Visa suspended 221(g) help!

[broma25 2]

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

Can't he just file as he has done for the previous years that you were married? If you have been married for 5 years why is he having a problem filing this year, has something changed?

Edited July 8, 2007 by broma25

[sarahandbrian 0]

Can't he just file as he has done for the previous years that you were married? If you have been married for 5 years why is he having a problem filing this year, has something changed?

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

[MargotDarko 0]

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.

[desert_fox 32]

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.

He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.

[MargotDarko 0]

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.

He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.

Are you sure they would be waiting for her tax return as the husband will mark NRA (non-resident alien)? Non-resident alien aren't liable for US taxes I thought.

[FutureAmerican 2]

Hi there,

Sorry to hear about your situation - what I can advise is that once you have sent the required documentation in, it doesn't take too long at all to get it back. From the time the courier picked up the documents from my house, to the time they came back with the Visa was 9 days - when I sent the documents back, I included a letter stating what I had included, and my contact number/email if they needed anything else to be sent in. I also included the Blue Form of Doooom (the one where it tells you what stuff you need to send in), to be sure there was no misunderstanding.

Hope that you get a swift approval and best of luck!

[desert_fox 32]

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.

He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.

Are you sure they would be waiting for her tax return as the husband will mark NRA (non-resident alien)? Non-resident alien aren't liable for US taxes I thought.

No, Im not sure. More of a reason to go to the IRS office and talk with an agent to get it al settled.

They have to file as married, either jointly or separately. If they file separately, then they wil need two returns....one from each. There is an on-line tax publication you can read also to get a better understanding of it all.

[sarahandbrian 0]

Hi there,

Sorry to hear about your situation - what I can advise is that once you have sent the required documentation in, it doesn't take too long at all to get it back. From the time the courier picked up the documents from my house, to the time they came back with the Visa was 9 days - when I sent the documents back, I included a letter stating what I had included, and my contact number/email if they needed anything else to be sent in. I also included the Blue Form of Doooom (the one where it tells you what stuff you need to send in), to be sure there was no misunderstanding.

Hope that you get a swift approval and best of luck!

Thankyou that's good to hear

Yes was going to include the horrible blue form and have written a cover letter.

I wonder if you would be able to advise me, whenthey have finished processing all this information I am sending in do they contact me to take a payment for the courier to deliver my visa documents, or is that something I need to include in with the packet I am sending back to the embassy by way of a cheque or postal order?

Thankyou

Sarah and Brian

[rebeccajo 14]

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

Reckless? Few hundred dollars?

You don't actually say that your husband has not filed US tax returns whilst abroad, but it is implied. If that's the case, he needs to get himself to the IRS office or to a competent tax professional ASAP. There's a lot more on the line here than your visa. True, you might end up here quicker by skirting what now appears to be a larger issue, but once you are here the Internal Revenue Service can certainly make your life together a nightmare.

This scenario is perfect case in point as to why we as members should NEVER imply that other members don't need professional assistance with their visa journeys. There is always a potential shade of grey we aren't seeing, and this situation is one of them.

[sarahandbrian 0]

Reckless? Few hundred dollars?

You don't actually say that your husband has not filed US tax returns whilst abroad, but it is implied. If that's the case, he needs to get himself to the IRS office or to a competent tax professional ASAP. There's a lot more on the line here than your visa. True, you might end up here quicker by skirting what now appears to be a larger issue, but once you are here the Internal Revenue Service can certainly make your life together a nightmare.

This scenario is perfect case in point as to why we as members should NEVER imply that other members don't need professional assistance with their visa journeys. There is always a potential shade of grey we aren't seeing, and this situation is one of them.

I think you've misunderstood what I meant when I used the term "reckless" and a "few hundred dollars" but as this thread has become so convoluted already if I try and explain any further I think it will start to get ridiculous.

