Case Complete to Interview June 2016

[Thomianguy 36]

Going back to the tax return issue, this is where I think SOME people were getting their information from and then assuming it applied to folks like us who are married to spouses who live overseas (see link). Note VERY carefully that at no point on this site does it indicate “alien relative” living overseas. It is specific to alien relatives living in the states WITH their citizen spouse. These are people who are NOT yet resident aliens who may have overstayed, married while in the states on a visitor’s visa, etc. Since they were living with you (the citizen) WITHIN the tax year and may have had to depend on your support, the IRS is being nice and allowing you to include them. That gesture is NOT extended to spouses living thousands of miles away in another country providing NO asset to the U.S.

https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Seeing this, misinformation was disseminated, and some folks figured that they had to file “married.” SOME did it because they believed that is what the embassies wanted to see and/or did it because they figured if they did not file as “married,” the CO would become suspicious. Fact is, as dwheels hinted at, that suspicion will only arise if they have OTHER reasons to think the marriage is fraudulent or without other additional proofs. If the marriage, in their estimation, is legitimate in their eyes, tax papers and how you filed is none of their concern. That’s between you and the IRS. For their purposes, all they want those tax papers and the AOS for is to make sure your numbers add up and that you can support your incoming spouse. Them making an issue of your filing status is a technicality they might fall back on IF they have OTHER reasons to suspect fraud.

Another thing is (in our case), all they asked for was the LAST year’s tax return. The AOS form seems to imply they want all 3 because they give you space to list all three. I suggest walking with all 3 if your case has raised some red flags unknowing to you. If it has not, all they care about is the most RECENT tax year.

Also, on the AOS, they give you space at the end to elaborate or explain ANY section on the form you think might warrant an explanation. USE the space to do so, as I did, writing up a separate page listing the section and section number I wanted to explain. For example, my son was a part of my 2014 tax form despite only living with me for all of 6 months in 2013. Based on my 2014 tax form I made enough to cover myself and children WITHOUT the need for a sponsor. However, once I included my wife, I fell below the mark and would need one. How did I solve this dilemma WITHOUT the need for a sponsor? Well, I explained myself on the AOS by pointing out that my son lived with me for PART of 2013 so I included him on my 2014 tax return. At the time, I was just getting to know my soon to be fiance (now my wife) so, at the time, filing the way I did in 2014 did NOT include my future. I also pointed out that even though I was submitting the AOS in December of 2015 with 2014 tax information, two major changes were coming up:

1. My son was turning 21 in January of 2016 (no longer a dependent)
2. My 2015 tax return (which I would file BEFORE the interview and after my son’s 21^st birthday) would NOT include my son and my wife would take his place in support considerations keeping me well OVER the Poverty guideline and allowing me to file an I-864 EZ and needing no sponsor.

The NVC had NO issues with this and neither did the embassy but I explained proactively. In addition, ANY gnawing questions I had about anything AFTER the NVC was done with our case, I asked them DIRECTLY of the embassy and they responded the next business day so I knew we were good BEFORE the interview. While we help each other out here, if answers seem inconsistent or lacking, save yourself the worry and ask the NVC/Embassy or explain to the NVC/Embassy.


When I asked the embassy in Guyana about my filing status as "head of household" instead of "married, filing separately" AFTER the NVC completion date but BEFORE the actual interview, this was their reply:


"Either filing status will suffice for immigration purposes. The primary purpose of reviewing your 1040 is to verify your income, your filing status will have no adverse effect and can easily be explained. If you will be submitting the 1040 and not an official IRS transcript, be sure to include a copy of your W2 with the 1040.

Sincerely,

Visa Inquiries Unit

US Embassy, Georgetown

Tel: 592-225-8732 (Call Center – Non-Immigrant and General Visa Questions)

Fax: 592-227-0221

[FabieetDavid 10]

Dwheels they gave my husband all his originals withe the visa package

[dwheels76 5,468]

OK fanx dwheels for always been there but the pcc from Ghana says it is valid for 6months so I'm extremely confused. I had mine in September last year.

I know Nigeria's are Valid for 3 months. But immigration is valid fr 1 year long as you submitted t before it expired. I have yet to read anyone requested to get another one at interview when NVC had their PCC on time..

[Hamidparis 29]

Hey guys,

I was just reading a review from the French consulate and someone who had their interview few days ago were asked about the 2015 tax return.

I was just wondering I had a checklist after NVC issued the interview letter saying that I should bring the 2014 W2 to the interview with me.

