3 yrs of 1040+title of US house submitted, but case was suspended

[crosi 0]

Hi all. I went to take an interview for IR-1 at the embassy in Paris. And this is what happened.

I submitted all the required documents and I was called to the window for an interview (I went alone since he just started working in the US.) When the consul was checking the I-864 with the supporting documents, I had a problem.

My husbund, US+Fr dual citizen, declared his french income portion to french government and US income portion to IRS. I knew that he had to report his french income to the IRS as a good US citizen but he didn't. We thought we are OK since he owns a house in the US so he can qualify as a sponsor.

WRONG!

She asked me why he didn't declare his french income to the US government. I explained. She requested to re submit the federal returns. Now he has to amend 3 years of his federal tax returns, reflecting his french income.

Now my case is suspended until we submit the additional documents. I am stuck in France.... We rented our french apartment a few days ago and I am staying at my friend's and nowhere to go....

I read old threads about supporting documents for the affidavit of support. They prefer the "transcripts" of the return as an evidence.

The paper I received from the embassy says;

"Signed copies of your sponsor's US federal income tax returns, IRS forms 1040, with all supporting schedules. IRS printouts are acceptable."

My husbund started filling out the forms to amend 1040 and will finish it this weekend. I was told by IRS to get an IRS transcript with the changes will take 16 weeks or more. But if possible, I would like to avoid to wait another 16 weeks in France alone.

My questions are;

- The new forms (amended federal tax returns) with his signature is enough as an evidence?

- If he goes to the IRS office and submit the forms, can he get a receipt? (so that the consul knows that he's paying his responsibility as a good US citizen.)

- Or is there any other way to get a receipt or some kind of acknowledgement? Is there any special agent or company who can issue an receipt?

I am very stressed out on this situation and I would really appreciate if anyone can give me some advise. Thank you.

[txladykat 1]

All you need is the amended returns, you don't need to show evidence of payment of taxes. I may be mistaken, but I don't think a tax transcript shows the amendment anyways, it only shows the original return, so a transcript wouldn't be very helpful anyways.

Ok, I checked, and yes, i was right. A tax transcript does not show amendments, if you want that, you have to ask for a tax accounting. So, just copies of the signed amended returns should suffice.

http://www.irs.gov/taxtopics/tc156.html

A transcript may be an acceptable substitute for an exact copy of a return by the United States Citizenship and Immigration Services and lending agencies for student loans and mortgages. A "tax return transcript" will show most line items contained on the return as it was originally filed. If you need a statement of your tax account which shows changes that you or the IRS made after the original return was filed, however, you must request a "tax account transcript

[crosi 0]

txladykat,

Thank you so much for your reply.

It looks like you were right about the proof of payment is not neccesary. Because just now I received an email from the embassy that my visa is granted!!!

After reading your post, we sent the additional documents (for the past 3 years) as follows (I am writing so it might help for others);

- 1040x amended income tax returns (scanned the pages with my husband's signature)

- new 1040s

- 2555

- 1116

- copies of French income tax return

- a letter from my husband to explain how he amended his returns and why the amount of adjusted

gross income remained as the same (because of foreign income tax exclusion)

I did not include a receipt of mailling since he didn't go to the post office yet. I included all the forms since I did not want to waiste more time communicating with the embassy for yet another request with "additional documents.". After I submitted all the documents by email (there were 46 attachments!), they replied on the next morning that they could not open one file and additionally they requested a copy of my husband's payslip. However he just started his new job in the US 4 days ago so he didn't get paid yet. So I explained there is no pay slip yet

but they can call the employer which was written in the affidavit of support form to varify his employment. My husband asked his employer to make a letter of employment just in case, but before the letter is finished, we received a good news.

I just wanted to thank everyone in this forum to provide useful information and educate me for the immigration issues!