Visa suspended 221(g) help!

[sarahandbrian 0]

I am currently in absoulute pieces ;

I had my visa interview at the American embassy in London yesterday, which I have to say was possibly one of the most unpleasant experiences in my life, (more on that in another post), .

I was not issued with my visa yesterday but that is not the reason that I felt it to be such an unpleasant experience, Iwould have felt the same way if I had of passed the interview.

Anyway onto my question(s);

Our visa was not granted but has been suspended under section 221(g), the reason being that I did not have my husbands(The US citizen),

2006 tax return.

The reason for that was that he had not filed this year but had been granted an extention b the IRS to file up until October of this year, when we were hoping I would be safely settled in over there with him and have a SSN number in order that we might file together.I explained this to the interviewer and furnished her with a copy of the fax from the IRS granting my husbad an extension for filing his tax return, however this was not acceptable.

Fair enough, rules are rules and I accept that we will now have to provide this information, but here,s our problem and this is also partly why we hadn't sorted this out prior to the interview.

Just how best does my husband file his taxes, if he files as married, he will need my social security number, which obviosuly as a future pending American I don't have, yes we could apply for an ITTN number but have been told by the IRS this could take months to issue. If he files as single surely that would look bad in the eyes of immigration, believe me I have searched long and hard on the internet, this forum included to try an find an answer to the tax issue in the past but have always just found myself going round and round in circles and never finding a definitive answer, this is just soo frustrating, as it has already been 12 months since we started this process and have only visited each other twice during that time.

Please,please if anyboday can advise what to do in this situation we would be extremely grateful.

One other thing, has anyone ese been in this situation, ie recieved a 221(g) following an interview at the London emassy, and if so could you advise on approximately how long it is likely to take for them to process our visa once they are in recieptt of a tax returnthe requested forms.

Thankyou so much

Sarah and Brian

[TracyTN 237]

I don't know why filing as single would 'look bad' - obviously they just want him to have filed. If you don't have an SSN or ITIN, what choice does he have but to file single? I would, though, have him call the IRS and make sure that this lark about taking 'months' to issue an ITIN is true; if so, file single and get on with it.

Obviously the consulate wants the tax return filed in order to issue the visa. I'd have him do it pronto and then send you the proof (1040, any W2s, etc.) and if the ITIN will truly take months to get, worry about filing married next year.

I'll bet once the consulate has his return, they'll issue your visa. In comparison to other consulates, London is pretty quick about such things.

Come visit us in the UK forum and maybe you'll find a better idea of a timeline there.

http://www.visajourney.com/forums/index.php?showforum=99

Edited July 7, 2007 by TracyTN

[MargotDarko 0]

I am currently in absoulute pieces ;

I had my visa interview at the American embassy in London yesterday, which I have to say was possibly one of the most unpleasant experiences in my life, (more on that in another post), .

I was not issued with my visa yesterday but that is not the reason that I felt it to be such an unpleasant experience, Iwould have felt the same way if I had of passed the interview.

Anyway onto my question(s);

Our visa was not granted but has been suspended under section 221(g), the reason being that I did not have my husbands(The US citizen),

2006 tax return.

The reason for that was that he had not filed this year but had been granted an extention b the IRS to file up until October of this year, when we were hoping I would be safely settled in over there with him and have a SSN number in order that we might file together.I explained this to the interviewer and furnished her with a copy of the fax from the IRS granting my husbad an extension for filing his tax return, however this was not acceptable.

Fair enough, rules are rules and I accept that we will now have to provide this information, but here,s our problem and this is also partly why we hadn't sorted this out prior to the interview.

Just how best does my husband file his taxes, if he files as married, he will need my social security number, which obviosuly as a future pending American I don't have, yes we could apply for an ITTN number but have been told by the IRS this could take months to issue. If he files as single surely that would look bad in the eyes of immigration, believe me I have searched long and hard on the internet, this forum included to try an find an answer to the tax issue in the past but have always just found myself going round and round in circles and never finding a definitive answer, this is just soo frustrating, as it has already been 12 months since we started this process and have only visited each other twice during that time.

Please,please if anyboday can advise what to do in this situation we would be extremely grateful.

One other thing, has anyone ese been in this situation, ie recieved a 221(g) following an interview at the London emassy, and if so could you advise on approximately how long it is likely to take for them to process our visa once they are in recieptt of a tax returnthe requested forms.

