NVC Requirement for Income Tax Return

[gil & gina 0]

Hi to all VJ members!

I have a question with regards to the immigration requirement on Income tax return. Right now I am on the process of filing 1040x (amended return) coz previously, in the last 3 yrs, I was filing as single (as advised by HR block coz my husband has never been in U.S.), until I learned that Im supposed to file as married, and I might have an issue with immigration if I dont amend that. So, I decided to file as married-filing jointly. Right now, i am planning ahead to avoid delays, my questions are:

• Once NVC asks for the Income tax return, what documents will I give them?
  
• Can I give NVC a copy of the 1040x that I will be sending them, or I can just send them my last 3 yrs tax transcript when I filed as single, or both?
  

I called IRS today: they told me that an amended return (1040x) takes 8-12wks for the approval, they will send me a letter that my previous tax return is amended. If I wait for my income tax to be amended, it will delay our NVC process.

I will appreciate any suggestions with regards to this matter. Thanks so much in advance!

[CaliforniaGuy 2]

I would send the last 3 years including the amended that hasn't been approved yet. Also send employement verification letter and the recent W2.

[Alex B 9]

Hi to all VJ members!

I have a question with regards to the immigration requirement on Income tax return. Right now I am on the process of filing 1040x (amended return) coz previously, in the last 3 yrs, I was filing as single (as advised by HR block coz my husband has never been in U.S.), until I learned that Im supposed to file as married, and I might have an issue with immigration if I dont amend that. So, I decided to file as married-filing jointly. Right now, i am planning ahead to avoid delays, my questions are:

• Once NVC asks for the Income tax return, what documents will I give them?
  
• Can I give NVC a copy of the 1040x that I will be sending them, or I can just send them my last 3 yrs tax transcript when I filed as single, or both?
  

I called IRS today: they told me that an amended return (1040x) takes 8-12wks for the approval, they will send me a letter that my previous tax return is amended. If I wait for my income tax to be amended, it will delay our NVC process.

I will appreciate any suggestions with regards to this matter. Thanks so much in advance!

I think you can file as either. In my case I used to file "Head of Household", last year I got married but my wife isn't considered a resident for tax purposes. The IRS allows me to either continue to file as head of household, or to have her treated as a US Resident for the tax year. In my case it's actually an advantage to treat her as a US resident, even though she isn't.

You should read: http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html weird how it's under "business", but hey it is Uncle Sam after all.

There's also an online worksheet somewhere on their site for filing status and it also said I could file as either.

I'm wondering though if filing the joint return shows more evidence that would help the immigration people.

Alex.

[calibob 73]

I amended two of my 3 years and gave the tax account and tax return transcripts. Since you amended returns aren't logged yet then I'd send the submitted amended ones and the ones when you filed single. This is so they know how you got the 3 years adjusted gross totals you did get. No check list resulting from my way of filing so I'd guess if you submit what you have done and get the transcripts when they are done(in case you need proof at interview) you should be fine.

Bob

[gil & gina 0]

@CaliforniaGuy, @Alex, @ Bob: I will follow your advice. Thank you all so much!