Shiiuga

Hi all

Just a query. My interview for a marriage based green card is coming up in just under 2 weeks time at the London embassy but we've hit a potential snag with my wife's tax filing for her I-864 form.

The situation is as follows:

My wife filed late tax returns for 2014 and 2015 around July last year as part of our getting ready to submit the application for the green card after our marriage in August. She earned over the $10,000 dollar threshold for paying tax in 2014, but as she had paid tax on these earnings in the UK, was exempt. She still had to file this year because she was over the threshold even though she didn't owe. For 2015, she was unemployed the whole year so she was not required to file, but did so anyway for completeness. In 2013 she was not required to file as she was included on her mother's taxes as a dependant.

The 2015 form was returned as she had missed some information out of boxes, which she corrected and returned again. The 2014 form (which was sent with the original 2015 form) was not returned with any queries.

We saw recently that in the instructions for the I-864 that it required a transcript from the IRS that proved late filing if any of the last three years returns were filed late. So, we rang up the IRS who faxed over the 2015 transcript but said they had absolutely nothing on file for 2014.

This has sent us in to a bit of a panic because as we live in the UK and because the IRS takes a long time to provide transcripts after receipt that we are not going to be able to satisfy them that my wife has met her tax obligations to the IRS.

She will not be the primary financial sponsor as she did not earn enough money last year - her dad is filling that role as a joint sponsor. His I-864 is in order.

We intend to refile ASAP but obviously will not be able to get the transcript back in time to prove it's been filed.

My questions are:

If we don't bring anything with us about 2014, are they going to ask anything beyond 'has it been filed?' given that it's not the most recent tax year, and it says that we're only required to provide the most recent year (which we believe to be 2015 but are prepared for if it's 2016 instead)?

If they do ask and we can't prove receipt is the visa going to be refused on this basis? Will they give us time to correct this and/or will there be any leeway for it being the IRS's mistake? As she is not going to be the primary financial support is this not a big deal?

If it is a problem should we go to the interview anyway or postpone it until we can get this resolved?

Thanks for your help.

Noorah101

No way to predict what they will ask, but always tell the truth if asked.

What do you mean by being prepared if they ask for 2016? If she has already filed the 2016 tax return, then by all means bring a photocopy (of the entire tax return) to the interview! Otherwise, all you can show is whatever you have.

No.

Yes.

Probably no leeway if it turns out to be an IRS mistake. It's up to you/her to keep records of everything submitted to IRS.

Most likely this, yes. Since there is a joint sponsor, your wife's tax returns probably won't be looked at very closely.

Most definitely go to the interview anyway. Do not postpone the interview. If anything is missing at the interview, they will let you know and give you time to obtain it.

Rene

Noorah101

Immigrant Visa, not green card.

Immigrant Visa, not green card.

Rene

Rete

Noorah101 touched on the joint sponsor but I wanted to be sure that you know that your wife is the primary financial sponsor. When or if you are approved for the CR/IR-1 visa and enter the US and file and receive any means tested aid from the government, they will go after your wife first for reimbursement. If she cannot provide reimbursement, they will then go after the joint sponsor for reimbursement.

It is important that you, she and your joint financial sponsor know these facts.

ian-mstm

To clarify, your interview is for a marriage-based immigrant visa. The terms "immigrant visa" and "green card" can not be used interchangeably because they are not the same thing.


That's really all that matters.

Ian

Shiiuga

Thanks for your answers, everyone.

We aren't completely sure what they will consider the most recent tax year. The 2016 tax year ended on December 31st but US citizens are not required to file until April for the previous tax year. We think that they mean the most recent tax year for which you are required to have filed already, so 2015. However, as my wife was unemployed for the whole of 2016 she is not required to file at all this year, so we will bring a letter to prove this, and an I-864 reflecting that 2016 is the most recent tax year. It may be more complicated for our joint sponsor though.

So, without giving any concrete assurances (or expecting any on my side) this is unlikely to pose a problem on the day of the interview that will lead to delays?

Oh, and re: the green card/immigrant visa thing I know, it's just referred to as that colloquially a lot on a lot of the websites we've been consulting so it's become a habit to call it that. One I definitely need to break!

Noorah101

The most recent tax year is the one that was most recently filed, so in your case, 2015.

Correct.

Rene