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Filed: IR-1/CR-1 Visa Country: Cambodia
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Hello everybody ... i have small question and i need advice ... i had my interview 13 jan 2009 and i got approved .. but they ask me to send tax return 2008 from my wife or Joint sponsor , so coz my wife make enough income and we dont have Joint sponsor we decided to send tax return 2008 but we confused about something that paper i have from the embassy said ( copies of the fedral tax returns ( form 1040 ) and the most recent income tax from :- sponsor or joint sponsor ) and we dont know this well be include w-2 cuz the w-2 will take time almost 20 day's till i have this but 1040 easy to get .. so i can send 1040 only without w2 or i need to wait till we get w-2 ..... thank you

If you are not sure, then you should probably call the embassy to confirm which tax return they want - 2007 or 2008. The 2007 tax return will usually be reporting income for the period from January 1, 2007 to December 31, 2007 and the 2008 tax return for the period January 1, 2008 to December 31, 2008.

Also, are you sure they are not asking for more than 1 tax return? Look at your quote "copies of the federal tax returns ( form 1040 ) and the most recent income tax from :- sponsor or joint sponsor". "Copies" and "returns" are both in the plural and could mean that the embassy expects to receive a copy of your tax return for more than 1 year. Also "and the most recent income tax from" indicates to me that there is something in addition to a copy of the tax return that the embassy wants. I might be reading too much into your quote or I might be losing some of the context from not seeing the entire document, but it might be useful to ask the embassy for clarification.

I believe that there are circumstances where you can file your tax return without a W-2 (e.g. the employer did not send me a W-2 and they are no longer in existence), but it is not the typical situation and it would probably be prudent to include an explanation to the Internal Revenue Service ("IRS") as to why there is no W-2 in those circumstances. It would also be prudent to look into the rules a bit more before going down that route.

Regardless of which tax return the embassy wants, the standard instructions (at least for the spousal visa) say that for tax information you must send either (i) a copy of the tax return your filed, a copy of your W-2 AND copies of all Form 1099s you received for that year or (ii) a copy of the tax transcript for that year from the IRS (see page 8 of the Form I-864 instructions at http://www.uscis.gov/files/form/I-864.pdfat page 8, item 25). Of course, if your embassy has different instructions, then you should follow what your embassy requires.

The W-2 and 1099 represent different forms of income you received. The Form 1099 will be things like interest received from your bank accounts (1099-INT), dividends or capital gain income received from your stock investments (1099-DIV), miscellaneous income (1099-MISC), etc. There could be several 1099s that your significant other might need for the tax return or he/she might not have any of this type of income and might not get any 1099s (though many people do get 1099s)

Hope things go well for you.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Hello everybody ... i have small question and i need advice ... i had my interview 13 jan 2009 and i got approved .. but they ask me to send tax return 2008 from my wife or Joint sponsor , so coz my wife make enough income and we dont have Joint sponsor we decided to send tax return 2008 but we confused about something that paper i have from the embassy said ( copies of the fedral tax returns ( form 1040 ) and the most recent income tax from :- sponsor or joint sponsor ) and we dont know this well be include w-2 cuz the w-2 will take time almost 20 day's till i have this but 1040 easy to get .. so i can send 1040 only without w2 or i need to wait till we get w-2 ..... thank you

Did you receive the visa yet? Or they will send you a visa ONLY after they get your wife's 2008 tax return?

I'm confused and worried now since my wife will have an interview in Montreal next week.

I'm unable to file 2008 tax return since the W2 is not available till early February.

It seems asking for 2008 tax return is unreasonable and unjustified. Though, I sent them my 2005,2006,2007 tax return already, I have printed out my pay stubs for the last 3 years to show just in case. Thanks

Filed: Citizen (apr) Country: Malaysia
Timeline
Posted
Hello everybody ... i have small question and i need advice ... i had my interview 13 jan 2009 and i got approved .. but they ask me to send tax return 2008 from my wife or Joint sponsor , so coz my wife make enough income and we dont have Joint sponsor we decided to send tax return 2008 but we confused about something that paper i have from the embassy said ( copies of the fedral tax returns ( form 1040 ) and the most recent income tax from :- sponsor or joint sponsor ) and we dont know this well be include w-2 cuz the w-2 will take time almost 20 day's till i have this but 1040 easy to get .. so i can send 1040 only without w2 or i need to wait till we get w-2 ..... thank you

Don't forget some people get 10-99's vs W-2s. either way, you guys are correct, 2007 tax year should be anyone's most recent return. But W-2s and 10-99s will be generated by the end of this month. and if someone files right away, you should have the 2008 tax year returns in a jiffy.

 
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