Hello

My fiancee had an interview on the 13 of this month, but she didn't pass. She got a blue slip, it said that she need to turn in form irs 1722. Someone please tell me what it is, and where I can get it.
thankyou

Is it tax transcripts from IRS ?

I am pretty positive that it is the Internal Revenue Service Tax Transcripts. You can order them on the phone, and they are free, but they take like a week or so to get them. I would call and ask for faster service, maybe they can fax them to your fiancee, or to you.

Another Blue Slip!

Boy, I really cannot wait.

Check here: http://www.irs.gov/individuals/article/0,,id=110571,00.html

I hope this link will help:

https://www.owens.edu/financial_aid/irs_instructions.pdf

I better get this before my fiancee interview.

Thanks for asking.

if you file k1 through hcmc and need co-sponsor, then expect delay and request of more tax document from the c/o. That is what happen to me.

I am going to have to do this guns a blazing if I want my girl to avoid that blue slip. My parents are co-sponsors and they have good jobs, two homes (both almost completely paid off) huge savings accounts and stocks and bonds. I'll have proof of all of that for Anh when she goes.

But it is ME that is the worry.

Hi VJ,


This is a rediculus request from the CO. I don't know if the consulate don't know or he/she intents to ask for something that 's been obsolete. I just called the IRS and spoke with the representive there. She told me that the IRS 1722 Letter is obsolete and they don't issue that any more, so I ask for the transcript instead. I aslo asked for the publication of the change in procedure at the IRS. She told me to inform the consulate that the IRS is no longer providing 1722 letter, and if he or she don't believe me they can call the IRS directly for verification.

TT3,

I'm curious as to what did you or your fiancee present the tax documents to the CO@HCMC?

I'm just curious that the CO was asking you for something that's been obsoleted.

tt3,

1. Did your fiance(e) carry the past 3 years of tax returns for you and the co-sponsor to the interview?

2. Have you or your co-sponsor ever had any unusual circumstances when filing taxes within the last 3 years?

3. Can you post exactly what the blue slip said?

I think a little more detail would help us understand the blue slip more, and also help lead this VJ member in the right direction. If it is certain, as menyoo found out, that the IRS doesn't issue this 1722 letter anymore, then more detail from this would certainly help us help you!

Best of luck!

STL_HCMC

My fiancee only carry tax returns for 1 year. The C/o said that they don't accept co-sponsor for k-1 visa.

I don't have any unusual circumstances when filing tax within the last 3 year,


The blue slip say I don't have enough income to support my fiancee, and it also say that I need not turn in any document, until my income is improve significantly. It also said that if I need to turn in any document at later date, I have to get form irs 1722 tax transcript of current year tax.



At the bottom of the page it said that if I don't supply document or evidence requested, or take any action within one year, then the application will be cancel

tt3,

Thanks for replying to my questions. Your answers definitely will help everyone on VJ better understand your case and offer further suggestions.

Do you mind me asking what your relationship with your co-sponsor is?

1. If I were you, I would be looking high and low for the next opportunity for a job that paid you an income sufficient enough to satisfy their requirements. The trick is going to be figuring out what their income requirements are.

You see the US Consulate in HCMC told me (via email) that the interviewing officer will have the greatest discretion in determining whether or not a petitioner's income is sufficient to meet the minimum poverty income guidelines when the I-134 is used.

They went on to say that there is no provisions under the law for a co-sponsor for the I-134, but there is no prohibition either, which is why their policy is to accept co-sponsors under certain circumstances. Since the co-sponsor who submits an I-134 has no legal obligation to fulfill the terms of the affidavit, the interviewing officer can take into consideration the credibility of the affidavit of support, and living in a different state can be a criterion for denial.

However, in an attachment posted by dalegg in another thread, it seems they make reference to joint support with the following (see the attachment for the official view):

As the fiance(e) of of a U.S. Citizen, generally you are expected to provide Form I-134 and supporting documents from your U.S. Citizen fiance(e) or your fiance(e)'s family stating their responsbility and ability to provide financial support for you and your accompanying children. Form I-134 is included in this mailing. You may also be able to satisfy the public charge provision of the law by presenting documentary evidence that:

1. You have, or will have, personal funds in the United States sufficient to support yourself and your accompanying children, or sufficient to support yourself and your accompanying children until you find employment in the United States;

2. You have arranged employment in the United States that will provide an adequate income for you and your accompanying children;

3. Relatives or friends in the United States will assure your support; or

4. A combination of above criteria

Answer the questions about the relationship of your co-sponsor and that might help even more. However, it sounds like more income is the solution to your hold up.

