DENIED :( :(

[Beau79 0]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

It's unfair that just 4 weeks ago she received information about her interview, where it was, and what to bring. If the tax returns are something they want to see, as in most up to date, one would imagine that they could have requested "bring most recent tax return documents" and this would NOT have happened. There is a due date for that reason, not everyone can have their taxes done well before the due date, especially if you own multiple businesses or have shares in corporations. Either way I've made well above the poverty guidelines and I thank you for your advice. I will keep everyone posted.

From the I-964 instructions:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photo copies of your Federal individual income tax returns for the three most recent years.

The "most recent tax year" for the US is 2008. The filing due date for 2008 is April 15th, but the tax year has been over since December. I understand that some may not be able to complete their filings until the due date, or close to, but given given that the information they have for you is more than a year out-dated, and you can come up with updated information in a short period of time (you have to file in two weeks anyways) I don't think its unreasonable to request this year's tax returns.

good luck and a speedy reunion to you and your wife.

-p

On the other hand, from the Adjudicator's field manual:

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing fo r the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

Example 1 : Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

Example 2 : Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

Example 3 : Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

Good luck to you OP, I hope you don't mind i'm going to post your post in the Canada forum.

Feel free. Thanks for your help

[Beau79 0]

No need to mail it in. Do it online for free at www.turbotaxonline.com. It is very easy to use. Just print out a copy of your returns and send in your w-2's with it. That's all. Takes just a couple of hours and you are done. Good luck.

But what would you suggest in my case? I didn't make over the amount for the 2008 year as I was out of the country for the majority of the year. What's the most important thing that they look at? Last year's return, or the fact that I'm currently employeed and in good standing? If this all boils down just last year's returns, I think that's so crappy because that would require me to add sponsors.

Thanks for any help guys!

I'm not very familiar with what they'd accept. Possibly a letter from your employer stating that you were on leave last year, verifying the drop in 2008 overall income. WIth that I'd include current or most recent stubs, showing that your pay is now back to normal and will continue there. I'm back in school full-time, so my 2008 income has also dropped, which as me worried. It's above the minimum, but its dropped vs. 2007. Good luck. Email the consulate? See what they have to say.

[^KK^ 3]

You were not Denied...rather delayed. Best wishes.

[Beau79 0]

Below is my conversation with the Montreal Consulate. Not much progress.

-----Original Message-----

Sent: Monday, March 30, 2009 1:54 PM

To: Montreal, IV

Subject: Case # -

Dear Sir or Madam:

My wife had her interview at the Consulate in Montreal

this morning. The consulate/officer has requested my financial

documents for the 2008 calendar year.

I was unaware that she would need to present these documents at the

time of the interview, as my 2008 tax returns have not been prepared.

Would you accept or consider my W-2's and paycheck stubs as evidence

that I earned above the poverty guidelines for 2008? I have these

documents readily available.

I hope to hear from you soon!

On Mon, Mar 30, 2009 at 2:12 PM, Montreal, IV <Montreal-IV-DV@state.gov> wrote:

You also need a joint sponsor.

Please follow instructions on the refusal sheet & mail

Op3

Dear Sir or Madam:

I am a bit confused about why I would require a joint sponsor. My income for 2008 (and 2009) will demonstrate that I earned above the poverty guidelines at 125%. I have no children or any other dependents. I would appreciate it if you could review my file again.

Thank you!

-------------------------

On Mon, Mar 30, 2009 at 3:22 PM, Montreal, IV <Montreal-IV-DV@state.gov> wrote

Please mail & the consul will check your file

Op3

[Y's_habibitk 2]

Below is my conversation with the Montreal Consulate. Not much progress.

-----Original Message-----

Sent: Monday, March 30, 2009 1:54 PM

To: Montreal, IV

Subject: Case # -

Dear Sir or Madam:

My wife had her interview at the Consulate in Montreal

this morning. The consulate/officer has requested my financial

documents for the 2008 calendar year.

I was unaware that she would need to present these documents at the

time of the interview, as my 2008 tax returns have not been prepared.

Would you accept or consider my W-2's and paycheck stubs as evidence

that I earned above the poverty guidelines for 2008? I have these

documents readily available.

I hope to hear from you soon!

On Mon, Mar 30, 2009 at 2:12 PM, Montreal, IV <Montreal-IV-DV@state.gov> wrote:

You also need a joint sponsor.

Please follow instructions on the refusal sheet & mail

Op3

Dear Sir or Madam:

I am a bit confused about why I would require a joint sponsor. My income for 2008 (and 2009) will demonstrate that I earned above the poverty guidelines at 125%. I have no children or any other dependents. I would appreciate it if you could review my file again.

Thank you!

-------------------------

On Mon, Mar 30, 2009 at 3:22 PM, Montreal, IV <Montreal-IV-DV@state.gov> wrote

Please mail & the consul will check your file

Op3

that last one was real helpful

I would mail in what you have then follow up with them, but prepare the return just in case.

Keep us posted.

[Old Dominion 26]

Lots of luck getting your tax accountant to rush your return this close to the deadline. Many of them are already way behind and are asking for extensions. The consulate in Montreal is just a phone call away....

[soniew910 0]

Before they do that, they have to mail a notice of intent to deny (noid), in which you will get 30 days to respond with the new evidence.

[trailmix 77]

Lots of luck getting your tax accountant to rush your return this close to the deadline. Many of them are already way behind and are asking for extensions. The consulate in Montreal is just a phone call away....

Old Dominion - the consulate in Montreal is not just a phone call away - they do not take calls.

