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I-864 have yet to file tax return

Sacramento, CA |

Hi. I am sponsoring my spouse's family based adjustment of status. The 864 clearly states that it wants tax information for the most recent tax year. However, my 2011 taxes have yet to be filed. The forms are complete, but my CPA has not finished reviewing the forms and submitted them. Is it OK to send in the 2011 taxes and copies of my W2 even though they have yet to be filed with the IRS?

Thank for all the help.

Big thanks to everyone!

Attorney Answers 5


  1. Unfortunately, unfiled returns are not considered for i-864 purposes. Your taxes will be closely scrutinized along with the tax returns of any other sponsor and spouse if any. I would not recommend you file this case without at least having an attorney go through the papers you intend to file. Remember, if denied, your filing fees will not be returned.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com


  2. If you have them, file them. "Finished reviewing"? that takes 5 minutes. Most accounts use a machine with internal comparators and hidden test computations. So long as the cpu didn't explode or so long as it didn't start writing in Japanese, that is about all the checking he can do. It takes 5 minutes. Why is he holding things up? You can file today. This is not "tax season" so the CPA doesn't have any excuses.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


  3. Submit an I-864 with your 2010 tax and W-2 plust your 2011 application for extension and throw in your 2011 W-2.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  4. Hurry up and file ... unless you want the government to give you a hard time ... which they will do ... believe me ... they will give you a hard time.

    Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
    SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
    We are not geographically limited ==> Our licenses allow us to represent people worldwide.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  5. It's better to be safe than sorry. Have your CPA complete the work immediately. I had a client who did not file her taxes and her CPA was able to provide me with the filed tax return within 4 days. This should not be a problem. Then, file your 1040 along with your W2.

    Best of luck. I agree with the other attorneys. You may follow their recommendations; however, its better that you provide USCIS with everything they 'need.'

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