AOS delay
#16
Re: AOS delay
You do not appear to be getting it - submit a complete copy of your US income tax return. It's that simple.
You say that you have a US income tax accountant? Have them give you a copy of the return, include it with the I-864.
You say that you have a US income tax accountant? Have them give you a copy of the return, include it with the I-864.
#17
Re: AOS delay
I don't know. 2 out of 3 years she had a loss. That doesn't look good. Plus, what she earned in 2010 is relevent, but it's not what she will list as income on the I-864. She will list *current* income on the I-864. It's now coming towards the end of the 3rd quarter of 2011.
Rene
Rene
Rene
#18
Re: AOS delay
Jeff - each year my UK accountant informs my US accountant of my end of year total salary and dividends which are taken straight from the company accounts.
My principal tax is paid in the UK (I'm paid in the UK in pounds into a UK bank account) and then we apply foreign tax credits to my US return so I'm not taxed twice on the same income (complicated!).
I could supply both US and UK bank personal bank statements to show business money entering my account and being transferred to the US each month along with a letter from my UK boss confirming salary I guess?
My principal tax is paid in the UK (I'm paid in the UK in pounds into a UK bank account) and then we apply foreign tax credits to my US return so I'm not taxed twice on the same income (complicated!).
I could supply both US and UK bank personal bank statements to show business money entering my account and being transferred to the US each month along with a letter from my UK boss confirming salary I guess?
A letter from your boss is a big plus for showing your *current* income which you will list on the I-864.
Rene
#19
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: AOS delay
Really, you're overthinking this and making it more difficult for yourself than it needs to be. They aren't interested in knowing how the income was derived... all they want is a copy of the return.
Maybe my UK tax return would work?
Ian
#20
Forum Regular
Thread Starter
Joined: Aug 2004
Posts: 43
Re: AOS delay
Thanks for your responses and apologies if I've been unclear - you can probably guess that tax systems are not my strong point!
This whole issue around my 2010 tax return started because (as mentioned in post #1) I was contacted yesterday by the IRS asking for more information in order for them to process my 2010 return (they asked me to clarify my home office deductions).
As it stands I have a copy of the 1040 and paid the fees in July, but the IRS haven't processed it yet.
I was told by an immigration lawyer that anyone can print a 1040 and write any numbers they want on it, but without a W-2, 1099 or tax transcript its worthless as proof of past income.
It sounds like this isn't true however which is GREAT news, so I there is no need for me to wait for them to process it or use a co-sponsor.
Many thanks for your suggestions and advice with this.
This whole issue around my 2010 tax return started because (as mentioned in post #1) I was contacted yesterday by the IRS asking for more information in order for them to process my 2010 return (they asked me to clarify my home office deductions).
As it stands I have a copy of the 1040 and paid the fees in July, but the IRS haven't processed it yet.
I was told by an immigration lawyer that anyone can print a 1040 and write any numbers they want on it, but without a W-2, 1099 or tax transcript its worthless as proof of past income.
It sounds like this isn't true however which is GREAT news, so I there is no need for me to wait for them to process it or use a co-sponsor.
Many thanks for your suggestions and advice with this.
#21
Re: AOS delay
I should have been a tad clearer -- I was referring to the first post where OP talked about the situation of their beloved. For example, it may be possible that the petitioner may NOW have adequate income. I don't know.
By way of general comment -- it is a common error for people to conflate the income requirements with the requirement of providing the last three tax returns. It is not necessary to show three years of income above 125% of poverty level.
By way of general comment -- it is a common error for people to conflate the income requirements with the requirement of providing the last three tax returns. It is not necessary to show three years of income above 125% of poverty level.
#22
Re: AOS delay
I was not present during your consultation with the lawyer so I don't know exactly what happened or what the paperwork shows. I know that it is not uncommon for clients to misunderstand what the lawyer meant -- it happened to me more than once. Or I would be consulted for a second opinion -- with permission of the client I would talk to the other lawyer and find out that either the client misunderstood something or there was a fact that one of us didn't know about.
BTW, that communication from IRS confirms you filed a tax return and requesting further information about the contents.
#23
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: AOS delay
I was told by an immigration lawyer that anyone can print a 1040 and write any numbers they want on it, but without a W-2, 1099 or tax transcript its worthless as proof of past income.
Ian
#24
Re: AOS delay
Faye...your husband is the USC, right? So it's really HIS tax returns that USCIS wants to see, not yours. If you guys are filing "married filing separately", then you will have separate tax returns. USCIS only asks for the USC's tax returns, not the intending immigrant's.
If you are trying to use your *current* income as a household member on your USC husband's I-864, then you only need to demonstrate your *current* income, not 2010's income.
Rene
#25
Forum Regular
Thread Starter
Joined: Aug 2004
Posts: 43
Re: AOS delay
Rene - my husband is the USC and has very little income (under $16k as he's an MA student) so it made more sense to use my personal income on the I-864 (over $70k) as a joint sponsor.
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
#26
Re: AOS delay
Rene - my husband is the USC and has very little income (under $16k as he's an MA student) so it made more sense to use my personal income on the I-864 (over $70k) as a joint sponsor.
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
To be on the safe side, you definitely can send in your own tax returns, in which case I say just print whatever you have from 2010 and send it in. Don't stress over the fact that IRS wanted something more, or that you don't have US conventional end of year statements. Just include whatever you included with the 2010 tax return and leave it at that.
Rene
#27
Forum Regular
Thread Starter
Joined: Aug 2004
Posts: 43
Re: AOS delay
Great, will do... thanks Rene
#28
Re: AOS delay
You are not a joint sponsor! You are a household member. There's a difference.
You assume correctly. The same documentary requirements apply to a household member as to the sponsor:
- A household member must provide either a tax transcript or a complete copy of their most recent US income tax return.
- A household member may, but is not required to unless asked for it, submit evidence documenting their current income if they think it will help to establish the sustainability of their income.
Harking back to your potential joint sponsor, who had an acceptable income last year but had no income for the two years prior, and it was the same source for all three years, she may want to provide evidence that she does still have current income comparable to or greater than her last year's income. I think it will be asked for. The case officer is sure to want to know if her last year's income was a once-off given the previous two years.
Regards, JEff
You assume correctly. The same documentary requirements apply to a household member as to the sponsor:
- A household member must provide either a tax transcript or a complete copy of their most recent US income tax return.
- A household member may, but is not required to unless asked for it, submit evidence documenting their current income if they think it will help to establish the sustainability of their income.
Harking back to your potential joint sponsor, who had an acceptable income last year but had no income for the two years prior, and it was the same source for all three years, she may want to provide evidence that she does still have current income comparable to or greater than her last year's income. I think it will be asked for. The case officer is sure to want to know if her last year's income was a once-off given the previous two years.
Regards, JEff
Rene - my husband is the USC and has very little income (under $16k as he's an MA student) so it made more sense to use my personal income on the I-864 (over $70k) as a joint sponsor.
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc
Last edited by jeffreyhy; Sep 15th 2011 at 6:54 pm.