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Michael_123

Sydney Consulate no longer accepting 1040 tax returns as supporting document

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Hi all,

 

I was thrilled to finally received my interview date email the other day for my spouse-sponsored green card (CR-1) at the Consulate General in Sydney. I got an automated email from the Consulate today with general info about preparing for the interview, but the email also had a message at the top in a bright header reading:

 

The 1040 US Tax Return will no longer be acceptable for your application.

Applicants who are required to submit a US tax return with their application are now required to submit the US Tax Transcript.

The  IRS generated transcript can be obtained for free from the IRS website by filing IRS Form 4506-T Request for Transcript of Tax Return.

 

I'm being told this 3 weeks before my interview, even though the NVC accepted our joint 1040 tax return as supporting financial evidence (the option was to submit EITHER the tax return+W2 form OR a transcript). The IRS hasn't processed our tax return yet (it's going to take a while given the backlog and because we had to apply for and ITIN simultaneously) and so it's impossible to get the tax transcript for at least a couple more months.

 

Has anyone else been in a similar position? Can they really change the required documentation rules just before the interview and after the NVC has given the all clear? I've emailed the consulate but I'm expecting their usual generic replies.

 

Thanks!

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Filed: Citizen (apr) Country: Russia
Timeline

Not sure if they can change required documentation just like that, but in your situation, I would try to get the transcripts from 2017, 2016 and 2015 and take a copy of the 1040 and W2s from 2018 explaining that the 2018 transcripts are not available yet.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, Bill & Katya said:

Not sure if they can change required documentation just like that, but in your situation, I would try to get the transcripts from 2017, 2016 and 2015 and take a copy of the 1040 and W2s from 2018 explaining that the 2018 transcripts are not available yet.

 

Good Luck!

Thanks, yeah we'll do that. Problem is my husband was a med student until mid 2018, so his previous transcripts will show $0. Guess I'll just have to see.

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Filed: Citizen (apr) Country: Australia
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14 minutes ago, Michael_123 said:

Thanks, yeah we'll do that. Problem is my husband was a med student until mid 2018, so his previous transcripts will show $0. Guess I'll just have to see.

You have no options other than following their directions 😞

1040 forms can be filled out but not filed.. transcripts from the IRS are better evidence of filing. Consulates have the final say in what they accept , require. NVC is more the  gathering house for paperwork.

Assuming you are also using joint sponsor documents for the AOS, your husbands income .. past and present ... is not an issue 

 

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Filed: Citizen (apr) Country: Russia
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35 minutes ago, Michael_123 said:

Thanks, yeah we'll do that. Problem is my husband was a med student until mid 2018, so his previous transcripts will show $0. Guess I'll just have to see.

Well, you can only give them what you have.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Tax returns are subject to manipulation, and could be generated without the returns being actually filed. Tax transcripts, otoh, are direct from the horse's mouth, so to speak. US embassies may be on the path to require transcripts, which are proof the returns were actually filed with the IRS, and thus more official. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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2 hours ago, jgub said:

I will be in the same situation- i submitted tax returns to the NVC. Let us know what happens. Can i ask when your interview is and date of case complete?

My case complete date was March 16. Interview scheduled in Sydney for May 7. When is your interview?

 

44 minutes ago, aaron2020 said:

Screen Shot 2019-04-19 at 6.26.29 AM.png

Was this email received before notification of case complete status from the NVC? It'd be unusual for the consulate to request documents to be uploaded to CEAC after case complete.

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  • 2 weeks later...

My sister in law has her interview the same date as you and she got the same email. Our issue is that our husbands are here in Australia with us, so we are unable to download the transcripts from the website, so have had to request them via snail mail. Hoping they arrive before the interview!!

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Just now, alannah_rose said:

My sister in law has her interview the same date as you and she got the same email. Our issue is that our husbands are here in Australia with us, so we are unable to download the transcripts from the website, so have had to request them via snail mail. Hoping they arrive before the interview!!

Is your 2018 transcript available already? I have previous years, but 2018 one hasn't been processed yet.

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1 minute ago, Michael_123 said:

Is your 2018 transcript available already? I have previous years, but 2018 one hasn't been processed yet.

We haven't done the 2018 tax yet as the Aussie tax year runs June to July, so once we get our Aussie tax return, we will do that.

Edited by alannah_rose
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1 minute ago, alannah_rose said:

 

We haven't done the 2018 tax yet as the Aussie tax year runs June to July, so once we get our Aussie tax return, we will do that.

Ah ok so you must have applied for an extension with the IRS since the normal due date was April? I wish we'd done that since they accept evidence of an extension in place of a tax transcript.

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