Thankyou so much

Sarah and Brian

I'm sorry I can't help with the 221(g). However, he cannot file as single - it isn't legal. He must file as "married - filing separately" if you do not want to apply for an ITIN. He can then write N/A in the SSN line for you. He will still give your name though as his wife, and if he wants, he could include a letter stating that you are not a USC or resident in the US. He may miss out on some married benefits, but it saves the hassle of applying for an ITIN for you and you having to prepare a 1040 with the 2555 foreign income exclusion. About the ITIN though - you don't have to wait for the number to file. You include the W7 with the 1040s and send it all to a certain address in Texas. He would copy everything before mailing, and give you the copies and proof of postage to you as proof of filing.

[sarahandbrian 0]

I'm sorry I can't help with the 221(g). However, he cannot file as single - it isn't legal. He must file as "married - filing separately" if you do not want to apply for an ITIN. He can then write N/A in the SSN line for you. He will still give your name though as his wife, and if he wants, he could include a letter stating that you are not a USC or resident in the US. He may miss out on some married benefits, but it saves the hassle of applying for an ITIN for you and you having to prepare a 1040 with the 2555 foreign income exclusion. About the ITIN though - you don't have to wait for the number to file. You include the W7 with the 1040s and send it all to a certain address in Texas. He would copy everything before mailing, and give you the copies and proof of postage to you as proof of filing.

OOOh thankyou,

That's very helpful.

Can I just clarify? For the consulate's purposes, his submitting his tax information via the 1040 (and /or an application for my ITIN number) is evidence enough of submission of tax information? ie if he copies the forms and sends me copies , those are what I submit to the consulate in order to complete our visa processing?

or is it the case that we need to wait on confirmation from the IRS that they have recived his 1o40 and updated it onto their system? do they then issue him any paperwork to confirm this that I might need to submit to the consulate?

I hope that question makes some sort of sense, I simply do not wish to make any further mistakes at this delicate stage.

Thankyou again for your advise thus far

Sarah and Brian

[TracyTN 237]

I'm sorry I can't help with the 221(g). However, he cannot file as single - it isn't legal. He must file as "married - filing separately" if you do not want to apply for an ITIN. He can then write N/A in the SSN line for you. He will still give your name though as his wife, and if he wants, he could include a letter stating that you are not a USC or resident in the US. He may miss out on some married benefits, but it saves the hassle of applying for an ITIN for you and you having to prepare a 1040 with the 2555 foreign income exclusion. About the ITIN though - you don't have to wait for the number to file. You include the W7 with the 1040s and send it all to a certain address in Texas. He would copy everything before mailing, and give you the copies and proof of postage to you as proof of filing.

Thanks Margot - I was trying to Google ITIN after I posted but the phone rang and I'm just now getting back.

I didn't know that, either, about married filing separately. So Sarah, basically ignore what I said and listen to Margot.

I DO know that London is good about getting back to you after submitting the documents they need. They're slightly slower this time of year, but nothing drastic.

Good luck - and still come by the UK forum, too.

[sarahandbrian 0]

I don't know why filing as single would 'look bad' - obviously they just want him to have filed. If you don't have an SSN or ITIN, what choice does he have but to file single? I would, though, have him call the IRS and make sure that this lark about taking 'months' to issue an ITIN is true; if so, file single and get on with it.

Obviously the consulate wants the tax return filed in order to issue the visa. I'd have him do it pronto and then send you the proof (1040, any W2s, etc.) and if the ITIN will truly take months to get, worry about filing married next year.

I'll bet once the consulate has his return, they'll issue your visa. In comparison to other consulates, London is pretty quick about such things.

Come visit us in the UK forum and maybe you'll find a better idea of a timeline there.

http://www.visajourney.com/forums/index.php?showforum=99

Filing singly would look bad as it would indicate he was an unmarried man, which is a blatant lie,we have been married for 5 years,

Unfortunaately the IRS have not really provided any defin ae answers to this either, they like most everyone else can advise but ultimately it's up to us to decide what we do, which is not easy as we want to do what's right in both the eyes of the IRS and the immigration services, a tricky balancing act in this instance.

Gad to hear that London has a fairly quick turnaround on things, the interviewer told me it should tae about a week, but I was hoping someone who had been through similar might be able to tell me a "real" time estimate.

