I'm now in NVC I-864 hell

[magdasal 19]

I need some help. I sent the wrong version of my tax returns to the NVC. I'm self-employed and was providing the 2010 returns to prove my income. I also provided evidence that I had enough assets to sponsor on assets alone, in case they felt my 2010 income wasn't enough. I was waiting for paperwork (tax transcripts, etc) to put my I-864 together and did my 2010 taxes at the same time I was filling out the I-864. Well, I did my taxes then discovered I left a pitiful $16 of interest income off my income. Then I redid my tax forms with the additional $16, but somehow put the original version (without the additional $16 of interest income) in the I-864 package. The correct version of the forms I sent to the IRS. So, I corrected the I-864 to show the additional $16, but sent the wrong return with the I-864 form.

Also, I filed single, planning to send an amended return to include my wife in the household once she got her SSN...I didn't want to wait to get an ITN to get this out. Well, NVC flagged that as well. Too late, because the IRS has already processed the 1040.

NVC has reviewed the financial evidence submitted. However, additional information is required to

complete the financial evidence review. The checklist below indicates missing or incomplete

documents. In order to make corrections you will need to download a new form at

www.ImmigrantVisas.state.gov. You will need to complete and submit a new form with the changes

noted below. Please provide all requested documents and refer to page two for mailing instructions.

Part 6 Sponsor's Income and Employment

[x] __XXXXXXXX___________'s income indicated on the I-864 Part 25 does not correspond to that shown on the

most recent tax return and W-2(s).

[ ] DO NOT CHECK THIS LINE OR THE LINES BELOW

[ ] Information provided for W-2 income: ___________________________________

[ ] Information provided for scheduled income: ___31150__________________

[ ] Information provided for gross income: ___31166___________________________

[ ] Information provided for adjusted gross income: __28965___________________________

[ ] Information provided for household size: ____1___________________________

[ ] DO NOT CHECK THIS LINE OR THE LINES ABOVE

Part 7 Use of Assets to Supplement Income

[K8G 04/13/2011] MNLXXXXXXXXXX

Please, any advice would be appreciated! This screw up makes me sick!

Edited April 15, 2011 by magdasal

[Norwood 6]

I'm there too!

I got an RFE email saying my I-864 has errors, then I called an operator and he said Manila is one of the Embassies that doesn't need a complete NVC file before scheduling interview. He said he was forwarding my case to his supervisor for review and interview scheduling.

Call NVC and see what they tell you.

[magdasal 19]

I'm there too!

I got an RFE email saying my I-864 has errors, then I called an operator and he said Manila is one of the Embassies that doesn't need a complete NVC file before scheduling interview. He said he was forwarding my case to his supervisor for review and interview scheduling.

Call NVC and see what they tell you.

Yeah, I hear ya. This was my mistake and it's bugging the hell out of ms. I really want the interview to go smooth...I included all of the extra evidence that I had support covered both ways so the CO at the interview would have no choice but to accept that I could support my wife.

Now I blew this one. All I can think of is to send the correct 1040 with a letter explaining how I botched it...and it will look lame as hell. Nothing I can do. It also really bothers me that they decided to throw in my decision to file single until my wife gets here. I didn't want to wait for an ITN (and possibly get denied)...I wanted to get this finished fast and heard of many people who were never questioned about filing single until their wife gets an SSN. But they dinged me for it...probably because I opened the door for them with the other error. Geez!

Well, I'm going to get this straight with the NVC, one way or another, before I schedule an interview. I just don't want this to be an issue during the interview or give the CO any excuse for demanding a joint sponsor. I worked very, very hard to avoid that and delayed my petition by a month so I could get all of the evidence to prove it.

But, it was my dumb mistake, so whatever happens, I'm going to have to eat it.

Edited April 15, 2011 by magdasal

[Norwood 6]

Did your line 23 equal line 25 for your most recent tax year?

[magdasal 19]

Did your line 23 equal line 25 for your most recent tax year?

Hi Norwood,

No it didn't...it was $16 off because of the bank interest I forgot to include when I originally filled out the form. I just sent them the wrong copy of my taxes. I caught that before I sent the I-864 package out and corrected on the I-864, but somehow put the old uncorrected copy back in the I-864 package I sent out...so the I-864 doesn't match the 1040 I sent them.

The one that is really giving me grief though, is the household size. I filed single and they listed that as a problem. I don't know what I'm going to do about that.

[Done--Really 331]

Virtually impossible for an ITIN to be denied

[bigbigblake 2]

Virtually impossible for an ITIN to be denied

The hardest part is having the original copy of their passport at the tax office and making it thru the LINE. Omg that line was so horrid 2 years ago. Not recommended during the tax season.

[magdasal 19]

Thanks for the replies folks.

OK, I called the NVC just to confirm and yes, the Household size must match between the tax form and the I-864...i.e., according to the NVC, it is impossible for a CR-1 to get a tax return accepted for financial evidence if you filed that return as single (assuming you were married during that tax year). So, an ITIN is a must have. Now I have to see if I can get an ITIN while filing an amended return.

[Sergi9 110]

Thanks for the replies folks.

