got 221g in new delhi

[love2007 0]

I have been folloeing this site ever since my husband filed for I-130 in new delhi and I must admit this is a great forum and the people are real helpful. I thought I would be posting my visa experience in new delhi embassy so that it may ease out the pressure we people go through before the interview. anyways m concern to post this here is I had my visa for CR1 on 20th april and the process till now was smooth no hassels so far tha embassy people did not ask for an additional documents in beetween these three months but when i went for my interview they gave me a221g saying

MY HUSBANDS INCOME IS NOT ENOUGH TO SPONSOR ME

The tax paper my hushand filed were for some 30,000 dollars for the year 2005 but the accountant save the taxes showed some losses around 20,000 dollars so the gross income left was 10,000 dollars.

even my husband was not aware that its not the whole income for which u file the taxes but the gross income which is left after the deductions.

now they want me to submit papers with a joint sponsor . But my quetion to you all is now m husband has filed the taxes for 2006 as well and that is more money what is required to sponser a spouse so can we instead of joint sponsor file the tax papers for the year 2006 would that be fine.

PLEASE HELP

I AM NOT SAD BUT ANGRY THE EMBASSY SHOULD HAVE ASKED FOR THE PAPERS EARLIER THEN MY CASE WOULD NOT HAVE DELAYED

[ELW 5]

Sorry about the 221g. I would think that the 2006 taxes showing sufficient income would be ok, you do not need a co-sponser. Consulate only said that, thinking this year's taxes would be similiar to 2005.

Anyone, other comments?

Good luck with a granted visa as soon as possible!!

Edited April 21, 2007 by ELW

[KHURRAM SERAJ 0]

I am so sorry for you and I am doing what I can for the couples away from each other which is to pray for them.

[chri'stina 190]

I am sorry you got the 221g, but the good news is that your problem is fixable. In my opinion it's better to have an issue with a sponsor than with them thinking you are a fraud marriage. It's best to be as prepared in these situations as possible, and I don't think the embassy was wrong in what they did if it showed 20K losses on your husband's taxes.

You can try to use his 2006 tax info, as soon as you get it, but I would also see if you can get a co-sponsor, just to be safe. It's better to be extra prepared at the interviews. I don't think you would have any problems getting your visa issued once you give them the financial docs they need.

Good luck and hope it's resolved shortly!

[Nikita2Charles 32]

Just to be on the safe side, I would go with a cosponsor along with your Hubby new tax return for 2006 showing he has made more than what is required.

[love2007 0]

Just to be on the safe side, I would go with a cosponsor along with your Hubby new tax return for 2006 showing he has made more than what is required.

THANKYOU ALL FOR YOUR VALUABLE INPUTS U HAVE MADE M DAY I THINK I WILL GO AHEAD WITH HIS NEW TAXES AND TRY TO HAVE A COSPONSOR TOO

THANKS AGAIN

[calijatt 0]

I will pray for you I totally understand your situtation. I have also I-864A so dont worry you are not alone. pray to god he will make everything alright. Best of luck just start beliving in god and do what they ask I am sure you will be fine. best of luck hope next time u post you give us good news

[Charuhans 0]

For determining income, Gross Income is considered, line on IRS Form 1040. I don't know what Whole Income means. But it seems your husband is self-employed, so he had to file a Schedule C along with his 1040. Now after deducting expenses, you arrive at the Net Income on the Schedule C and that goes on line of the Form 1040. So I don't see what the confusion was all about.

The form I864 clearly states that Tax Returns from 2 previous years need to provided. So the Tax Return for 2005 will always show that the income earned was below that required. To overcome that you will have to have a Co-sponsor. Other way out is for your husband to file an amended tax return with the IRS, correcting all the false information given on the original return to evade taxes (the Tax Law hols the filer responsible for everything mentioned on his tax return even if he used a paid preparer to file his taxes). That will show the Real income he made in 2005, which I presume will be sufficient to match the income criterion.

If you review the papers that came along with your Packet 3/4, the Consulate clearly states that the onus of filing the I864 lies with the Petitioner and that the Consulate doens't offer any advise in that matter.

Good Luck!

Charuhans

P.S. : According to the provisions of the Patriot Act, USCIS and DOS share information with the IRS. Your husband might want to be careful what he files with the I864.