2016 Taxes requested for Interview

[pamequez 22]

Hello all!

 

I have a question regarding the consulate requesting 2016 tax transcripts.

 

I lived abroad with my spouse in 2016. I worked full time in Ecuador and filed US taxes with foreign earned income. 

 

As of 2017, I live in the U.S. and have full time employment where I clearly make over the 125% of poverty line.  I sent tax transcripts from 2014, 2015, 2016, a letter from my employer in Ecuador that stated how much I earned from my employment half 2017 in Ecuador and a letter from my current employer in the U.S who I have worked for since Nov 2017. I have a fixed term contract and when summed up my earnings from Ecuador and USA for 2017 also bypass the 125% poverty line.  Thus, NVC approved my I-864 and I was never sent a checklist. I called NVC today and they say that I met all the requirements.

 

Today, the consulate emailed/replied back to an email stating that I need a co sponsor for my spouse because my 2016 taxes say 0.  The taxes say zero because I did not earn any money in the U.S., I earned money in Ecuador.  

I have been emailing back and forth with the consulate but they can not answer my questions clearly since they can not pre-adjudicate the case before the interview.  I understand this. I just want to make sure my husband takes the correct documents and is approved. I can not be with him at the interview, and I am worried that just because of 2016 taxes being zero the CR-1 will be denied- even though it makes no sense when in 2018, I make more than enough to be his sole sponsor. 

 

Anyone gone through this before?

 

Edited March 16, 2018 by pamequez

[pushbrk 12,106]

2 hours ago, pamequez said:

Hello all!

 

I have a question regarding the consulate requesting 2016 tax transcripts.

 

I lived abroad with my spouse in 2016. I worked full time in Ecuador and filed US taxes with foreign earned income. 

 

As of 2017, I live in the U.S. and have full time employment where I clearly make over the 125% of poverty line.  I sent tax transcripts from 2014, 2015, 2016, a letter from my employer in Ecuador that stated how much I earned from my employment half 2017 in Ecuador and a letter from my current employer in the U.S who I have worked for since Nov 2017. I have a fixed term contract and when summed up my earnings from Ecuador and USA for 2017 also bypass the 125% poverty line.  Thus, NVC approved my I-864 and I was never sent a checklist. I called NVC today and they say that I met all the requirements.

 

Today, the consulate emailed/replied back to an email stating that I need a co sponsor for my spouse because my 2016 taxes say 0.  The taxes say zero because I did not earn any money in the U.S., I earned money in Ecuador.  

I have been emailing back and forth with the consulate but they can not answer my questions clearly since they can not pre-adjudicate the case before the interview.  I understand this. I just want to make sure my husband takes the correct documents and is approved. I can not be with him at the interview, and I am worried that just because of 2016 taxes being zero the CR-1 will be denied- even though it makes no sense when in 2018, I make more than enough to be his sole sponsor. 

 

Anyone gone through this before?

 

How does your line 22 for 2017 look?  If OK, you could send a new affidavit and the 2017 tax return.  However, are your earnings W2, or 1099?  If 1099, "revenue" is not considered "income" for the self employed until it appears on line 22 of a 1040 form.  I ask because you mention a "contract".  Most contract workers do not get W2 income.

 

The Consulate would NOT ask for a "cosponsor".  They would ask for a qualified "joint sponsor".

[pamequez 22]

 hi pushbrk,

thanks for replying! I am a staff employee with a W2, with a contract that is renewed every year. My 2017 W2s are low because I started to work in Nov! But when summed up my Nov and Dec paychecks with my Jan-July earnings in Ecuador. (I worked with the same UN organization in Ecuador and now work in USA) - I make over the 125% poverty line. 

You are correct, the email stated that since my 2016 taxes state Zero, I will need a joint sponsor. 

 

My question is why do I need a joint sponsor if I clearly make over 125% poverty level now in 2018 in the USA. 

 

Edited March 17, 2018 by pamequez

[pushbrk 12,106]

11 hours ago, pamequez said:

 hi pushbrk,

thanks for replying! I am a staff employee with a W2, with a contract that is renewed every year. My 2017 W2s are low because I started to work in Nov! But when summed up my Nov and Dec paychecks with my Jan-July earnings in Ecuador. (I worked with the same UN organization in Ecuador and now work in USA) - I make over the 125% poverty line. 

You are correct, the email stated that since my 2016 taxes state Zero, I will need a joint sponsor. 

 

My question is why do I need a joint sponsor if I clearly make over 125% poverty level now in 2018 in the USA. 

 

Because they say so.  They have the right and power to say so.  Some IV units want to see at least a full year of qualifying income.  Some want to see 3.  It's not proper, IMO, but there's no point arguing with them.

[pamequez 22]

Thank you! I will follow thru then  I’ll ask my parents. Thank you! 

[kris&me 572]

My lawyer said they only look at line 37 on tax transcripts which will not include the untaxable income

this is hard to fight but it has happened to others on here

if you can , get a cosponsor

also write out an affadivit about the foreign earned income with proofs it is not taxable as anything under $100 K is exempt

that could help