Post Interview asking for forms that I do not have

[nemozed 1]

My Fiance just had her interview. Apparently they want me to send a W-2 form and a 1040 Tax form. I just started working at my self-employed job in March. I was on disability. My income is a combination of disability and payments from my home business. I have a 1099 form provided by social security, their equivalent of a tax form but it is from last year since it is too early in this year to have received on (And too early to have a filed an income tax form on my other income and I wasn't making the other income last year). I furnished cancelled checks from my current client going back to March, proof of income from social security, Tax Identification number, EID, Business license, bank records. I am not sure how to meet their requirements in the absence of the ones they requested.

I also unclear once I have something satisfactory to send them how to get it to them in a timely fashion. Can I fax the forms to the Embassy? Or do I have to express mail the forms to them?

[baron555 934]

My Fiance just had her interview. Apparently they want me to send a W-2 form and a 1040 Tax form. I just started working at my self-employed job in March. I was on disability. My income is a combination of disability and payments from my home business. I have a 1099 form provided by social security, their equivalent of a tax form but it is from last year since it is too early in this year to have received on (And too early to have a filed an income tax form on my other income and I wasn't making the other income last year). I furnished cancelled checks from my current client going back to March, proof of income from social security, Tax Identification number, EID, Business license, bank records. I am not sure how to meet their requirements in the absence of the ones they requested.

I also unclear once I have something satisfactory to send them how to get it to them in a timely fashion. Can I fax the forms to the Embassy? Or do I have to express mail the forms to them?

IRS Tax Transcripts are free from the IRS and can be faxed to you within days.

Moscow allowed me to email them documents; not sure about Manila. Email them and ask them.

Edited November 21, 2012 by baron555

[JohnR! 5,495]

IRS Tax Transcripts are free from the IRS and can be faxed to you within days.

Moscow allowed me to email them documents; not sure about Manila. Email them and ask them.

X 2... Don't send W-2s or 1040s. Send Tax Transcripts and you'll have nothing to worry about.

[Darnell 8,478]

My Fiance just had her interview. Apparently they want me to send a W-2 form and a 1040 Tax form.

For which year? It's certainly not for tax year 2012, as we're still in the middle of it.

[nemozed 1]

My income was too low in 2011 and my sources of income did not involve using a 1040 form. I received a 1099 from Social Security. They want W-2 and 1040 from last year. But I did not get a W-2 and 1040 last year become of the source of my income and the amount of my income. So, the 2011 forms do not exist and would not reflect enough income to meet their minimum requirement. I started a business in March 2012, self employed. My income is a combination of self-employed income and disability payments. No, there are no 1040 forms or W-2 forms available for 2012 that would reflect my current income (And you don't get W-2 forms if you are self employed, at least as I understand it). I sent then a ton of documentation verifying my current income but they seems to be mechanically stuck on the idea of W-2 forms and 1040 forms.

A tax transcript would only reflect last year's income, wouldn't it? My income and employment situation was different back in 2011.

[baron555 934]

I sent then a ton of documentation verifying my current income but they seems to be mechanically stuck on the idea of W-2 forms and 1040 forms.

Establish an email dialogue with the Embassy rather than us here. You need to convince them or maybe resend everything you sent before with an explanation letter itemizing your evidence.

[nemozed 1]

I was planning to call them today when they open. And also e-mail and/or fax them. I already included all the evidence and explained the nature of the income an my situation in my employment statement. It makes me wonder if they bother reading the stuff I submitted. All the details are already in there. But thanks I will attempt to establish a dialogue with them.

[Xanax 349]

I was planning to call them today when they open. And also e-mail and/or fax them. I already included all the evidence and explained the nature of the income an my situation in my employment statement. It makes me wonder if they bother reading the stuff I submitted. All the details are already in there. But thanks I will attempt to establish a dialogue with them.

I always prefer to email as it leaves a 'trail'.

