Suggestion on writing a letter to US Embassy..

[champi 13]

Hello VJ friends,

I need your help and suggestion. This tax thing is getting to me. Here is the summary. I am a true procrastinator thus I did not look into how to file 2008 taxes till early April. I want to file 2008 taxes as Married Filing Jointly. I realized that I could have filed Married Filing Jointly, only I needed my husband to send me a signed ITIN form. However, by the time I learned that, we were too close to April 15th deadline to get the signed forms back. So instead, I filed for extension.

Now, many people have mentioned that at the interview time, spouses may be asked for 2008 tax returns. So, I emailed our consulate and they responded saying "He may bring the copy of 2008 tax extension with a letter from you explaining the reasons for the same." the first part is easy, sending copy of the tax extension, it is the 2nd part that is giving me hard times...

Anyone ever written a letter to consulate? I could explain the whole situation about me being procrastinator but how is that going to look? How do I begin and what do I give as reasons? Suggestions? Tips? Any comments will be appreciated.

Thanks a ton!!!!!

-champi

[Otto 83]

I might simply suggest keeping the letter short and on subject.

TO: XYZ

FROM: XYZ

DATE: XX/XX/XXXX

RE: XXXXX

"Filed extension due to time constraints on obtaining ITIN document from Fiance/Spouse. Will be filing 2008 taxes on/near xx/xx/xxxx."(Or something similar.)

Signed

XXXXXXX

[champi 13]

I might simply suggest keeping the letter short and on subject.

TO: XYZ

FROM: XYZ

DATE: XX/XX/XXXX

RE: XXXXX

"Filed extension due to time constraints on obtaining ITIN document from Fiance/Spouse. Will be filing 2008 taxes on/near xx/xx/xxxx."(Or something similar.)

Signed

XXXXXXX

Hi Karin und Otto,

Thanks a ton!!!! You gave me exactly what I was struggling with. I could not find a way to begin the letter. I'll use what you've said plus add following. Hopefully that will be sufficient.

I request you to accept the documents pertaining to 2008 Tax Extension for your reference:

1. 2008 Federal Income Tax Extension filed with US Internal Revenue Service (IRS)

1. Copy of Form 4886 - Application for Automatic Extension submitted via TurboTax

2. Copy of Easy Extension: Request Submitted

3. Copy of Easy Extension: Request Accepted

4. Copy of email Declaration Control Number (DCN) from IRS

Thanks..

[Dakine 26]

I'd file taxes with out the ITIN and send a copy.

Better to correct things later with IRS than be denied or on AP with the embassy!!!

Edited April 23, 2009 by Haole

[Matt & Bing 56]

Just state that you filed an extension because you needed more time to file a complete and accurate return. That's the typical explanation on an income tax extension whether it be personal or corporate.

I wouldn't go into the details about wanting to file a joint return, etc.

[champi 13]

I'd file taxes with out the ITIN and send a copy.

Better to correct things later with IRS than be denied or on AP with the embassy!!!

That is most certainly true. I was just too stressed with AOS/IV packages at the time and did not have sufficient time to learn the 'correct' way of filing taxes. I had relied on my accountant to take care of things but she didn't pay attention to my account and didn't inform me ahead of time that I should have gotten signed papers from my husband. I ended up educating myself about taxes, extensions, etc and how they work 3-4 days before the deadline and was not at all comfortable doing everything on my own.

I feel hopeful in the fact that we probably wont get denied or put on AP because another VJ member was in similar situation in late 2007 and her husband went through interview without any questions about the taxes or letter (same country/consulate). Aside from that, my income is well over poverty line and I don't believe I am committing any crime by filing extension. However, for whatever reason, we do end up in a denied or AP situation, I can certainly follow Embassy's instruction and get them whatever they need. My husband and I discussed the possibility of delays and we decided it was worth the risk instead of filing as single (which, I was told by my accountant, is wrong) or paying out 2-3 grands... Let's see

Just state that you filed an extension because you needed more time to file a complete and accurate return. That's the typical explanation on an income tax extension whether it be personal or corporate.

I wouldn't go into the details about wanting to file a joint return, etc.

Thanks Matt & Bing

[Dakine 26]

I'd file taxes with out the ITIN and send a copy.

Better to correct things later with IRS than be denied or on AP with the embassy!!!

That is most certainly true. I was just too stressed with AOS/IV packages at the time and did not have sufficient time to learn the 'correct' way of filing taxes. I had relied on my accountant to take care of things but she didn't pay attention to my account and didn't inform me ahead of time that I should have gotten signed papers from my husband. I ended up educating myself about taxes, extensions, etc and how they work 3-4 days before the deadline and was not at all comfortable doing everything on my own.

I feel hopeful in the fact that we probably wont get denied or put on AP because another VJ member was in similar situation in late 2007 and her husband went through interview without any questions about the taxes or letter (same country/consulate). Aside from that, my income is well over poverty line and I don't believe I am committing any crime by filing extension. However, for whatever reason, we do end up in a denied or AP situation, I can certainly follow Embassy's instruction and get them whatever they need. My husband and I discussed the possibility of delays and we decided it was worth the risk instead of filing as single (which, I was told by my accountant, is wrong) or paying out 2-3 grands... Let's see

Just state that you filed an extension because you needed more time to file a complete and accurate return. That's the typical explanation on an income tax extension whether it be personal or corporate.

I wouldn't go into the details about wanting to file a joint return, etc.

Thanks Matt & Bing

You can always amend the return later and get your money back. Been there! did it for the interview.

[champi 13]

I learned about amend too in those last 3-4 days. Anyways, It's too late now... Thank you all for the responses and suggestion. It's amazing how this process can team us so much...

[champi 13]

Hello everyone,

I just received an email today from NVC regarding the visa interview appointment. In the list of documents to bring to interview, here is what it says about taxes:

IF a sponsor filed an I-864 (Affidavit of Support) AND provided the NVC with proof of an IRS Federal Income Tax Extension in lieu of a Federal Income Tax Return, the applicant must bring the sponsor's most recent Federal Income Tax Return to the visa interview.

Since I submitted the tax transcripts for 2005 to 2007 and got my AOS approved before April 15th, I did not have to submit anything for year 2008. This means, they probably will not ask for 2008 tax returns... Just posting this info here in case someone else in future is in the same situation. I still plan to send copy of 2008 tax extensions, a letter, and 2007 tax return papers, just in case..

Again, thanks all for the input

Edited April 24, 2009 by champi