The thing is that I do have the 2015 tax return too with me but it's only on the petitioner's name ?

Would I get into trouble at the interview ?

Thanks

No one ?

[dwheels76 5,468]

I know I'm getting ahead of myself, but I'm a planner and like to be prepared. For those that took your medical exam already this is for you.

I was looking at the Medical Exam PDF on Mumbai consulate's website and if my husband were to get all the vaccinations listed on that document plus the Basic Exam Cost and the one time vaccine administration charge...he would be spending almost $250.

My husband doesn't have any of his medical history records. He does remember getting a Hepatitis shot a few years ago in Africa, but again no record. the only record he has is the vaccination for Yellow Fever.

Would he be able to go to his own physician and get a blood test that may show what he has immunization to and take that to the Medical Exam? i'm trying to figure out an alternative so he doesn't have to get more shots and pay more than he really has too.

Hep is not required. If no records and over 30 years old its the 3 shots DTP, MMR and Polio. The doctor ask questions about childhood diseases and such .

Under 30 you have to have meningitis also. The Panel physician would do the titre not his doctor they have to screen him if he wants to pay extra for that or just get the 3 shots.

[dwheels76 5,468]

Hey guys,

I was just reading a review from the French consulate and someone who had their interview few days ago were asked about the 2015 tax return.

I was just wondering I had a checklist after NVC issued the interview letter saying that I should bring the 2014 W2 to the interview with me.

The thing is that I do have the 2015 tax return too with me but it's only on the petitioner's name ?

Would I get into trouble at the interview ?

Thanks

You bring what NVC told you to bring and you definitely bring updated AOS 2015 is due with a updated I-864.

As far as getting into trouble we been discussing this all day. It's not an issue. Trouble no. It's fine.

[dwheels76 5,468]

Dwheels they gave my husband all his originals withe the visa package

Oh okay. Cuz we need his BC and marriage certificate. Thank you.

[Thomianguy 36]

Those who got approved and have picked up their Visa. Did they return all your originals (BC and marriage certificate) at interview or returned with yoyr Visa Package?

Especially my Naija perps. JASM and Mrsgbovo?

Wondering do i need to send email just in case. Ughhh logistics.

They forgot to give me back my birth Certificate. I had a choice to go back and get it while I was in Guyana, but all that rain had me totally lazied out to go back to the embassy so I opted for them to mail it to me instead. Had my passport. That is all I cared about at the moment.

Edited May 6, 2016 by Thomianguy

[Hamidparis 29]

You bring what NVC told you to bring and you definitely bring updated AOS 2015 is due with a updated I-864.

As far as getting into trouble we been discussing this all day. It's not an issue. Trouble no. It's fine.

Thank you for your answer, actually i made a mistake, the tax return was done as married filling separately,

Would i still need to do another AOS ?

Thanks

[dwheels76 5,468]

Thank you for your answer, actually i made a mistake, the tax return was done as married filling separately,

Would i still need to do another AOS ?

Thanks

Yes because you have updated AOS. So its just good to do a new one with 2015, 2014, 2013.

[shsl73 29]

Going back to the tax return issue, this is where I think SOME people were getting their information from and then assuming it applied to folks like us who are married to spouses who live overseas (see link). Note VERY carefully that at no point on this site does it indicate “alien relative” living overseas. It is specific to alien relatives living in the states WITH their citizen spouse. These are people who are NOT yet resident aliens who may have overstayed, married while in the states on a visitor’s visa, etc. Since they were living with you (the citizen) WITHIN the tax year and may have had to depend on your support, the IRS is being nice and allowing you to include them. That gesture is NOT extended to spouses living thousands of miles away in another country providing NO asset to the U.S.

https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Seeing this, misinformation was disseminated, and some folks figured that they had to file “married.” SOME did it because they believed that is what the embassies wanted to see and/or did it because they figured if they did not file as “married,” the CO would become suspicious. Fact is, as dwheels hinted at, that suspicion will only arise if they have OTHER reasons to think the marriage is fraudulent or without other additional proofs. If the marriage, in their estimation, is legitimate in their eyes, tax papers and how you filed is none of their concern. That’s between you and the IRS. For their purposes, all they want those tax papers and the AOS for is to make sure your numbers add up and that you can support your incoming spouse. Them making an issue of your filing status is a technicality they might fall back on IF they have OTHER reasons to suspect fraud.

