Amended Tax return

[G&M’s 4]

I filed 2020 tax return and made the mistake of declaring deductions that brought the AGI lower than the threshold to sponsor on the I864.  I have the amended the return but it only shows on my Tax Account transcript not the Tax return transcript.  Any recommendations of how to present this in CEAC/at the time of interview?  Has anyone dealt specifically with presenting an amended return vs. the original filed?  My anticipated income for 2021 is well above the required amount but we have interview in December so I won't have filed anything for this year yet.  I plan to show my wage stubs + Employment letter but i'm concerned about the 2020 original filing. TYIA

[Crazy Cat 41,836]

3 hours ago, G&M’s said:

I filed 2020 tax return and made the mistake of declaring deductions that brought the AGI lower than the threshold to sponsor on the I864. 

It appears you're not self-employed.  In that case, your past tax returns/transcripts do not determine your CURRENT annual income or your qualification to sponsor a new immigrant.  I would be more concerned with accurately calculating current annual income.  Nothing says that every tax year must meet a specific level.  In fact the I-864P amounts serve as a guideline for consulate officer.  They are not firm.

Current Annual Income = Most recent Pay Period Income X number of pay periods per 12 months

Example:  If most recent weekly Pay Period income is $1000, then CURRENT annual income = $52,000.

[G&M’s 4]

4 minutes ago, Crazy Cat said:

It appears you're not self-employed.  In that case, your past tax returns/transcripts do not determine your CURRENT annual income or your qualification to sponsor a new immigrant.  I would be more concerned with accurately calculating current annual income.  Nothing says that every tax year must meet a specific level.  In fact the I-864P amounts serve as a guideline for consulate officer.  They are not firm.

Current Annual Income = Most recent Pay Period Income X number of pay periods per 12 months

Example:  If most recent weekly Pay Period income is $1000, then CURRENT annual income = $52,000.

thank you - yes, thats correct I am not self-employed ( I submitted 2017,2018,2019 tax transcripts) and that was the documents that are DQ'd.   I have not been asked to upload a new I864 YET but I imagine it doesn't hurt to have 2020 prepared anyways?  Just a sanity check would I put current income as net or gross for anticipated income for the upcoming year? 

[Crazy Cat 41,836]

51 minutes ago, G&M’s said:

thank you - yes, thats correct I am not self-employed ( I submitted 2017,2018,2019 tax transcripts) and that was the documents that are DQ'd.   I have not been asked to upload a new I864 YET but I imagine it doesn't hurt to have 2020 prepared anyways?  Just a sanity check would I put current income as net or gross for anticipated income for the upcoming year? 

Of course, you need 2020 tax documents for the interview. 

Gross income can be used for annual income calculations.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,876]

11 hours ago, G&M’s said:

I filed 2020 tax return and made the mistake of declaring deductions that brought the AGI lower than the threshold to sponsor on the I864.  I have the amended the return but it only shows on my Tax Account transcript not the Tax return transcript.  Any recommendations of how to present this in CEAC/at the time of interview?  Has anyone dealt specifically with presenting an amended return vs. the original filed?  My anticipated income for 2021 is well above the required amount but we have interview in December so I won't have filed anything for this year yet.  I plan to show my wage stubs + Employment letter but i'm concerned about the 2020 original filing. TYIA

There are no questions about anticipated income for any specific year.  Current income figures for the employed (not self employed) are going forward 12 months from the calculation date.  So if you got a job last week paying 1000 a week, your current income is 52,000.

 

For the self employed, current income today, is the total income figure from the 2020 tax return.  If you are self employed you may have a problem.  If you already know your interview date, then you've already submitted your affidavit of support.  Why are you concerned now, specifically?

 

[G&M’s 4]

3 minutes ago, pushbrk said:

There are no questions about anticipated income for any specific year.  Current income figures for the employed (not self employed) are going forward 12 months from the calculation date.  So if you got a job last week paying 1000 a week, your current income is 52,000.

 

For the self employed, current income today, is the total income figure from the 2020 tax return.  If you are self employed you may have a problem.  If you already know your interview date, then you've already submitted your affidavit of support.  Why are you concerned now, specifically?

 

because I have only submitted 2019 ( I was DQ DEC 2020) , not 2020 as it wasn't filed yet and if they ask me to submit it to CEAC prior to or at the interview the Tax return transcript shows below.  The tax account transcript shows above.  I am not self employed - my current income is 80K

[pushbrk 12,876]

1 minute ago, G&M’s said:

because I have only submitted 2019 ( I was DQ DEC 2020) , not 2020 as it wasn't filed yet and if they ask me to submit it to CEAC prior to or at the interview the Tax return transcript shows below.  The tax account transcript shows above.  I am not self employed - my current income is 80K

OK.  You could submit the actual amended return and a current pay stub.  Your spouse should take copies of those to the interview.  Asking you to submit something does not necessarily mean the decision will be based on that item.  Current income is king in this context, so expect your current pay stub to carry the day.

[G&M’s 4]

15 minutes ago, pushbrk said:

OK.  You could submit the actual amended return and a current pay stub.  Your spouse should take copies of those to the interview.  Asking you to submit something does not necessarily mean the decision will be based on that item.  Current income is king in this context, so expect your current pay stub to carry the day.

Thank you surely hoping this is how the determination is made! 

[pushbrk 12,876]

9 minutes ago, G&M’s said:

Thank you surely hoping this is how the determination is made! 

It's routine to ask for an updated tax return, when the interview falls past the required filing date, but current income is still king.  Tax returns are about the past, so by definition, not evidence of current income except for the self employed.