No tax transcript for I-864

[Arensis 6]

I am in the process of getting a visa for my wife through DCF in Madrid.

 

Before submitting my I-864 I noticed that I had to submit my taxes as US Citizen living abroad. I paid a CPA to prepare the taxes and apply for streamlined compliance procedures submitted them, and attached Form 1040 to I-864.

 

They gave me an appointment for my wifes interview, but they included a note saying that form 1040 is not valid, that I need the IRS tax transcript. I submitted my taxes by physical mail, but they didnt arrive to US yet.

 

Did anybody had this experience? Is it possible to explain to the interviewer that I still dont have a tax transcript and it is not likely I am going to have them in the near future? According to I-864 instructions, I have to provide either an IRS transcript or a copy of my own records.

 

anyways, I compiled the following documents regarding my tax submissions:

1- Letter with explanation that I submitted taxes for Streamlined compliance procedures.

2- Printout of instructions from IRS webpage stating that to apply for Streamlined Procedures you need to file by physical mail.

3- Copy of my submission (3 years of taxes and 6 years of FBAR)

4- Payslips of my foreign job for last year

5- Printouts of websites saying that streamlined filings take 8 months to be processed

6- Invoice of the CPA for preparing the taxes

7- Mail conversations with preparer

8- Receipt for delivery with tracking code

9- Packet tracking?? (This will show the document didnt arrive)

 

 

Edited January 23, 2023 by Arensis

[Chancy 6,241]

1 hour ago, Arensis said:

They gave me an appointment for my wifes interview, but they included a note saying that form 1040 is not valid, that I need the IRS tax transcript.

 

The consulate has final authority on visa-related matters, so if they want the IRS transcripts, then it's required, regardless of the I-864 instructions.  But since you filed taxes very late and have no way to get the IRS transcripts soon, all you can do is have your wife attend her visa interview, explain the situation with your tax filing, and hope for the best.

 

[JeanneAdil 6,497]

Although the IRS transcripts are needed ,  it your company is not US based and the income is foreign income,  it will not be considered

the letter u provided of the US job with start date and income will have more weight 

 

[Arensis 6]

16 hours ago, JeanneAdil said:

Although the IRS transcripts are needed ,  it your company is not US based and the income is foreign income,  it will not be considered

the letter u provided of the US job with start date and income will have more weight 

 

I am not worried about the income. I moved to the US after submitting the I-130 and I have a US job with enough income. My issue is that the tax return for the last year is a requirement for the I-864.

Edited January 24, 2023 by Arensis

[JeanneAdil 6,497]

3 hours ago, Arensis said:

I am not worried about the income. I moved to the US after submitting the I-130 and I have a US job with enough income. My issue is that the tax return for the last year is a requirement for the I-864.

It will be up to CO to either accept copy of your 1040 with your letter that shows your US job has started with yearly salary

 

 

[JeanneAdil 6,497]

On 1/24/2023 at 10:01 AM, Arensis said:

I am not worried about the income. I moved to the US after submitting he I-130 and I have a US job with enough income. My issue is that the tax return for the last year is a requirement for the I-864.

you do know u had to do taxe returns while working outside the country on your foreign income (form 2555 to exclude it if the country is on the tax agreement list)

[Arensis 6]

On 2/1/2023 at 8:55 AM, JeanneAdil said:

you do know u had to do taxe returns while working outside the country on your foreign income (form 2555 to exclude it if the country is on the tax agreement list)

No, I didnt, that is the issue. Since I didnt know, I didnt submit taxes.

 

Anyways, I already had the interview. The consular officer said that I need the tax transcript, I said that IRS still didnt process my return, she took a look at my 1040 and asked me if I was working abroad. I confirmed and she accepted the document without additional questions.