Another thing is (in our case), all they asked for was the LAST year’s tax return. The AOS form seems to imply they want all 3 because they give you space to list all three. I suggest walking with all 3 if your case has raised some red flags unknowing to you. If it has not, all they care about is the most RECENT tax year.

Also, on the AOS, they give you space at the end to elaborate or explain ANY section on the form you think might warrant an explanation. USE the space to do so, as I did, writing up a separate page listing the section and section number I wanted to explain. For example, my son was a part of my 2014 tax form despite only living with me for all of 6 months in 2013. Based on my 2014 tax form I made enough to cover myself and children WITHOUT the need for a sponsor. However, once I included my wife, I fell below the mark and would need one. How did I solve this dilemma WITHOUT the need for a sponsor? Well, I explained myself on the AOS by pointing out that my son lived with me for PART of 2013 so I included him on my 2014 tax return. At the time, I was just getting to know my soon to be fiance (now my wife) so, at the time, filing the way I did in 2014 did NOT include my future. I also pointed out that even though I was submitting the AOS in December of 2015 with 2014 tax information, two major changes were coming up:

1. My son was turning 21 in January of 2016 (no longer a dependent)

2. My 2015 tax return (which I would file BEFORE the interview and after my son’s 21^st birthday) would NOT include my son and my wife would take his place in support considerations keeping me well OVER the Poverty guideline and allowing me to file an I-864 EZ and needing no sponsor.

The NVC had NO issues with this and neither did the embassy but I explained proactively. In addition, ANY gnawing questions I had about anything AFTER the NVC was done with our case, I asked them DIRECTLY of the embassy and they responded the next business day so I knew we were good BEFORE the interview. While we help each other out here, if answers seem inconsistent or lacking, save yourself the worry and ask the NVC/Embassy or explain to the NVC/Embassy.

When I asked the embassy in Guyana about my filing status as "head of household" instead of "married, filing separately" AFTER the NVC completion date but BEFORE the actual interview, this was their reply:

"Either filing status will suffice for immigration purposes. The primary purpose of reviewing your 1040 is to verify your income, your filing status will have no adverse effect and can easily be explained. If you will be submitting the 1040 and not an official IRS transcript, be sure to include a copy of your W2 with the 1040.

Sincerely,

Visa Inquiries Unit

US Embassy, Georgetown

Tel: 592-225-8732 (Call Center – Non-Immigrant and General Visa Questions)

Fax: 592-227-0221

Now that's some good stuff right there. Also, it should be added that on the IRS site their is handy dandy tool called ITA (used at ones discretion) and may not be useful for some:

https://apps.irs.gov/app/IPAR/investigate/IPAR_1/en-US/Attribute~Filing_Status~global~global/qs%24s2%40TLC_FilingStatus_Development_Screens_FSLanding_xint%24global%24global?user=guest

Again, I think that this site has a plethora of information and information sharing--we should be doing our own individual due diligence simply because everyone's situation is different.

Thanks for the KT Thomianguy

Edited May 6, 2016 by shsl73

[Thomianguy 36]

Now that's some good stuff right there. Also, it should be added that on the IRS site their is handy dandy tool called ITA (used at ones discretion) and may not be useful for some:

https://apps.irs.gov/app/IPAR/investigate/IPAR_1/en-US/Attribute~Filing_Status~global~global/qs%24s2%40TLC_FilingStatus_Development_Screens_FSLanding_xint%24global%24global?user=guest

Again, I think that this site has a plethora of information and information sharing--we should be doing our own individual due diligence simply because everyone's situation is different.

Thanks for the KT Thomianguy

Thank you! Yes, my wife has been the one coming to VJ to browse (under this alias) around to see what is going on with new cases, but since I remembered this issue was a confusing issue for us, I figured it only fair to come back in and share our experience to help others just as they helped us when it was our time.

[shsl73 29]

Either way...it was very insightful and I hope that others who are fretting over this issue read and do their own due diligence (i.e. contact tax attorney, IRS or their Embassy--or whatever the case may be) to ensure that they handle their situation appropriately.

[Thomianguy 36]

Either way...it was very insightful and I hope that others who are fretting over this issue read and do their own due diligence (i.e. contact tax attorney, IRS or their Embassy--or whatever the case may be) to ensure that they handle their situation appropriately.

Sorry about how I "quoted" you above. I was doing that on my phone. Not easy to navigate that way. lol

[shsl73 29]

Sorry about how I "quoted" you above. I was doing that on my phone. Not easy to navigate that way. lol

No worries I understand...I have the same problem!!!!!