thedudeabides

Hi all,

We've finally sold our house which (fingers crossed) should complete in a couple of months time. My interview in London (DCF) is in a couple of weeks time. I'm a UK citizen, my wife is a US citizen. We've lived in UK since 1999.

I've read the I-864 notes on federal income tax information a few times, but am a bit confused and wonder if anyone might be able to clarify on a couple of questions please?

My wife's tax accountant has just sent her 2007 tax return to file. They say that this must be filed before October 15th 2008. It's a zero return anyway (earnings under the $80K limit or whatever it is).

1. Does that return date sound correct?
2. If so, does that mean that the most recent tax return we can show in question 25 of the I-864 would be tax year 2006, as 2007 wouldn't have been filed/processed yet?

The I-864 notes say We have copies of her tax returns (1040, 1116, 2555 etc) for the last 9 years, but this leads to another question:

3. Are personal copies of these forms acceptable? I'm just concerned that the completed tax return forms in themselves don't actually prove that they were ever filed.

I can't find any return documentation from the IRS that says "Yep, we've received your return and everything is fine and dandy"

Thank you for reading and thank you for any guidance.

md95065

Tax returns for a particular year are normally due on April 15th of the following year, unless you filed for an extension of time to file. in which case they are due 6 months later on October 15.

Sounds as if your wife's accountant may have filed for an extension on her behalf - hence the October 15 date.

Since it appears that the return is done why can't you just file it immediately?

The IRS will never send you anything that says:

Send it to them by registered mail - it is considered "filed" once they receive it whether they have processed it or not (in fact, amazingly, if you are in the US , it is considered to have been filed on time provided it is *postmarked* by the due date, even it they don't receive it until several days later - but that is another story)

Folinskyinla

Hi:

The I-864 includes a certification that the forms are correct. Sometimes, I've seen officers insist that the personal copies be certified. Unless there is a substantial reason to suspect fraud, the transcripts usually are NOT required.

On the time of filing -- I believe that the deadline for filing when the filer is overseas is longer than the the standard 4-15 date for state-side filers -- June 15th. Sounds like its the normal 4 month extension one gets by simply asking before the due date.

md95065

According to IRS Publication 54 - Tax Guide for U.S. Citizens and Resident Aliens Abroad :

• You get an automatic 2 month extension just by virtue of being resident outside the US on your normal filing date - which gets you to June 15
• You can apply for an automatic 6 month extension by filing Form 4868 - if you already used the automatic 2 month extension then this just gives you an additional 4 months - taking you to October 15
• You can request an additional 2 month discretionary extension - which takes you all the way to December 15 - by writing to the IRS

As always there is, of course, no extension of time for actually paying any taxes that may be due - the extension is only for filing the return itself.

LynannC

I just had my interview last Friday, and I had concerns about my husband's last tax return, as he filed single instead of married, albeit he filed stateside. He had used copies of his 1040's for 2005,2006 and 2007 for the I-864 (Affidavit of Support). At the interview I was asked for evidence of the figures on the 1040 and I-864 for 2007. I had a copy of his W2 for all three years, so they just took the copy of the W2 for 2007.

If your wife is working you may be able to take a copy of the 1040 and use her W2/P60 as proof of the figures on the 1040. They certainly accepted it for my husband.

I also took a letter from the accountant explaining why he had filed my husband as single instead of married and that he is in the process of filing an amendment, and they were more than happy with that as further evidence. Perhaps a letter from your wife's accountant explaining the reason for the 2007 return not yet being available will also help you out.

Lyn