Yes the IRS could make our future lives a nightmare if the fact that my husband had zero income in the Uk and he has spoken directly to someone at the IRS regarding the situation,( and in fact been granted an extension, which I mentioned in my very first post on this thread) then yes I suppose maybe they still could, make our life together a nightmare, but as I also stated at the start of this thread, I am already devasted enough and my immediate concern was in establishing the best and quickest way to go about filing his return for the year 2006 , however I am beginning to wish I had never asked as I now feel a whole lot worse than I alread did.

[rebeccajo 14]

We aren't trying to make you feel worse, Sarah.

Try and remember that a lot of the comments made in these threads go to educational value for others. In other words, some of us will comment towards clarifying something so that future readers don't get confused. That is what I was doing when I pointed (in an earlier post in this thread) about production of the tax return for income, and not just proof that you have filed.

I know you want to be together soon. All of us do when separated. My concern (as I believe is the concern of others in this thread) is that you not go about this with the cart before the horse.

I'm now completely confused about your situation and cannot tell if your husband worked while in the UK or not. Bottom line though is that USC's abroad must report their income to the IRS and if it's over a certain amount, they are taxed on it.

We aren't trying to make you feel worse. We are trying to help. Honest.

Edited July 8, 2007 by rebeccajo

[MargotDarko 0]

Yes the IRS could make our future lives a nightmare if the fact that my husband had zero income in the Uk and he has spoken directly to someone at the IRS regarding the situation,( and in fact been granted an extension, which I mentioned in my very first post on this thread) then yes I suppose maybe they still could, make our life together a nightmare, but as I also stated at the start of this thread, I am already devasted enough and my immediate concern was in establishing the best and quickest way to go about filing his return for the year 2006 , however I am beginning to wish I had never asked as I now feel a whole lot worse than I alread did.

I'm sorry I made the assumption that he had been working in the UK. He can verify this with the IRS, but if he didn't make money in the UK then I don't think he needed to be filing as I had assumed.

I don't think that filing "married - filing separately" is reckless.

I hope that in the end you find posting more helpful than not.

[MargotDarko 0]

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn

Sarah and Brian

He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.

He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.

Are you sure they would be waiting for her tax return as the husband will mark NRA (non-resident alien)? Non-resident alien aren't liable for US taxes I thought.

No, Im not sure. More of a reason to go to the IRS office and talk with an agent to get it al settled.

They have to file as married, either jointly or separately. If they file separately, then they wil need two returns....one from each. There is an on-line tax publication you can read also to get a better understanding of it all.

Sarah's husband should verify this with the IRS, but I really don't think Sarah has to file a 2006 tax return. She was a non-resident alien for the entire year.

[FutureAmerican 2]

Hi there,

Sorry to hear about your situation - what I can advise is that once you have sent the required documentation in, it doesn't take too long at all to get it back. From the time the courier picked up the documents from my house, to the time they came back with the Visa was 9 days - when I sent the documents back, I included a letter stating what I had included, and my contact number/email if they needed anything else to be sent in. I also included the Blue Form of Doooom (the one where it tells you what stuff you need to send in), to be sure there was no misunderstanding.

Hope that you get a swift approval and best of luck!

Thankyou that's good to hear

Yes was going to include the horrible blue form and have written a cover letter.

I wonder if you would be able to advise me, whenthey have finished processing all this information I am sending in do they contact me to take a payment for the courier to deliver my visa documents, or is that something I need to include in with the packet I am sending back to the embassy by way of a cheque or postal order?

Thankyou

Sarah and Brian

Hiya - when you call up to arrange the courier service to pick up the documents from you to deliver to the Embassy, they can take a credit card payment over the phone - the payment should cover both taking the documents to the Embassy, and taking the Visa from the Embassy back to you. If you want, you can pay an upgraded fee to improve the pickup/delivery time - it'll still be picked up or delivered on a certain day, but rather than arriving anywhere between 8am and 6pm, the courier can either show up before 12pm or before 10am depending on how much you wish to pay. I think I paid £40ish total for it to be picked up and then dropped off again to me before 10am.

Let me know if there's anything else I can help with

[sarahandbrian 0]

That's fantastic, thankyou