My wife just got a 221g from her Interview today, a few questions

[Gaiden79 23]

Hi all,

 

Unfortunately my wife got a 221g (see attached) after her IR-1 interview today at the Manila Embassy. Everything was okay until they wanted my 2024 Tax Return. I did not file it yet or include it because I was told on these forums that any interviews prior to April 15 that the most recent tax year required is 2023. I did however, include my W-2's from my employers for 2024 and up to date Paystubs as well.

 

It appears they want my updated Affidavit of Support and my 2024 Tax return uploaded to CEAC, is that seem correct? Anything special I should know about the 221g process and how to make sure and do it right? Thank you!

[Dashinka 24,846]

Wow, that is really interesting that the consulate can force a USC to file taxes prior to the deadline especially as you are providing proof of ongoing income.  Unfortunately, it appears you need to do that if at all possible and respond to the 221g with what they ask for.  

 

Good Luck!

[hunny&me 274]

Because you provided your 2024 W2 (even though you have not filed taxes for 2024) it should be reflected in your Affidavit of support.  Just fill up another i-864 with your 2022-2024 income, then upload.  Upload the 2024 W2 too if not yet uploaded.

God bless!

[Crazy Cat 42,476]

This was a mistake by the CO.  There is no way, they should be requiring 2024 tax forms this early.  Unfortunately, the shortest path of resistance is to give them what they want.  Make sure your new I-864 reflects accurate current annual income.

Current annual income = gross income from most recent pay period paystub multiplied times number of pay periods per 12 month period.

Good luck.

[Rocio0010 5,668]

2 hours ago, Dashinka said:

Wow, that is really interesting that the consulate can force a USC to file taxes prior to the deadline especially as you are providing proof of ongoing income.  Unfortunately, it appears you need to do that if at all possible and respond to the 221g with what they ask for.  

 

Good Luck!

I am afraid this was a mistake by the CO, which is unfortunate because it puts OP in a pickle. I have always filed my petitions in January, and not once was I required to submit the tax return for the last year.

[Dashinka 24,846]

34 minutes ago, Rocio0010 said:

I am afraid this was a mistake by the CO, which is unfortunate because it puts OP in a pickle. I have always filed my petitions in January, and not once was I required to submit the tax return for the last year.

I agree, but as mentioned it is a rock and a hard place for the OP unless they really want to try and fight with the consulate.

[JeanneAdil 6,677]

wonder if the embassies got a notice that told them to ask for the most recent year

 

According to I 864 it reads "As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year"

 

IRS states  January 27, 2025 starts  the most recent year 2024

 

WASHINGTON — The Internal Revenue Service opened the 2025 tax filing season today and is accepting and processing federal individual tax year 2024 returns.

 

 

Going to be a nightmare for those who went thru California fires and 2 hurricanes here in the southeast as IRS extended those return deadlines to coincide with the deadline for claiming disaster relief.   Not sure how the embassys will handle such cases that are automatically extended by IRS   

 

WASHINGTON — The Internal Revenue Service announced today tax relief for individuals and businesses in parts of California affected by wildfires and straight-line winds that began on Jan. 7, 2025. These taxpayers now have until Oct. 15, 2025, to file various federal individual and business tax returns and make tax payments.

 

https://www.irs.gov/newsroom/irs-announces-tax-relief-for-taxpayers-impacted-by-wildfires-in-california-various-deadlines-postponed-to-oct-15#:~:text=The declaration permits the IRS,until Oct. 15%2C 2025.

 

[Crazy Cat 42,476]

3 minutes ago, JeanneAdil said:

wonder if the embassies got a notice that told them to ask for the most recent year

 

According to I 864 it reads "As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year"

 

IRS states  January 27, 2025 starts  the most recent year 2024

 

WASHINGTON — The Internal Revenue Service opened the 2025 tax filing season today and is accepting and processing federal individual tax year 2024 returns.

