[Mark-n-Luz]

Hello..

I am worried about the recent ITR..I have his 2009-2010 ITR..do the consul really need the recent one?..is it possible 221g if I dont show them the 2011 ITR?..anybody has the same situation?...Pls Help.

[Kathryn41]

They will need the most recently filed Income Tax Return - which is for the 2011 tax year - or a very good reason why you do not have a return for 2011. It shows his most up to date income situation and they need to know that in order to know he is in the financial position to support you. He should also provide proof of his current income, such as pay stubs and/or a letter from his employer stating his current (as of 2012) income so they know he is still in the position to afford to support you. They will send an RFE (Request for Evidence) if he fails to provide proof of his current income and the most recent tax return - 2011.

Is there a reason he hasn't sent you the 2011 return?

[apple21]

Yes, during the interview the consul asks for the MOST RECENT ITR and W2. In this case, 2011.

[Mark-n-Luz]

He's self employed so he doesn't have pay stub and W2..he own the business.I have his Statement of account for 2011 but he didnt file tax yet..do the consul accept Letter from the bank?..

[Tahoma]

What is he doing today?

Why couldn't he file his tax return today?

You are going to need it.

[Mark-n-Luz]

If he will file his tax..how long it will take?..I know My interview will be next week.he's s still running his business..I have his bank statement for 2011..You think its not good enough to support the documents?.

[Tintin and Mike]

I think you still have until Monday, Oct 15 to file for last year's tax return.

Edited by Tintin and Mike, 13 October 2012 - 09:03 PM.

[Mark-n-Luz]

How long it will take if he will file?..gonna have my interview next week..I read most consul ask for the latest Tax..I dont want to be put on 221g which will delay the visa..I will ask my Fiance to file if he can..its better to be ready than sorry..

[Kathryn41]

While it is possible they will issue a 221 g, it is more likely they will issue a request for evidence (RFE) and ask you to bring in the missing paperwork instead. Unfortunately, even if your fiancee files his taxes right away it can take a few weeks before they are processed by the IRS. While the bank information will be useful, it won't replace the missing Income tax return for 2011. One way or another, you are going to need that. He can send you a copy of the full tax return submission when he gets it done even before he gets a response from the IRS and that would be the fastest route to get the information to the Consulate.

He will need to have his 2011 returns for when you do come to the US as well. Once you are married, you need to apply for a green card and he will require his 2011 tax return for that as well.

Edited by Kathryn41, 13 October 2012 - 09:36 PM.

[Mark-n-Luz]

I will ask him to file ITR as soon as possible before my interview..I asked him about it.but he said we dont need it and he just follow USCIS guideline.. his standing is good we are not on poverty lines on 2010 but I was worried when I read that 2011 ITR is what the consul need for this year.I hope everything will be okay and get the paper I need before the interview..is this all depends on consul?..

[Tahoma]

I will ask him to file ITR as soon as possible before my interview..I asked him about it.but he said we dont need it and he just follow USCIS guideline.. his standing is good we are not on poverty lines on 2010 but I was worried when I read that 2011 ITR is what the consul need for this year.I hope everything will be okay and get the paper I need before the interview..is this all depends on consul?..

You need to follow the USEM guidelines, not the USCIS guidelines. The Pre-screener and the Consular Officer will ask you to submit your fiancé's 2011 income tax return. Here is what the Embassy says about the issue:

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134.

USEM link.

If you don't submit the income tax return, the USEM will issue you Form MNL-IV-22, which is a 221g. The 221g will give you, I believe, one year to submit his income tax return.

[bigdog]

Seems simple to me?