[Darnell 8,478]

'today' is Thanksgiving, and they be closed.

in a pinch, fill out a 1040X for tax year 2011, file it WITH the local IRS office -

they will stamp it as received - then ask for copies showing the stamp.

IMO, that's the fastest way to meet the IV unit's requirement.

[nemozed 1]

Thanks. Good information. But the problem is, as I stated above, my income from 2011 was too low. So, submitting a 2011 1040 form will simply reflect last year's income which is too low to meet the minimum income requirements.

I know that my clients have to fill out a Misc. 1099 form at the end of the year and give it to me. I think there is a possibility that this can be done quarterly. I have to check that out. I am wondering if the IRS will accept an income form for one or two quarters from this year as at least partial verification of my income for 2012?

[Darnell 8,478]

look, the IV unit wants proof of income for 2011 in a form they understand. So far, you've not given this to them, in a form they understand. Since they can't understand it, they can't vette it, and they can't finish up with the final adjudication on the I-134.

You have a fear of the AMOUNT of 2011, but it's meaningless at the moment, as you not provide the right stuff to them, yet.

Remember, a casefile, in it's entirety, in adjudicated based on the totality of the casefile. IMO, if you are showing 'current income' to be stellar, with a prior year (via tax forms) being below the line, you MIGHT be ok, as it's the totality of the casefile , not just one thing.

You probably want to 'fix this today' and IMO, don't try. Take a few days, stew more, work up some tax forms, at least find yer local IRS office, and make a solid plan to get the IV unit what they want.

Edited November 21, 2012 by Darnell

[nemozed 1]

it may be a form they understand but it does not accurately reflect my income if it is for 2011 So they would be adjudicating information that is not accurate or current thus deciding against me most likely on this form they understand. Are they really that intellectually limited? Do they really not understand that there are different tax forms depending on how you make your income?

[KayDeeCee 4,893]

it may be a form they understand but it does not accurately reflect my income if it is for 2011 So they would be adjudicating information that is not accurate or current thus deciding against me most likely on this form they understand. Are they really that intellectually limited? Do they really not understand that there are different tax forms depending on how you make your income?

It is not about them understanding different tax forms. The problem is that when you are self-employed, they go by line 22 of the most recent 1040 form. If that line on your 2011 taxes does not meet the requirement, then you might be denied. I know Manila will allow for co-sponsors on a case by case basis, so you may need to ask them if you will be allowed to use a co-sponsor.

[nemozed 1]

I have a co-sponsor (A family member who makes up the difference between my income and the requirement). Yes, if based on the 2011 form line 22 I would be denied because I wasn't self-employed then, my income was only from disability, which was too low. My income now is more than enough to meet the requirement but I am having trouble finding ways to verify what the income is now (Actually I thought I had done a very thorough job of verifying it but if they insist on last year's tax forms when my situation was different then I have a problem). Last years tax returns reflect my employment-income situation in 2011. They do not reflect my income-employment situation in 2012, that is the difficulty.

[KayDeeCee 4,893]

I have a co-sponsor (A family member who makes up the difference between my income and the requirement). Yes, if based on the 2011 form line 22 I would be denied because I wasn't self-employed then, my income was only from disability, which was too low. My income now is more than enough to meet the requirement but I am having trouble finding ways to verify what the income is now (Actually I thought I had done a very thorough job of verifying it but if they insist on last year's tax forms when my situation was different then I have a problem). Last years tax returns reflect my employment-income situation in 2011. They do not reflect my income-employment situation in 2012, that is the difficulty.

That is the problem with being self-employed. They do not count your business income as personal income until you have filed taxes on it and there is proof of the personal income on the IRS tax form. I believe I have heard of people getting by with providing some proof of their current self-employment income without having filed taxes on it yet, but that doesn't work most of the time. It seems you got a CO that wants to see the income on your taxes only. Unfortunately it is all up to the discretion of the CO. If they are wanting to deny you, perhaps you could ask for an extension until you can file your 2012 taxes (which will be very soon), and can then provide proof that your income meets the requirement.