I864 RFE

[AandT 2]

Hello

So my husband (USC) sent the I-864 to the NVC the end of January (fees paid; everything else submitted by me). He had worked in Canada for about year in so he included the necesssary Canadian tax documents and the US ones. He accidently missed his US one for 2009, so we received a letter indicating this, and he sent it in about a week or so ago. This was the only thing missing as indicated on the letter (email) we received.

Now yesterday, we get a letter saying we need to submit his tax summary for 2011?! (Sorry - I forget what its called). This was not mentioned on the previous request and he just submitted his federal taxes for 2011, but he figures it will take 3-5 weeks to hear anything from the IRS. So we need to wait for this? It just seems strange that it wasn't included on the first letter...anyway, maybe there isn't anything we can do (or maybe we made a mistake?) but this seems like an unnecessary delay. Very annoyed that it wasn't mentioned on the first letter we received...

Any insight would be appreciated!

Thank you,

Amanda

[decocker 7,198]

he just submitted his federal taxes for 2011, but he figures it will take 3-5 weeks to hear anything from the IRS.

Did he file via mail or use a program like turbotax? Just send in a copy of the return he recently sent to the IRS.

[AandT 2]

Did he file via mail or use a program like turbotax? Just send in a copy of the return he recently sent to the IRS.

He sent it in the mail (don't even ask - lol). They told him it can't be his return (he called NVC this morning) and it has to be what you get back from the IRS...??

[Saylin 1,605]

Hello

So my husband (USC) sent the I-864 to the NVC the end of January (fees paid; everything else submitted by me). He had worked in Canada for about year in so he included the necesssary Canadian tax documents and the US ones. He accidently missed his US one for 2009, so we received a letter indicating this, and he sent it in about a week or so ago. This was the only thing missing as indicated on the letter (email) we received.

Now yesterday, we get a letter saying we need to submit his tax summary for 2011?! (Sorry - I forget what its called). This was not mentioned on the previous request and he just submitted his federal taxes for 2011, but he figures it will take 3-5 weeks to hear anything from the IRS. So we need to wait for this? It just seems strange that it wasn't included on the first letter...anyway, maybe there isn't anything we can do (or maybe we made a mistake?) but this seems like an unnecessary delay. Very annoyed that it wasn't mentioned on the first letter we received...

Any insight would be appreciated!

Thank you,

Amanda

If it doesn't specifically ask for a tax transcript, then he can just send a copy of his 1040, all his W2s, and any other schedules that were submitted. Then, at the time of the interview, bring the 2011 tax transcript as he should have plenty of time to get that before the interview date.

What probably happened is they didn't notice (or didn't care) that 2011 tax information wasn't there (even though, technically, it shouldn't be asked of until after April 17th). And then, when they went over the AOS package a second time after the missing documents were sent in, that's when they discovered it and issued another checklist.

You can always try calling NVC, speaking to a supervisor, and saying that NVC shouldn't be asking for 2011 tax information as taxes aren't due until April 17th this year. Might be worth a shot. If it works, then they can complete your case (if you've sent in the IV package and it's been accepted).

He sent it in the mail (don't even ask - lol). They told him it can't be his return (he called NVC this morning) and it has to be what you get back from the IRS...??

Oh, if they won't accept his tax return plus W2s, then unfortunately, you have no choice but to wait for IRS to process his return, and then request for a tax transcript.

I'd suggest calling NVC a couple of times to confirm they won't accept anything but the tax transcript. Their answers vary...

[AandT 2]

If it doesn't specifically ask for a tax transcript, then he can just send a copy of his 1040, all his W2s, and any other schedules that were submitted. Then, at the time of the interview, bring the 2011 tax transcript as he should have plenty of time to get that before the interview date.

What probably happened is they didn't notice (or didn't care) that 2011 tax information wasn't there (even though, technically, it shouldn't be asked of until after April 17th). And then, when they went over the AOS package a second time after the missing documents were sent in, that's when they discovered it and issued another checklist.

You can always try calling NVC, speaking to a supervisor, and saying that NVC shouldn't be asking for 2011 tax information as taxes aren't due until April 17th this year. Might be worth a shot. If it works, then they can complete your case (if you've sent in the IV package and it's been accepted).

Oh, if they won't accept his tax return plus W2s, then unfortunately, you have no choice but to wait for IRS to process his return, and then request for a tax transcript.

I'd suggest calling NVC a couple of times to confirm they won't accept anything but the tax transcript. Their answers vary...

Thank you so much! He did send in his W2 for 2011...so they had that in January (and didn't care the first time, like you said). We will call back! The IV package has been sent in and accepted. Thank you again

[decocker 7,198]

don't they normally request three years worth of tax transcripts, if so, they should accept your husband's 2008 transcript, right? you'd be able to provide 2008, 2009, and 2010.

i don't see how they can require this year's return of you when the IRS hasn't required it yet!