OK, I called the NVC just to confirm and yes, the Household size must match between the tax form and the I-864...i.e., according to the NVC, it is impossible for a CR-1 to get a tax return accepted for financial evidence if you filed that return as single (assuming you were married during that tax year). So, an ITIN is a must have. Now I have to see if I can get an ITIN while filing an amended return.

Not sure what all the fuss is about. Fix the return to Married filing separately, or Joint, attach copy of W-7 make copies of all send one set to NVC and send the other off to IRS. Or go to local IRS Service Center and drop it off, they will time and date stamp it. You don't have to wait to file Tax Return until after you get ITIN,nor should you have to wait to get ITIN to send correct I864 and Tax forms to NVC.

Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original, notarized, or certified proof of identity and foreign status documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. Taxpayer Assistance Centers (TACs) in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS's ITIN Unit in Austin issues all numbers by mail

Edited April 15, 2011 by Sergi9

[magdasal 19]

Hi Sergi9,

Most of the fuss is that I don't know what I'm doing yet...but your information was great. Think is, I've already filed by 2010 1040 (I'm self employed), so I'll have to file an amended return.

Looks like my wife will have to go to the Manila Embassy to get a certified copy of the passport and send to me.

Other than that, I should just be able to send in the amended return as soon as I get her docs (W-7 and certified copy of passport) and send that off to NVC as well...not too bad.

Thank you!

[J e n n y 26]

Thanks for the replies folks.

OK, I called the NVC just to confirm and yes, the Household size must match between the tax form and the I-864...i.e., according to the NVC, it is impossible for a CR-1 to get a tax return accepted for financial evidence if you filed that return as single (assuming you were married during that tax year). So, an ITIN is a must have. Now I have to see if I can get an ITIN while filing an amended return.

I filed single on my 2010 tax return and NVC gave me no problems. If you take a look at your W-4 form, which everyone has to fill out, you will see that it states the following: Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.

Yes, you can do the ITIN thing if you choose to do so, but it is not necessarily the only option. Also, I wouldn't take anyone's tax advice on this forum. Each person's situation is different, so I would suggest you speak to a tax professional.

[Used to be broken 147]

I filed single on my 2010 tax return and NVC gave me no problems. If you take a look at your W-4 form, which everyone has to fill out, you will see that it states the following: Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.

Yes, you can do the ITIN thing if you choose to do so, but it is not necessarily the only option. Also, I wouldn't take anyone's tax advice on this forum. Each person's situation is different, so I would suggest you speak to a tax professional.

Good point about the Tax advice from Tax Professionals, sounds like from the OP's post the NVC was pretty clear they wanted his tax return to add up correctly for the next step in his VISA Journey, its clear NVC didn't like his filing status. NVC and Consulates "like" married couples to file joint returns, and it is their process so we advise working with it instead of against it. Joint tax returns are evidence in the process of the financial co-mingling requirement for the CR1. Therefore checking the Single box anywhere would be counter productive to the process, IMHO.

I didn't see any tax advice here, just how to respond to the RFE and complete the I-864 requirements.

I would agree that Tax Advice should be given by a Tax Pro too....good reminder. If OP needs to Tax advice check out the Off Topic forum

Edited April 16, 2011 by brokenfamily

[magdasal 19]

I filed single on my 2010 tax return and NVC gave me no problems. If you take a look at your W-4 form, which everyone has to fill out, you will see that it states the following: Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.

Yes, you can do the ITIN thing if you choose to do so, but it is not necessarily the only option. Also, I wouldn't take anyone's tax advice on this forum. Each person's situation is different, so I would suggest you speak to a tax professional.

Thanks for the reply Jenny...I thought that was right too. So I filed single and they explicitly said that the household size must match between the 1040 and the I-864 and cited that in the checklist...I don't know how I can get around it now. They also confirmed that when I called and questioned them.

Maybe they looked at it in my case because I had that really dumb $16 error and you didn't have one...also, I'm self-employed, and that 1040 is really the only way to establish my income level...so they made a point of looking at it...either way, they did and they dinged me for it.

[Jim Brown 5]

I -just- filed my taxes two days ago at the Embassy in London with my wife, with her filing for an ITIN at the same time. They indicated that it was going to be 12 weeks before the ITIN app was processed and then sent to the IRS. Does this mean that NVC will wait until they get my return from the IRS before they approve our petition? I should be getting NOA2 within the week, and we were hoping to move through the NVC and the interview process by August. Is that still feasible?

Thanks,

-Jim

[magdasal 19]

I -just- filed my taxes two days ago at the Embassy in London with my wife, with her filing for an ITIN at the same time. They indicated that it was going to be 12 weeks before the ITIN app was processed and then sent to the IRS. Does this mean that NVC will wait until they get my return from the IRS before they approve our petition? I should be getting NOA2 within the week, and we were hoping to move through the NVC and the interview process by August. Is that still feasible?

Thanks,

-Jim

I don't think so. They accept what you send them and go with that. That's the impression they gave me, anyway, when I talked to them. The tier1 I talked to just said correct it and send it in...just make sure and send to the IRS too. They take a signed tax return as proof enough...though, I'm sure they have the option to check up on it later.