Lack of ITR

[twentysomething gal 0]

This is the one of the problems I am facing now with my application. My fiance already has an interview date this coming December 19. Knowing that the affidavit of support should come with the latest ITR (some people even say it should include ITRs from the past 3 years), I wont be able to attach one since I only started working last January 2006. My first ITR will not be due and filed until January 07, half a month past his scheduled interview.

I do, however, have bank statements, actual payslips and certification from my employer about by job, startdate salary and position.

Will this in anyway will affect the approval of my fiance's application?

[heathius 0]

You will need to submit your most recent transcript (2005 in your case), regardless of what it shows. Unless you have a major delay of your interview, there is not much you can do.

It won't matter too much that your transcript doesn't show your qualified earnings from your new job, as long as you can back it up with pay stubs, employer letter, and bank statements showing a regular pay deposit history.

Edited November 1, 2006 by heathius

[Yodrak 7]

twentysomething gal,

Did you provide a statement explaining why you have not yet been required to prepare an income tax return in lieu of providing income tax returns?

Yodrak

This is the one of the problems I am facing now with my application. My fiance already has an interview date this coming December 19. Knowing that the affidavit of support should come with the latest ITR (some people even say it should include ITRs from the past 3 years), I wont be able to attach one since I only started working last January 2006. My first ITR will not be due and filed until January 07, half a month past his scheduled interview.

I do, however, have bank statements, actual payslips and certification from my employer about by job, startdate salary and position.

Will this in anyway will affect the approval of my fiance's application?

[chuckandkim 0]

Did you work last year, if yes then you should file your 2005 in April 2006. If you didn't, then really, like Yordak said: explain it to the consulate/embassy why you don't have IRT. Sometimes, being a full-time student, who gets no incomes, it will be tough to file an ITR (for example). Last but not least: you can not submit what you do not have!

[twentysomething gal 0]

Did you work last year, if yes then you should file your 2005 in April 2006. If you didn't, then really, like Yordak said: explain it to the consulate/embassy why you don't have IRT. Sometimes, being a full-time student, who gets no incomes, it will be tough to file an ITR (for example). Last but not least: you can not submit what you do not have!

I worked in the Philippines last year (05), then I started working first time in the US last January 06. So technically I dont have 05 transcripts to show unless they request for the previous year tax returns from the Philippines which would reveal a ridiculously lower income, much lower than the poverty line as required by USCIS. This year though, working here int he US, I met the income requirement.

YODRAK, I think you're right... I should just draft a letter or something that would explain why I couldn't provide an ITR yet so that my fiance can bring it during his interview.

Thanks guys for your replies. very much appreciated!

[twentysomething gal 0]

I got a reply from NVC...i think I should share it with everyone.

"If the Internal Revenue Service (IRS) did not require the petitioner or co-sponsor, to file a Federal tax return for the requested tax year, please provide the NVC with a written explanation and a copy of the instructions from the IRS publication that shows the petitioner or co-sponsor was not obligated to file. For information on most income tax obligations, visit the IRS website.

Regards,

National Visa Center

M2B"

[Yodrak 7]

twentysomething gal,

Note that there is an income level above which one must file an income tax return, an income level that is something different from the HHS poverty levels. If you made more than the minimum income for filing a tax return then you owe the IRS a return, no matter where in the world you earned the income and even if you do not owe any tax on that income. (Many people seem to not realize this.)

Yodrak

I got a reply from NVC...i think I should share it with everyone.

"If the Internal Revenue Service (IRS) did not require the petitioner or co-sponsor, to file a Federal tax return for the requested tax year, please provide the NVC with a written explanation and a copy of the instructions from the IRS publication that shows the petitioner or co-sponsor was not obligated to file. For information on most income tax obligations, visit the IRS website.

Regards,

National Visa Center

M2B"

[twentysomething gal 0]

twentysomething gal,

Note that there is an income level above which one must file an income tax return, an income level that is something different from the HHS poverty levels. If you made more than the minimum income for filing a tax return then you owe the IRS a return, no matter where in the world you earned the income and even if you do not owe any tax on that income. (Many people seem to not realize this.)

Yodrak

Thanks Yodrak. I got the minimum income level filing requirement from the IRS website. The reason why I did not stress on this because...(oh well better say it) i didn't make the minumum gross income requirement last year. In my case it was $10,500 for a head of household tax status. The documents that I need to provide them now are the 2005 income tax return I filed abroad (non US country) that supports my statement, a written statement that explains why I didn't file in the US and a copy of the IRS publication that says the minimum gross income filing requirement. In my case it was IRS Publication 54 (2005).

All that trouble for not filing!

Edited November 25, 2006 by twentysomething gal

[twentysomething gal 0]

...just wanted to tell everyone that we finally got approved!!! the consul actually did not need the tax return (IN MY CASE). I just explained the situation to him and gave him the certificate of income from my employer, including my payslips, and those were enough.

Thanks again for everyone who helped us!

[ready4ONE 5,400]

...just wanted to tell everyone that we finally got approved!!! the consul actually did not need the tax return (IN MY CASE). I just explained the situation to him and gave him the certificate of income from my employer, including my payslips, and those were enough.

Thanks again for everyone who helped us!

Awsome! Congratulations!!!