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.
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.
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.
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.'
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 - firstname.lastname@example.org - www.capriotti.com
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