STL_HCMC

I just received an email from HCMC replying to my questions about my file arriving and the I-134 contrvoersy. They say, flat out, they do not have to accept I-134's. In addition, they say that they require the outdated IRS form 1722! WTF?!

Here is the email they sent to me:

Regarding your concern of the denial of the co-sponsors in most of fiancé(e) (K1) visa cases that the petitioners' incomes were found insufficient, please be informed that the simple submission of an I-134 Affidavit of Support is not sufficient to establish that a K1 applicant is not likely to become a public charge. Consular officers are required in the case of both sponsors and joint sponsors to consider the sponsor's motives in submitting the I-134 Affidavit of Support. Quoting from the FAM, "When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, the affidavit may be favorably considered by the consular officer. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value." In consular officers' judgment, the ties between the applicant and the joint sponsor in the present case are not forceful and compelling.

I would especially like to draw your attention to the following phrase from the above quote: "...may be favorably considered..." [emphasis added]. In real-world terms, consular officers have a great deal of discretion with regard to determining eligibility under INA 212(a)(4) in cases where the I-134 affidavit of support is used. If a legally-binding I-864 affidavit of support is used, consular officers have very little discretion. To reiterate: the legally-binding I-864 affidavit of support is not authorized for use with K-1 cases.

Regarding your concern of the requirement from the petitioner in K-1 cases, please find the below:

1. Affidavit of Support Form I-134 (original, signed and notarized);
2. The preferred 1722 tax transcript from IRS for the past year;
3. Current employment letter (on company letterhead)/ valid business license;
4. Bank statements or documentation of assets;
5. If you are required a joint sponsor, the joint sponsor must submit all documents like the petitioner plus proof of citizenship or LPR status (U.S. birth certificate, naturalization certificate or green card). As stated above, the acceptance of the joint-sponsor will be at the interviewing officer's discretion at the time of interview;
6. Letter of explanation regarding the relationship between the petitioner and joint sponsor;
7. Proof of Applicant's relationship with the petitioner and applicant.

My brother and sister is my co-sponsor

Matt,

I think this response from the consulate is positive news for you and I both, considering we are both using co-sponsors who are parents, and according to the consulate "forceful and compelling" in their relationship to us. EVERY case is different, and that is why I always ask the relationship of the co-sponsor to the petitioner when I see a blue slip issued because of this. It's that credibility I talked about in an earlier post with you and yellow123. Perhaps they saw yellow123's co-sponsor (i.e. brother-in-law) as less credible. What happens if the co-sponsor divorces yellow123's sister? The I-134 is non-binding legally.

If you read the list of documentatin that they listed for you, other than the IRS 1722 preferred tax transcript, there was no mention of any previous years tax return. Perhaps they want the 1722 tax transcript instead of the actual tax filing that is held by the co-sponsor. I think the 1722 issue warrants a further reply to the US Consulate. Perhaps you could reply to your email and request additional specific information regarding the 1722. You might also mention that menyoo called the IRS personally and they told him they DID NOT issue that type of document anymore.

Either way, I found your email as good news. We just need to clear up the 1722 issue!

STL_HCMC

Way ahead of you. I immediately emailed asking about the 1722 and informing them the IRS has discontinued its use and to please advise me as to what else would be acceptable.

I also described to them the new automated process by which you can get your tax transcripts from the IRS.

Great! I look forward to a post regarding their apply, if you don't mind doing so!

STL_HCMC

Not at all. Of course, Lord only knows if they will even respond.

It just amazes me that A US CONSULATE doeesn't even know about what forms are available. If this office was located in the US I believe that there would not be so much inconsistency. They need to get there crap together, or get staff in there that knows what they are doing.

In regards to the employment letter, I submitted one with my original petition. It was on company letterhead, and stated I am a full time permanent employee for since 1994, with my current hourly rate. In a previous post it mentions about a valid business license. Should my companies license number be on the letter or as long as they have one?