To the OP - they are not helpful, the response you got is no surprise. I can imagine the person who received your email going over to the CO and saying 'hey, this guy says he doesn't think he needs a co-sponsor' - the CO replies, without looking up - tell him to send the details and i'll look at it.

You have 2 options really:

1. Get the tax return done, submit a copy of your tax return and all supporting slips for 2008 - write a letter with it explaining that you would prefer to not get a co-sponsor and that you believe that your income is sufficient.

2. Get a cosponsor.

Now if you go with option 1 you may or may not cause a delay if they insist on a cosponsor. What exactly did the note they gave at the consulate say?

[bayojona3231 4]

That really sucks. I've also only sent the tax returns for 2005, 2006, and 2007. I applied for a CR1 for my wife, and if they now require me to add the 2008 papers, that will really mess things up. I currently make well over the poverty guidelines, and I also made over those numbers in 2007. But in 2008 I was out of the country most of the year. Will this ruin things and make me have to get a co-sponsor even though I currently make over the required amount? If I have to get a co-sponsor will I now have to redo all my I-864 papers so that those numbers match too? This sucks!

I mean, had I known that they would pull this, I would have turned my world upside to get my returns done for the interview. I would suggest you do the same, why give them the opportunity to delay things if you can avoid it. She doesn't know what I earned for 2008, so she told my wife that if I didn't make the limit, I would need a co-sponsor. I would seek professional advice or advice from members more familiar here.

Getting your taxes done does not take forever. I jsut finished doing one for a client with 2 W2s, 5 1099 MISC,schedules A, E and C . I efiled it and I should have the acceptance by tonight. It would be ready for his wife's interview at USEM in Manila on April 13. Do not give the Embassies any reason to do this kind of thing to you. I am sure you can get it done. GOOD LUCK.

[hargis 0]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

They are also wanting to make sure you have paid your incom tax. That is what they are doing. it happened to another

couple in Vietnam. Because he had not paid the incom tax due they were denied.

[JeroenAndMichelle 28]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

It's unfair that just 4 weeks ago she received information about her interview, where it was, and what to bring. If the tax returns are something they want to see, as in most up to date, one would imagine that they could have requested "bring most recent tax return documents" and this would NOT have happened. There is a due date for that reason, not everyone can have their taxes done well before the due date, especially if you own multiple businesses or have shares in corporations. Either way I've made well above the poverty guidelines and I thank you for your advice. I will keep everyone posted.

From the I-964 instructions:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photo copies of your Federal individual income tax returns for the three most recent years.

The "most recent tax year" for the US is 2008. The filing due date for 2008 is April 15th, but the tax year has been over since December. I understand that some may not be able to complete their filings until the due date, or close to, but given given that the information they have for you is more than a year out-dated, and you can come up with updated information in a short period of time (you have to file in two weeks anyways) I don't think its unreasonable to request this year's tax returns.

good luck and a speedy reunion to you and your wife.

-p

On the other hand, from the Adjudicator's field manual:

The sponsor must submit with the Form I-864 the sponsor's U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing fo r the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

Example 1 : Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

Example 2 : Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

Example 3 : Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

Good luck to you OP, I hope you don't mind i'm going to post your post in the Canada forum.

Don't forget it is also completely legal to have a time extension, like my wife and I currently have.. we do not have to file until October 15 of this year.. what if the OP's sponsor had that, then there would be no way of giving the most current year.

[Old Dominion 26]

Lots of luck getting your tax accountant to rush your return this close to the deadline. Many of them are already way behind and are asking for extensions. The consulate in Montreal is just a phone call away....

Old Dominion - the consulate in Montreal is not just a phone call away - they do not take calls.

To the OP - they are not helpful, the response you got is no surprise. I can imagine the person who received your email going over to the CO and saying 'hey, this guy says he doesn't think he needs a co-sponsor' - the CO replies, without looking up - tell him to send the details and i'll look at it.

You have 2 options really:

1. Get the tax return done, submit a copy of your tax return and all supporting slips for 2008 - write a letter with it explaining that you would prefer to not get a co-sponsor and that you believe that your income is sufficient.

2. Get a cosponsor.

Now if you go with option 1 you may or may not cause a delay if they insist on a cosponsor. What exactly did the note they gave at the consulate say?

They take phone calls only at selected times: 514.398.9695

[movingsoon1 0]

Beau 79,

you were not denied. Just give them what they want. Get it in as quick as you can but don't panic. I was in the same situation, gave them the financial proof and was approved. My fiance and I went through incredible stress, so worried that I would not get the visa. Don't stress! Just focus on what you need to do - give them the 2008 tax return.

[Beau79 0]

I swear this is the family I was missing. You all have been VERY helpful.

Here is my game plan.

1. I am sending them my 2008 Returns - I just confirmed, they are more than three times the required minimum.

2. I am getting my co-sponsor to submit an I-864 (to avoid delays) and provide income tax returns for 2004-2007. He filed for an extension, so I will have to figure out HOW to prove that his 2008 returns won't be ready until October of this year.

My accountant is preparing my tax return TONIGHT, he will then overnight first thing tomorrow. I will take the return and go to the local IRS office and submit them(I am currently in NYC for school) so once I have the returns stamped, I will overnight them to my wife ALONG with my I-864 from my co-sponsor to my wife in Toronto, who will THEN overnight along with her passport along with some paperwork they gave her today to Montreal.

How can I prove to them that my co-sponsor will not have his 2008 returns until October. It is totally legal. His income is more than 25 times the required limit on average the past 4 years.

Please folks, if you notice an issue with my logical, please feel free to PM me.

Again I appreciate all of your help!!

[jboy119 0]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Sorry to hear that... I hope I don't run into the same problem. My 2008 is going on extension until the fall.