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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

babesprincess
hi!

my fiance hasn't filed an income tax return for the year 2006. his latest income tax is 2005. he said he still cannot file for the year 2006 but he filed for an extension (to file for the year 2006) and besides the deadline will still be october 15, 2007. so i will have only his 2005 income tax. my interview will be on sept. 4.

i am worried about this. will this be a big problem during my interview? i read again the requirements of the affidavit of supports (in the instructions of filing the I-134). it says there, the latest income tax filed if self-employed. he's self-employed by the way. does the "latest" would mean any year as long as the last income tax filed and not necessary the 2006 income tax?

anybody know about this? i'm really worried crying.gif
babesprincess
i've got corrections...it says in the affidavit of support "the last income tax filed"....so will 2005 be qualified since no 2006 was filed yet?

thanks.
bszoom42
I think this would be a red flag for the consulate, as they will expect to see the 2006 tax form. You should be prepared to explain the situation, and have your fiancee explain in writing to the consulate why he has not filed yet.
babesprincess
i asked him to send to me the copy of his extension to file the income tax. i plan to present it so the consulate will know that not having the 2006 income tax is properly supported because of the request for extension. i hope this will help.

i guess you are right, i will ask him to write an explanation and will present it also.

thanks.
justbee
hi,

at my husbands interview they didn't give him the visa that day because they didn't have my 2006 tax return. they weren't accepting my letters from the irs stating non-filing for the past 3 years. i had been living in the uk for the past 3 years, so i never thought to file in the us.

BUT i have since learned they just want to see that you've filed the 1040, regardless if you made any money or not. so i have done my 2006 1040 in addition to a 2555 foreign income exemption form, showing i made a small amount in the UK.

so now, they are holding my husbands visa until my paperwork gets to them. we've also submitted a cosponsor which is really easy, to be sure that they have a financially able person to sponsor him.

so, i would expect a problem if your husband hasn't filed yet for 2006. the letter stating an extension may appease them. i can't be sure about anything with immigration anymore!
my husband and i were worried about his past police arrests from 10 yrs ago affecting his visa outcome, when in reality they didn't care about that! they cared about MY 2006 TAX RETURN, when they had evidence that i wasn't residing in the states and was earning in the uk. so go figure!

good luck with your interview! my husband said it wasn't so bad as expected.

bee
babesprincess
QUOTE(justbee @ Aug 7 2007, 01:31 PM) *
hi,

at my husbands interview they didn't give him the visa that day because they didn't have my 2006 tax return. they weren't accepting my letters from the irs stating non-filing for the past 3 years. i had been living in the uk for the past 3 years, so i never thought to file in the us.

BUT i have since learned they just want to see that you've filed the 1040, regardless if you made any money or not. so i have done my 2006 1040 in addition to a 2555 foreign income exemption form, showing i made a small amount in the UK.

so now, they are holding my husbands visa until my paperwork gets to them. we've also submitted a cosponsor which is really easy, to be sure that they have a financially able person to sponsor him.

so, i would expect a problem if your husband hasn't filed yet for 2006. the letter stating an extension may appease them. i can't be sure about anything with immigration anymore!
my husband and i were worried about his past police arrests from 10 yrs ago affecting his visa outcome, when in reality they didn't care about that! they cared about MY 2006 TAX RETURN, when they had evidence that i wasn't residing in the states and was earning in the uk. so go figure!

good luck with your interview! my husband said it wasn't so bad as expected.

bee



hi,
thanks for the info and advice...
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