I FEEL LIKE MY HEAD IS GOING TO EXPLODE with all these uncertainties of what they require.

I just contacted the IRS about form 1722 and she told me that this form is a verification form for not filing. What I am thinking is that maybe you did not provide 2005 as evidence and they are requestiong this form, which the woman told me that they do not provide this any more. She told me that some other offices may still have these. I would suggest calling the IRS and speak to someone. You just hold on the phone until an operator answers. Ask her where you can obtain these forms.

I really hope you can get this resolved, and I hope this information helps in your process. DON"T GIVE UP!!!!

This is all quite interesting regarding the 1722. I really hope that Matt's reply back from the consulate will clear matters up. No use going around in circles with the IRS when the buck counts at the consulate.

tt3,
Did your co-sponsor provide 2004 or 2005 income taxes for the interview? If they used 2004, perhaps the US Consulate wants to know the reason for not filing since the April 17th tax day is quickly approaching!

See what I mean about each case being unique in its own way?

STL_HCMC

my co-sponsor use 2005 tax, the c/o doesn't say anything about the co-sponsor. All he said is for k-1 visa, we do not accept co-sponsor.

tt3,

Well perhaps if Matt_Stevens gets a reply back from the consulate in HCMC, they will have hopefully answered his questions regarding the necessity of the IRS 1722, how to get it and why it is requested. Stay tuned for his reply.

STL_HCMC

I posted this question to "Questions for Landy" thread. Anyone have thoughts about this?


Landy,
Were you requiered to have the irs1722 form or was the W2 and 1040 sufficiant enough? I will not be using a co-sponsor, so I am thinking that the irs1722 is only requested if using a co-sponsor

We weren't. Only the W2s and 1040s

What's the big problem with ordering your tax transcripts? They've always worked well for me (thru N-400).
I can recall a user here who had to get Letter 1722; he didn't have a problem getting it, either. It's just a fancy form of the transcript & you order them over the phone.

When you order them over the phone, they do not give you that option anymore. I know because I called.

Unless I missed something.

THey do have an automated system, but if you wait for all the options, at the end it says if you have not heard what you are looking for stay on the line, then you can speak to an operator. I just did that last week and the lady told me 3 times, It is a VERIFICATION OF NON FILING, and they no longer provide this form, but she could have given me information where I could have gotten one. I filed taxes for the last 12 years, so I didn't get the information. I should have gotten it anyway and posted it, I am sorry I wasn't thinking.

Matt,

Have you heard anything back from the US Consulate in HCMC about the clarification of the request and need of the IRS 1722 form?

STL_HCMC

Nope. If I heard anything I would post it here. It seems they are their usual slow self.

Well, we've got another one..

Another one

OK, I just called and got a live person after much trouble. She told me what I already was told before. They DO NOT offer 1722 because it is DISCONTINUED!

Now WTF is going on? I am getting royally ****ed off here.

OK, HERE IS THE TRUTH in regards to form 1722.

Download form 4506-T and request your transcript via 1722 and you will get a stamped transcript from the IRS.

The problem is the IRS pushed this form back, prefering the automated, unstamped transcripts. But they did not discontinue 1722. It took me an hour on the phone with 5 different reps to get to the truth.

Matt,

I didn't know which post this reply would find you at better! I replied on both of your posts!

Can you further clarify with more detail what you mean when saying, "request your transcript via 1722."

Are you referring to "Line 6" on the 4506-T form? Where it says, "Transcript Requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request." Is this where we are supposed to list '1722'?

Really appreciate you sharing the information you found with the IRS. So it seems this should now become part of the normal document gathering before the interview.

STL_HCMC

I still don't understand completely. Is this form 1722 for people who did not file, or is this just the same transcript but stamped by them?I have filed taxes for the last 15 years, so do I need this? Bruce and han did not need this form so is this for non filing people only?

It is VERY confusing as to what this is used for, but it does appear is can be used for many things.

List 1722 on Part 6 and check box A.

What this does is you are able to aquire your transcirpt with a whoopdeedoo official IRS stamp. I believe HCMC wants this because they worry about fake transcripts. That is how paranoid they have become.

Thanks for the clarification Matt. I think I'll fax this one in!

STL_HCMC

Just faxed mine in too!!!

Hope they will provide it, and not give me the excuse it is discontinued.