2012 US Tax Returns

[snowf1ake 0]

Hi,

Not sure if anyone has had any experience of this but I have my CR1 IV interview on May 14th and the US Tax return for 2012 is due on April 15th (I think). Will they ask us for an updated AOS and return transcripts? Has anyone else been asked for this recently? If they do ask, my husband has requested and had approved an return extension for 4 months (due to business reasons). I am worried that we will get to the interview and because we can't produce the latest tax return transcripts and updated AOS they may not approve us? Do you think the extension will cause us any problems at interview?

Any advice anyone could give would be really helpful?

Andrea

[catsutton148 2]

Hey Andrea,

From what I've seen on the forum in the past you don't need an updated AOS - and just bring a copy of all paperwork hubby has filed for this years tax return (it doesn't need to be the IRS transcripts that were in AOS package I don't think) I would just bring a copy of the proof that he has been given an extension and copies of the paperwork you put in your AOS package (if you have them)

Basically - as far as I know - under normal circumstances you would just bring a copy of hubby's forms for the tax return he would have just filled out. In your case, if he has been given an extension just bring proof of that Hopefully that makes sense?

[Nich-Nick 3,354]

Hi,

Not sure if anyone has had any experience of this but I have my CR1 IV interview on May 14th and the US Tax return for 2012 is due on April 15th (I think). Will they ask us for an updated AOS and return transcripts? Has anyone else been asked for this recently? If they do ask, my husband has requested and had approved an return extension for 4 months (due to business reasons). I am worried that we will get to the interview and because we can't produce the latest tax return transcripts and updated AOS they may not approve us? Do you think the extension will cause us any problems at interview?

Any advice anyone could give would be really helpful?

Andrea

Here's something from the USCIS on the topic. The embassy is not part of USCIS, but this certainly might apply.

A n Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated.

USCIS has determined that an Affidavit of Support is generally sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485

. That is, if the Form I-864 was sufficient when the sponsored immigrant filed the Form I-864 with the adjustment application, USCIS will generally infer from that finding that the alien is not inadmissible under section 212(a)(4) of the Act as of the date of adjudication. In particular, if the sponsor’s Federal income tax return shows an income that was at least 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed with the sponsored immigrant’s adjustment application, USCIS will generally infer that the sponsor’s income has remained and will remain sufficient at the time of adjudication.

Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I-485, USCIS should not request any further documentation (e.g., more recent evidence of employment or income) unless more than one year has elapsed since the Form I-864 was submitted and there is a specific reason (other than the passage of time) to question whether the evidence of income is no longer reliable.

Recent practice has been for the Form I-864 to be vetted at the National Benefits Center as part of the process of preparing the Form I-485 for adjudication. If the

NBC

vetting process indicates that the Form I-864 was sufficient when reviewed, an adjudicator may generally rely on that determination, unless it is determined, on the basis of specific reasons, that a request for evidence is appropriate, as outlined in paragraph 20.5(e)(2).

And from Dept of State, which the embassy falls under

If the consular officer determines either that the sponsor's income as

of the time the I-864 was signed does not meet the guidelines or

that the facts of the case, as supported by evidence in the

record, provide a specific reason other than the passage of

time, then they should request current year income information

and base the determination of the sufficiency of the I-864 upon

the additional evidence as it relates to the poverty guidelines

for the current year. In addition, the Department has determined

that the validity of the I-864 should be considered indefinite,

starting from the date the sponsor signs it.

Post will no longer

be required to ask for new affidavits or updated tax returns

simply due to long processing delays between the date of

signature and the date of the visa interview.

source

http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

And finally the London website says:

Evidence of Support (Affidavit of Support):

All applicants are requried to establish that s/he will not become a public charge in the United States. Please note that this evidence must be less than one (1) year old when presented at the visa interview. Source:

http://london.usembassy.gov/application_documents.html

[snowf1ake 0]

Thank you very much Nich-Nick. It looks like we should be ok from that info. We have been the process for less than a year.

We are planning to take his W2, a new AOS and the confirmation of his extension anyway. We won't offer it unless asked but we are thinking that it is best to be prepared for any eventuality. As is one recurring piece of advice from you and all the other great folks on this forum - better to take too much and it not be needed than get caught without something when asked.

Thanks again,

Andrea

[snowf1ake 0]

Hey Andrea,

From what I've seen on the forum in the past you don't need an updated AOS - and just bring a copy of all paperwork hubby has filed for this years tax return (it doesn't need to be the IRS transcripts that were in AOS package I don't think) I would just bring a copy of the proof that he has been given an extension and copies of the paperwork you put in your AOS package (if you have them)

Basically - as far as I know - under normal circumstances you would just bring a copy of hubby's forms for the tax return he would have just filled out. In your case, if he has been given an extension just bring proof of that Hopefully that makes sense?

Thanks cat! Will just be glad when this is all over