, you will be able to provide '05 taxes upon request ?]

 

 

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

RE: USCIS policy regarding Form I-864, Affidavit of Support

 

This memorandum notifies that a person completing an Affidavit of Support(Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax retum, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years.

 

183495[/snapback]

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frank1538

frank1538

Posted
Posted
I'd call NVC.. about the new 1 year tax filing ruling.. see below.

 

if you only need to file 1 year, and it was not joint.. then there is no need for '04 W2s....

 

Even if NVC says only one year is needed.. I'd be inclined to include the extension notice with copies of 1099/W2s to show good faith in filing '05, and provide '04 taxes as the valid year needed.  [And a statement that at the interview, you will be able to provide '05 taxes upon request ?]

 

 

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

RE: USCIS policy regarding Form I-864, Affidavit of Support

 

This memorandum notifies that a person completing an Affidavit of Support(Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax retum, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years.

 

183495[/snapback]

217943[/snapback]

I had forgotten about the new rule. Thanks for keeping us current.

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Randy W

Randy W

Posted
Posted

You have to file a request for an extension and pay your actual taxes owed by April 15. Bring a copy of that form.

 

Alternatively, you can file an actual return now, and let your accountant file an amended return later. Interest and penalties are fairly low, if you know tha ballpark amount. Or, you can overpay now and get a refund later.

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david_dawei

david_dawei

Posted
Posted

I definitely don't see an RFE in your example..

 

I agree with randy's thought.. the extension grants you a valid reason for not having filed [yet]... Include that extension with copy of '05 1099 and W2s... and the 2004 taxes.

 

Again, I'd get NVC on the horn and ask them to tell this guinea pig the [new] rules of rolling around in the mud with AOS/I-864... :whistling:

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  • 2 weeks later...
ameriken

ameriken

Posted
  • Author
Posted
By the way, photocopies of the taxes/W2's, etc are acceptable?

221540[/snapback]

Uhhhh, Yes. ;)

 

It would be a bit difficult to pry the originals out of the hands of the IRS. B)

221576[/snapback]

Guess I didnt clarify......I didnt mean copies vs origs, I meant straight photocopies vs 'certified' copies.

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LeeFisher3

LeeFisher3

Posted
Posted
By the way, photocopies of the taxes/W2's, etc are acceptable?

221540[/snapback]

Uhhhh, Yes. :roller:

 

It would be a bit difficult to pry the originals out of the hands of the IRS. :roller:

221576[/snapback]

Guess I didnt clarify......I didnt mean copies vs origs, I meant straight photocopies vs 'certified' copies.

221631[/snapback]

No need to do a certified copy of taxes, the only notarization needed is for the Affidavidt of Support.

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