 

 

Going to be a nightmare for those who went thru California fires and 2 hurricanes here in the southeast as IRS extended those return deadlines to coincide with the deadline for claiming disaster relief.   Not sure how the embassys will handle such cases that are automatically extended by IRS   

 

WASHINGTON — The Internal Revenue Service announced today tax relief for individuals and businesses in parts of California affected by wildfires and straight-line winds that began on Jan. 7, 2025. These taxpayers now have until Oct. 15, 2025, to file various federal individual and business tax returns and make tax payments.

 

https://www.irs.gov/newsroom/irs-announces-tax-relief-for-taxpayers-impacted-by-wildfires-in-california-various-deadlines-postponed-to-oct-15#:~:text=The declaration permits the IRS,until Oct. 15%2C 2025.

 

Jan 27th is just when IRS began processing.  But there is no legal requirement to complete filing taxes until mid April.  

[Gaiden79 23]

6 hours ago, Crazy Cat said:

This was a mistake by the CO.  There is no way, they should be requiring 2024 tax forms this early.  Unfortunately, the shortest path of resistance is to give them what they want.  Make sure your new I-864 reflects accurate current annual income.

Current annual income = gross income from most recent pay period paystub multiplied times number of pay periods per 12 month period.

Good luck.

I agree and thank you for the help. I will just comply since like others have said it will be faster. 

[Edward and Jaycel 698]

Consular Officers don't make mistakes - They make brand new, never heard of policies 

 

😐 

 

[pushbrk 13,157]

8 hours ago, Crazy Cat said:

This was a mistake by the CO.  There is no way, they should be requiring 2024 tax forms this early.  Unfortunately, the shortest path of resistance is to give them what they want.  Make sure your new I-864 reflects accurate current annual income.

Current annual income = gross income from most recent pay period paystub multiplied times number of pay periods per 12 month period.

Good luck.

And do be aware there is a new version of the form.  Has nothing to do with this apparent mistake by the CO, but do use the current form.

[RobpalermoFR 1]

i was afraid this would happen to me. even though many people (and i agree with them) say no need to bring 2024 taxes or fill a new i864 form(now there is an updated version).

 

so with this info, do people think i should print, fill and upload a new i864? (i am the petitioner)

Also, do i need to sign my 1040 tax return? i just emailed a copy but it was generated by turbo tax and i didn't sign. 

 

thanks for advice. 

[hunny&me 274]

15 minutes ago, RobpalermoFR said:

i was afraid this would happen to me. even though many people (and i agree with them) say no need to bring 2024 taxes or fill a new i864 form(now there is an updated version).

 

so with this info, do people think i should print, fill and upload a new i864? (i am the petitioner)

Also, do i need to sign my 1040 tax return? i just emailed a copy but it was generated by turbo tax and i didn't sign. 

 

thanks for advice. 

Yes, I suggest you  update I-864, use latest form.    No need to sign, include the TT electronic post-mark certificate of electronic filing. Upload and also email to your spouse to print and take to interview.
Seems the same still happening when we filed in 2022 - Manila requiring updated 864.  We had a chat group back then, so, we get the scoop as each person undergo the interview.

[RobpalermoFR 1]

2 hours ago, hunny&me said:

Yes, I suggest you  update I-864, use latest form.    No need to sign, include the TT electronic post-mark certificate of electronic filing. Upload and also email to your spouse to print and take to interview.
Seems the same still happening when we filed in 2022 - Manila requiring updated 864.  We had a chat group back then, so, we get the scoop as each person undergo the interview.

thank you, i don't know what tt electronic post-mark is

 

when i e-filed my taxes with turbotax, it generated a 1040 form. it has all my info. but it doesn't have any signuture, so is it okay if i simply forward that pdf to my spouse? or do i have to print, sign (there is no place to sign btw) and mail?

[S2N 14]

13 hours ago, Crazy Cat said:

Jan 27th is just when IRS began processing.  But there is no legal requirement to complete filing taxes until mid April.  

And really October 15 is the cut-off because of the automatic extension.