DENIED :( :(

[Beau79 0]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

[love1080 0]

hi

sorry to hear that....here is the link hope it will be of use to u..i got ir from one link.

all the best ..dont worry

864P.pdf

[Serendipity_ 0]

Sorry to hear about your case....get the tax documents to the cosulate ASAP... Good Luck

[Minya's wife 24]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

Edited March 30, 2009 by Minya's wife

[HappyDancer 7]

I don't think your wife has been denied but you have to present proof of sufficient income to support your family when they get to the States. hope all goes well. Get things done soon! Good luck.

[Beau79 0]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

It's unfair that just 4 weeks ago she received information about her interview, where it was, and what to bring. If the tax returns are something they want to see, as in most up to date, one would imagine that they could have requested "bring most recent tax return documents" and this would NOT have happened. There is a due date for that reason, not everyone can have their taxes done well before the due date, especially if you own multiple businesses or have shares in corporations. Either way I've made well above the poverty guidelines and I thank you for your advice. I will keep everyone posted.

[Randomdude 0]

That really sucks. I've also only sent the tax returns for 2005, 2006, and 2007. I applied for a CR1 for my wife, and if they now require me to add the 2008 papers, that will really mess things up. I currently make well over the poverty guidelines, and I also made over those numbers in 2007. But in 2008 I was out of the country most of the year. Will this ruin things and make me have to get a co-sponsor even though I currently make over the required amount? If I have to get a co-sponsor will I now have to redo all my I-864 papers so that those numbers match too? This sucks!

[Beau79 0]

That really sucks. I've also only sent the tax returns for 2005, 2006, and 2007. I applied for a CR1 for my wife, and if they now require me to add the 2008 papers, that will really mess things up. I currently make well over the poverty guidelines, and I also made over those numbers in 2007. But in 2008 I was out of the country most of the year. Will this ruin things and make me have to get a co-sponsor even though I currently make over the required amount? If I have to get a co-sponsor will I now have to redo all my I-864 papers so that those numbers match too? This sucks!

I mean, had I known that they would pull this, I would have turned my world upside to get my returns done for the interview. I would suggest you do the same, why give them the opportunity to delay things if you can avoid it. She doesn't know what I earned for 2008, so she told my wife that if I didn't make the limit, I would need a co-sponsor. I would seek professional advice or advice from members more familiar here.

[Hell0W0rld 10]

if you had your W2 or whatever W you use for 2008 plus a few recent paystubs would actually suffice...

Edited March 30, 2009 by HelloWorld08

[Minya's wife 24]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

It's unfair that just 4 weeks ago she received information about her interview, where it was, and what to bring. If the tax returns are something they want to see, as in most up to date, one would imagine that they could have requested "bring most recent tax return documents" and this would NOT have happened. There is a due date for that reason, not everyone can have their taxes done well before the due date, especially if you own multiple businesses or have shares in corporations. Either way I've made well above the poverty guidelines and I thank you for your advice. I will keep everyone posted.

From the I-964 instructions:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photo copies of your Federal individual income tax returns for the three most recent years.

The "most recent tax year" for the US is 2008. The filing due date for 2008 is April 15th, but the tax year has been over since December. I understand that some may not be able to complete their filings until the due date, or close to, but given given that the information they have for you is more than a year out-dated, and you can come up with updated information in a short period of time (you have to file in two weeks anyways) I don't think its unreasonable to request this year's tax returns.

good luck and a speedy reunion to you and your wife.

-p

[MrsRowe 2]

No need to mail it in. Do it online for free at www.turbotaxonline.com. It is very easy to use. Just print out a copy of your returns and send in your w-2's with it. That's all. Takes just a couple of hours and you are done. Good luck.

[trailmix 77]

So my wife had her interview today at the Montreal Consulate, and everything went well until they reviewed tax returns. They said that since its tax season now, they want my 2008 tax returns. This is unfair as my tax returns are not DUE for another 2 weeks! My income was more than sufficient from 2005-2007. I'm so down. This process has taken SO long. Now have to rush my tax returns, mail them, and then sit and wait. Does anyone know what the required minimum is for a 2 person household in the U.S.? If I'm not above it, I'll need a 2nd affidavit of support. Please help...

Why would it be unfair? Providing the sponsor's current income information is part of the visa qualification process. Requesting this current information from the sponsor two weeks before the national due date to file taxes is not unreasonable. This tax filing is for income from 2008....what they have of yours is for 2007....more than a year old.

What visa has your wife applied for? Did you fill out a I-134 or I-864? The 2008 poverty guidelines state that for a household of 2, your annual income must be $14,000 (@100%) and $17,500 (@125%).

It's unfair that just 4 weeks ago she received information about her interview, where it was, and what to bring. If the tax returns are something they want to see, as in most up to date, one would imagine that they could have requested "bring most recent tax return documents" and this would NOT have happened. There is a due date for that reason, not everyone can have their taxes done well before the due date, especially if you own multiple businesses or have shares in corporations. Either way I've made well above the poverty guidelines and I thank you for your advice. I will keep everyone posted.

From the I-964 instructions:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photo copies of your Federal individual income tax returns for the three most recent years.

The "most recent tax year" for the US is 2008. The filing due date for 2008 is April 15th, but the tax year has been over since December. I understand that some may not be able to complete their filings until the due date, or close to, but given given that the information they have for you is more than a year out-dated, and you can come up with updated information in a short period of time (you have to file in two weeks anyways) I don't think its unreasonable to request this year's tax returns.

good luck and a speedy reunion to you and your wife.

-p

On the other hand, from the Adjudicator's field manual:

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing fo r the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

Example 1 : Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

Example 2 : Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

Example 3 : Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

Good luck to you OP, I hope you don't mind i'm going to post your post in the Canada forum.

[Beau79 0]

No need to mail it in. Do it online for free at www.turbotaxonline.com. It is very easy to use. Just print out a copy of your returns and send in your w-2's with it. That's all. Takes just a couple of hours and you are done. Good luck.

I'm have the accountant work on this asap. I mean the good thing is that she was pretty much approved. Its just a matter of getting the paperwork done, and mailing it out and then waiting.

Thank you all for your quick help. Its much appreciated. Just about the best that can be done during times such as these.

[Y's_habibitk 2]

I know its frustrating, just get them in asap. She wasnt denied, so take a breathe and relax. It will get done.

Email the consulate and ask if a copy of your recent w-2's and check stubs would be enough. That is worth a shot.

this has been happening all this year, actually some interviews in as early as Janurary were being told that they needed '08 returns.

Good Luck

[Randomdude 0]

No need to mail it in. Do it online for free at www.turbotaxonline.com. It is very easy to use. Just print out a copy of your returns and send in your w-2's with it. That's all. Takes just a couple of hours and you are done. Good luck.

But what would you suggest in my case? I didn't make over the amount for the 2008 year as I was out of the country for the majority of the year. What's the most important thing that they look at? Last year's return, or the fact that I'm currently employeed and in good standing? If this all boils down just last year's returns, I think that's so crappy because that would require me to add sponsors.

Thanks for any help guys!