Tim Cederman-Haysom

Hi all,

I'm currently an Australia/US dual citizenship holder trying to get a
visa for my wife. I have enough assets to sponsor her, and have found
a place to live in the US, so hopefully domicile should be fine,
however I am being stymied by the requirements for the past three years
of tax returns.

I admit I have been a bit lazy, having been a student and growing up in
Australia, in filing these. The last one I filed was in 2002, so I
assume I need 03, 04 and 05 for the application.

My question is, how long will it take if I post off the necessary forms
tomorrow? As a student I earn only $20k a year through tutoring etc,
plus another $18k on tax exempt scholarships. Either way I'm above the
minimum for lodging a return and below the maximum for the 2555-EZ
requirement. Is there any way of fast-tracking the processing of this?
Or if I send it off and have proof of posting it and take copies of
the application to my wife's interview, will this be acceptable?

Thanks for your help.

Regards,
Tim

Elvira

Why not file on line? That would give you instant proof.

sgallagher

Elvira wrote:
    > > Hi all,
    > >
    > > I'm currently an Australia/US dual citizenship holder trying to get a
    > > visa for my wife. I have enough assets to sponsor her, and have found
    > > a place to live in the US, so hopefully domicile should be fine,
    > > however I am being stymied by the requirements for the past three
    > > years
    > > of tax returns.
    > >
    > > I admit I have been a bit lazy, having been a student and growing up
    > > in
    > > Australia, in filing these. The last one I filed was in 2002, so I
    > > assume I need 03, 04 and 05 for the application.
    > >
    > > My question is, how long will it take if I post off the necessary
    > > forms
    > > tomorrow? As a student I earn only $20k a year through tutoring etc,
    > > plus another $18k on tax exempt scholarships. Either way I'm above
    > > the
    > > minimum for lodging a return and below the maximum for the 2555-EZ
    > > requirement. Is there any way of fast-tracking the processing of
    > > this?
    > > Or if I send it off and have proof of posting it and take copies of
    > > the application to my wife's interview, will this be acceptable?
    > >
    > > Thanks for your help.
    > >
    > > Regards,
    > > Tim
    > Why not file on line? That would give you instant proof.

The IRS doesn't permit online filing for prior years. If a person
wants to file a tax return for previous years, it must be a paper
return.

Tim Cederman-Haysom

Apparently the requirements have now been dropped to one year of prior
returns, but I have posted off all my returns already. I might file
online if they are not received or processed in time.

Just wondering - is anyone familiar with what they actually want when
they ask for copies of the returns? Is it simply a copy of what I
submitted to the IRS? Or will the IRS post something to me?

Also, just wondering how it affects my application if I sponsor purely
based on my assets and don't claim any income? Will they be cool with
that?

Thanks
Tim

meauxna

The one-year requirement does not apply to your type of case--it is only for Adjustment of Status cases, not visas.

"They" want your last 3 returns. I'm sure there are a number of reasons for that.

I filed my I-864 from abroad on just assets. My husband has a small income that follows him around, but it's mainly to keep him in hobbies.
I was questioned about my job prospects, and my circumstances were covered to see that I was, in the CO's kind words, not too old to be employable in the future

Noorah101

The requirements for 1 year of tax returns only applies to those already in the USA who are adjusting status to permanent resident. The I-864 presented to the consulate for an immigrant visa could very well still require 3 years.

They want either 1) a photocopy of all the pages of your federal tax return; or 2) an IRS-issued tax transcript which can be ordered on line or by calling IRS. They usually also want to see original W-2's.

If you meet the income requirements based purely on your assets, I believe that is acceptable. Remember the asset amount should be 5x the minimum requirement. You'd still need to provide the tax returns, though.

Best Wishes,
Rene

snowbunny

The consulates are changing to the 1-year policy and the CO in Amsterdam only wanted my 2005 tax return and W-2 -- no paystubs, no 2003, no 2004, though she did look at them.

Tim Cederman-Haysom

Thanks everyone :)

I've made a photocopy of what I sent to the IRS (three years worth of
returns)... hopefully it'll actually get processed by the IRS by the
time they look at them. I easily pass the asset test even allowing for
5x$16500. Now if only I could find a pesky US notary public to
notarize this I-864 for me...

Noorah101

Go to your bank, they usually have a notary available. Also look in your phone book, there are notaries out there everywhere, and even some that will travel to YOU, if you can't go to them.

Rene

snowbunny

Many workplaces have a notary onhand as do most county clerks' offices.

meauxna

Since you are overseas, you can have the I-864 notarized properly by an officer at the consulate, for no additional charge. Since you're in Australia, you can likely do this on the day of your appointment---unless you're in one of the 2 states that requests the I-864 to be mailed in before the appointment.

Since you are overseas, don't go to your bank or elsewhere.. the witness must be a US Notary Public (often hard to find outside a US Consulate).

Noorah101

OOPS....my bad. I forgot the OP was overseas.

Rene

Tim

Thanks again everyone for the informative replies...

Unfortunately my list of instructions manage to contradict themselves,
telling me to both post it and NOT to post it (in two separate
places!!).

I also found contradictory instructions that said that a notary listed
with the US embassy would not require further authentication by the
embassy, and another saying that all notaries that were not US consular
officials would require authentication. ARGH!

I decided to spend the $60 and have it notarized and post it off -
hopefully someone within the embassy can handle the authentication for
me. Seems silly I'd have to post it to them, have them post it back to
me, and then post it to them again. Otherwise I'm sure I can sort it
out at the interview?

For other Australians having problems with notarizing... here's a
semi-coherent webpage about it
http://canberra.usembassy.gov/consular/notarials2.html

And seriously, I'd love to know whether I was supposed to send the
I-864 in...any Aussies who've been in a similar situation want to share
whether the states other than NSW and ACT have to send in the I-864?

Tim