(ever since i started this visa dance - i've used turbo tax, because you have a copy of your return as soon as you file and i never get anything back from the irs, but $$ - direct deposit pls )

[Saylin 1,605]

Thank you so much! He did send in his W2 for 2011...so they had that in January (and didn't care the first time, like you said). We will call back! The IV package has been sent in and accepted. Thank you again

Ah, see, if your husband submitted his 2011 W2, they requested the tax return as it's missing. When submitting tax information, it's either tax transcripts OR tax returns and W2s (plus schedules if applicable). They probably missed it the first time, but like I said, after getting your missing documents, that's when they probably realised the 2011 tax return was missing. If he hadn't sent in the 2011 W2, it probably would have been fine.

You can always try calling and telling them to disregard the 2011 W2 as you didn't want to submit 2011 tax information yet.

don't they normally request three years worth of tax transcripts, if so, they should accept your husband's 2008 transcript, right? you'd be able to provide 2008, 2009, and 2010.

i don't see how they can require this year's return of you when the IRS hasn't required it yet!

(ever since i started this visa dance - i've used turbo tax, because you have a copy of your return as soon as you file and i never get anything back from the irs, but $ - direct deposit pls )

They either want the last year's tax information, or the last three. Up to you. But I always suggest the last three as it covers all bases.

And even though you use Turbo Tax and have a copy of your tax return, NVC (and most consulates/embassies) much prefer tax transcripts as it means IRS has accepted your tax return and amended any numbers from your tax return if they saw mistakes.

[AandT 2]

Ah, see, if your husband submitted his 2011 W2, they requested the tax return as it's missing. When submitting tax information, it's either tax transcripts OR tax returns and W2s (plus schedules if applicable). They probably missed it the first time, but like I said, after getting your missing documents, that's when they probably realised the 2011 tax return was missing. If he hadn't sent in the 2011 W2, it probably would have been fine.

You can always try calling and telling them to disregard the 2011 W2 as you didn't want to submit 2011 tax information yet.

So could he submit his tax return (that he sent to the IRS) along with the W2? The tax transcript is what he submitted for the other years. Or just call and see if they will disregard the 2011 W2? Hmmm...maybe we will try that. Thanks again!

[Saylin 1,605]

So could he submit his tax return (that he sent to the IRS) along with the W2? The tax transcript is what he submitted for the other years. Or just call and see if they will disregard the 2011 W2? Hmmm...maybe we will try that. Thanks again!

First try calling and seeing if they can disregard the W2 and just look at his 2008, 2009, and 2010 tax information. If not, then he just has to submit his tax return, W2s, and other schedules (if applicable) for 2011.

[AandT 2]

First try calling and seeing if they can disregard the W2 and just look at his 2008, 2009, and 2010 tax information. If not, then he just has to submit his tax return, W2s, and other schedules (if applicable) for 2011.

Thank you so much!

[Saylin 1,605]

Thank you so much!

Good luck!

[AandT 2]

So my husband called back (to the NVC) yesterday, asked to speak with a supervisor. This is what he emailed me...

"No go on any options. We have to wait.... until my return gets processed. The reasoning given is that it is mid of Feb and the system is set-up for certain items to be requested when certain dates along a calendar year are met."

Still doesn't sound right to me since taxes aren't even due...

They wouldn't disregard the W2 for 2011 nor would they accept his tax return. They told him it has to be the tax transcript...

[Saylin 1,605]

So my husband called back (to the NVC) yesterday, asked to speak with a supervisor. This is what he emailed me...

"No go on any options. We have to wait.... until my return gets processed. The reasoning given is that it is mid of Feb and the system is set-up for certain items to be requested when certain dates along a calendar year are met."

Still doesn't sound right to me since taxes aren't even due...

They wouldn't disregard the W2 for 2011 nor would they accept his tax return. They told him it has to be the tax transcript...

That's messed up. In the I-864 instructions it says they'll accept tax transcripts OR tax returns, W2s, and any other schedules... You can always try sending in copies of the tax return and W2. The worst that can happen is they reject it and request for the tax transcript. But on the other hand, maybe you'll get a nice reviewing officer who does accept it. That way, while you're waiting for his tax return to be processed at IRS, you're not wasting any time. There's a chance it could be accepted.

[AandT 2]

That's messed up. In the I-864 instructions it says they'll accept tax transcripts OR tax returns, W2s, and any other schedules... You can always try sending in copies of the tax return and W2. The worst that can happen is they reject it and request for the tax transcript. But on the other hand, maybe you'll get a nice reviewing officer who does accept it. That way, while you're waiting for his tax return to be processed at IRS, you're not wasting any time. There's a chance it could be accepted.

Thanks again - he's going to send in his tax return and W2 today. Fingers crossed!

[Saylin 1,605]

Thanks again - he's going to send in his tax return and W2 today. Fingers crossed!

Good luck! Report back to us how it went!