US Tax Returns - prior to interview
 

Hi all,

I'm the husband of a USC, and we're mid-way thru the DCF immigration process, having just received NOA2 & we're ready to complete DS-260 and schedule the medical & interview.

My wife has lived here, in the UK, with me, on a fiance-then-spousal visa, for the last 3 years. Only recently (admittedly through negligence on our part :o ) did we realise that she needed to file US tax returns even though she was earning below the foreign taxable income threshold of $1xx,xxx (doh!).

We've now put these returns together, reporting on her income whilst living here in the UK (using the necessary yearly-reported exchange rates), and none of them reach the threshold required for us to pay any US tax (yay), but we're not yet sure if we'll be fined or receive any penalties (boo?).

So, as you might guess, the main question is this:
Do we need to (or should we) wait for receipt of these tax returns, or worse, wait for receipt and then subsequently request an IRS transcript matching these returns, prior to attending the visa interview?

Or, are we OK to mention the fact that these were filed (late) recently and provide the forms themselves at the interview?
Please bear in mind this is DCF and thus whilst the wife will be a sponsor as expected, her financials will have no bearing on the resulting acceptance or denial - but I'm unsure as to whether this makes a difference of course! :huh:

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FYI we are being joint-sponsored by her grandparents through their shared retirement income. We have full IRS transcripts for the last 3 years as well as SSA/Other pension 1099s to bring to the interview. The IRS transcripts clearly display income above the required poverty line for the household size. We're hoping this should be enough to prove the financial needs of the visa...

Much appreciated & TIA
D + K

Re: US Tax Returns - prior to interview
 

Yes, she needs to file them. It's part of the intent to re-establish domicile. The transcripts take a long time - 8 weeks plus - to be ready once you post the returns, plus then another week or so for delivery (I just did this). The Embassy says they are ok with just photocopies of the return, so unless your timeline is long and allows you to wait for the transcripts, I'd just go with photocopies to show they've been submitted.

Re: US Tax Returns - prior to interview
 

A bit off topic but if your wife has been here for 3 years, she'll be entitled to British Citizenship, might be worth obtaining that before you leave so if you ever have to come back, she will be a citizen and not subject to all the visa restrictions again.

We were in the same situation as you. My wife had been here for 5 years and hadn't filed a single tax return but she went over for a week to get all of her paperwork straightened out so all her names matched as she hadn't had the chance to change her name on Social Security and various other things and do her tax returns. She took her P60's for the last 3 years and they filled it an printed her forms and tax transcripts that day so when she came home at the end of the week all her US based information was in the correct name and everything filed correctly. I'm not saying this is what you should do, just how we ended up doing it which worked.

Hope that helps

Re: US Tax Returns - prior to interview
 

Thanks for the replies, all.

Great news! We're aiming to move in October, so we definitely have some time compared to other tighter schedules, but we still fear that it won't be long enough to request and receive transcripts.

Sadly I don't think that's true - she entered on a fiancé visa (required to marry within 6 months) and then a spousal visa - FLR(M). In order to be eligible for an ILR visa (which would then enable citizenship) we'd need to submit another 2.5 year FLR(M) visa, and wait for that to expire.

Pretty annoying, I think it was only recently that they made it a 5-year journey to citizenship. We simply don't want to spend another 2.5 years here in the UK, but sadly, as you say, we'll have to go through the process all over again... :thumbdown:

Thanks for the info. I think we'll go ahead and submit the returns ASAP, make photocopies and take them along to the interview with us.

I really can't imagine that this would be an issue or force a visa denial, but hearing that people have been in similar situations really helps cool the anxiety.

Re: US Tax Returns - prior to interview
 

I understand what you mean but, to clarify - only one of her grandparents is a joint sponsor... the other is a contributing household member. The terms are not interchangeable.

Ian

Re: US Tax Returns - prior to interview
 

It's on the i-864 instructions, but just make sure you also photocopy any accompanying forms like W-2, 1099, 2055, Schedule B, or whatever.

Re: US Tax Returns - prior to interview
 

My husband has 2 years of returns to file but is going via H&R block as he isn't happy with doing it by himself.

Will we receive documentation back immediately to take to the interview? We're about to submit docs to them shortly.

Apparently they do not take P60's and only monthly pay slips?

Re: US Tax Returns - prior to interview
 

Just keep a copy of everything sent to H&R Block. That's ask you need for the interview.

Rene

Re: US Tax Returns - prior to interview
 

If you ask them to print the entire return, then yes - you'll get a copy. If you don't ask, you likely won't.

Ian

Re: US Tax Returns - prior to interview
 

Perfect i'll ask them to print the return and send it over to us.

Re: US Tax Returns - prior to interview
 

Quick update for anyone searching -- I hate seeing threads where questions are answered but then having to play the guessing game as to whether the end result was successful or not!

There was no issue with providing a note explaining the late filing of the tax returns and, in place of IRS transcripts, copies of the recently filed 1040 (&2555EZ) forms. Our visa was approved.

Re: US Tax Returns - prior to interview
 

Congratulations!

Rene