Thankyou for your help, it really does help to be able to reach out to other VJer's via the wonders of the internet, this is a very lonely process otherwise

Sarah and Brian

[sarahandbrian 0]

I'm sorry I can't help with the 221(g). However, he cannot file as single - it isn't legal. He must file as "married - filing separately" if you do not want to apply for an ITIN. He can then write N/A in the SSN line for you. He will still give your name though as his wife, and if he wants, he could include a letter stating that you are not a USC or resident in the US. He may miss out on some married benefits, but it saves the hassle of applying for an ITIN for you and you having to prepare a 1040 with the 2555 foreign income exclusion. About the ITIN though - you don't have to wait for the number to file. You include the W7 with the 1040s and send it all to a certain address in Texas. He would copy everything before mailing, and give you the copies and proof of postage to you as proof of filing.

Thanks Margot - I was trying to Google ITIN after I posted but the phone rang and I'm just now getting back.

I didn't know that, either, about married filing separately. So Sarah, basically ignore what I said and listen to Margot.

I DO know that London is good about getting back to you after submitting the documents they need. They're slightly slower this time of year, but nothing drastic.

Good luck - and still come by the UK forum, too.

Thankyou,

I will defiantely pop by

Sarah and Brian

[pushbrk 13,111]

Can I just clarify? For the consulate's purposes, his submitting his tax information via the 1040 (and /or an application for my ITIN number) is evidence enough of submission of tax information? ie if he copies the forms and sends me copies , those are what I submit to the consulate in order to complete our visa processing?

or is it the case that we need to wait on confirmation from the IRS that they have recived his 1o40 and updated it onto their system? do they then issue him any paperwork to confirm this that I might need to submit to the consulate?

I hope that question makes some sort of sense, I simply do not wish to make any further mistakes at this delicate stage.

Thankyou again for your advise thus far

Sarah and Brian

He needs to sign the tax return and send you copies of it and the supporting W2's and/or 1099's. If filed as single even though I was married and then filed an amended return with an ITIN application. It was no problem. If he can file as married filing separately, that's probably better.

Did you also fail to show any evidence of a current job and income? If so, I would include recent pay stubs and an employer letter.

[MargotDarko 0]

OOOh thankyou,

That's very helpful.

Can I just clarify? For the consulate's purposes, his submitting his tax information via the 1040 (and /or an application for my ITIN number) is evidence enough of submission of tax information? ie if he copies the forms and sends me copies , those are what I submit to the consulate in order to complete our visa processing?

or is it the case that we need to wait on confirmation from the IRS that they have recived his 1o40 and updated it onto their system? do they then issue him any paperwork to confirm this that I might need to submit to the consulate?

I hope that question makes some sort of sense, I simply do not wish to make any further mistakes at this delicate stage.

Thankyou again for your advise thus far

Sarah and Brian

Hmm... I'm not totally sure on this one. If this was before your interview, I'd say just the copy and proof of postage should be fine. Now that this is the reason you've been given a 221g, they might be looking for more proof. What you could do is submit the copy and proof of postage and see what happens. My guess is that either they'd say it was fine or they would say you had to have proof from the IRS before they could issue the visa. I know it's expensive, but you could also call the embassy and ask. Good luck by the way - what a pain to be so close and have this happen!

[Minya's wife 25]

I would also go to a place, specializing in Income Tax filing (something like H&R block) and have them complete the return. They may also be able to issue a letter stating that they prepared the tax return and filed it on behalf of your husband. OR if the tax return is filed electronically, the confirmation e-mail stating that the return was received and 'validated' could also be included...along w/ the copy of the 1040 and W-2's.

But...given that we're a good couple of months past the April 15th deadline, chances are that if filed electronically, the income tax return could be debited/credited within just a couple of weeks....and you may actually have solid confirmation (in the form of proof of the elctronic debit or deposit in your bank account) for the 2nd consulate interview. I filed my income tax electonically in February, way before the April deadline, and I had my tax return in my bank account 3 weeks later.

Good luck,

-P

[rebeccajo 14]

This has happened to you because you've filed for CR1.

Your visa comes with your Adjustment of Status (greencard) already in place. The current guidance to officers regarding the Affidavit of Support (which supports your AOS) tells them to use the most recent tax return as evidence of income. You and your husband didn't provide the key piece of evidence needed to underwrite the affidavit. The CO had no choice but to issue a 221g. I point this out to you only to offer you some comfort that when you provide the evidence, your visa should be issued.

I'd suggest your husband seek out a tax preparer to assist him in filing the 2006 return. It sounds as if neither of you are very well versed in the nuances of the American tax system - not uncommon really given our tax structure. I believe the problem can be easily solved with the assistance of a professional.

[Mothy 0]

I would also go to a place, specializing in Income Tax filing (something like H&R block) and have them complete the return.

Personal opinion, I don't think you should bother paying to get an accountant, as the forms are fairly straightforward and an accountant is completely unnecessary and expensive. My wife (USC) filed her taxes recently, in consultation with the IRS in London, who offer really great advice and also know a bit about the visa application process.

Basically, they just want to know that you filed -- as long as you show a copy of your filled-out 1040, and perhaps a postal receipt, this should be completely sufficient. My wife was specifically instructed by the IRS office, when she told them she was applying for a CR-1 with me, to file as "married filing separately" (NOT single) and to write "NRA" (non resident alien) where it asked for the spouses ITIN or SSN. You may want to give them a call yourself if you are uncertain as they are very, very helpful : http://london.usembassy.gov/irs/index.htm

Good luck,

Tim

[sarahandbrian 0]

I would also go to a place, specializing in Income Tax filing (something like H&R block) and have them complete the return.

Personal opinion, I don't think you should bother paying to get an accountant, as the forms are fairly straightforward and an accountant is completely unnecessary and expensive. My wife (USC) filed her taxes recently, in consultation with the IRS in London, who offer really great advice and also know a bit about the visa application process.

Basically, they just want to know that you filed -- as long as you show a copy of your filled-out 1040, and perhaps a postal receipt, this should be completely sufficient. My wife was specifically instructed by the IRS office, when she told them she was applying for a CR-1 with me, to file as "married filing separately" (NOT single) and to write "NRA" (non resident alien) where it asked for the spouses ITIN or SSN. You may want to give them a call yourself if you are uncertain as they are very, very helpful : http://london.usembassy.gov/irs/index.htm

Good luck,

Tim

Thankyou,

That is the most straightforward and useful piece of advice so far, thankyou also to everyone else for taking the time to reply but this response basically concurs with what we have decided to do, that is to file as married seperate with a possible ammendment to that in the future(if indeed that is possible).

Very useful to know what to put in the box for SSN number ,we were just going to put N/A but NRA makes more sense.

Thankyou again

Sarah and Brian

[rebeccajo 14]

Basically, they just want to know that you filed -- as long as you show a copy of your filled-out 1040, and perhaps a postal receipt, this should be completely sufficient. My wife was specifically instructed by the IRS office, when she told them she was applying for a CR-1 with me, to file as "married filing separately" (NOT single) and to write "NRA" (non resident alien) where it asked for the spouses ITIN or SSN. You may want to give them a call yourself if you are uncertain as they are very, very helpful : http://london.usembassy.gov/irs/index.htm

Good luck,

Tim

For immigration purposes, the point of producing the tax return is more than just showing you filed. It's to verify the income and the income will need to be sufficient to meet the Affidavit of Support.

There's no sense in messing up your tax return for immigration purposes. An expensive tax accountant probably isn't necessary, but a competent tax preparer might be a worthwhile investment. Most laypeople are in unfamiliar tax waters when they file as 'married filing separate' - the tax bite is much larger and there may be ways to offset the tax burden. But it might take a tax preparer to help discover those ways.

Edited July 8, 2007 by rebeccajo

[sarahandbrian 0]

For immigration purposes, the point of producing the tax return is more than just showing you filed. It's to verify the income and the income will need to be sufficient to meet the Affidavit of Support.

Thankyou,

We are fully aware that his income needs to be enough to to meet the affidavit of support level, that is not and never has been, an issue.

My husband is also capable of filing a tax return by himself, our problem was tha we ummed and ahhed about how best to file and left it too late to have the 1040 filed before my interview, foolish we know, and we are paying for that mistake now in a further delay to the issue of our visa.

We are also aware of the consequences of filing as married seperate, but at this stage in our immigration journey we REALLY want a rapid a resolution as possible, and whilst that might sound reckess to some, our being together right now is more important that a few $100.

Sarah and Brian