tax transcript and foreign earned income

[Crissie 0]

Hi all,

Bit of a sticky situation here. I'm a USC who use to live and work abroad. Moved back to the states in November and started a new job here in March. When I lived abroad, I always filed taxes with the IRS. However, when I ordered my IRS transcript for 2008 it came back with no reference to my foreign earned income, even though I reported it. I THINK this is because it was tax exempt, and the IRS transcript only shows taxable income....?

So, when my fiance goes to London for his interview, what can he show as proof of my income to support him? I can get a letter from my new employer and a pay stub. This seems slightly risky, but I thought I'd check and see if anyone else had been in a similar situation.

[Bobby+Umit 161]

Hi all,

Bit of a sticky situation here. I'm a USC who use to live and work abroad. Moved back to the states in November and started a new job here in March. When I lived abroad, I always filed taxes with the IRS. However, when I ordered my IRS transcript for 2008 it came back with no reference to my foreign earned income, even though I reported it. I THINK this is because it was tax exempt, and the IRS transcript only shows taxable income....?

So, when my fiance goes to London for his interview, what can he show as proof of my income to support him? I can get a letter from my new employer and a pay stub. This seems slightly risky, but I thought I'd check and see if anyone else had been in a similar situation.

No - the tax transcripts would show everything you would send in for your returns. Are you sure you filed properly?

They will need your returns for the affidavit of support, or a reason why you did not file (and reference to the IRS rule that grants you this).

Check with your embassy to see what they require for the affidavit. (I'm pretty sure yours will want the 2008 returns)

Does your current job make enough income level to meet the requirement?

[Crissie 0]

No - the tax transcripts would show everything you would send in for your returns. Are you sure you filed properly?

They will need your returns for the affidavit of support, or a reason why you did not file (and reference to the IRS rule that grants you this).

Check with your embassy to see what they require for the affidavit. (I'm pretty sure yours will want the 2008 returns)

Does your current job make enough income level to meet the requirement?

yes, my new job pays more than enough. I'm going to call the IRS to check on this though (I'm on hold now). I've got a copy of my tax return as proof. It was done by an accountant, but everything looks in order to me.

Edited March 18, 2010 by Crissie

[Crissie 0]

Ok, got my answer. Sounds like the form didn't print out properly, so they're doing it again. Well that's a relief.

Edited March 18, 2010 by Crissie

[slangofoil 50]

No - the tax transcripts would show everything you would send in for your returns. Are you sure you filed properly?

They will need your returns for the affidavit of support, or a reason why you did not file (and reference to the IRS rule that grants you this).

Check with your embassy to see what they require for the affidavit. (I'm pretty sure yours will want the 2008 returns)

Does your current job make enough income level to meet the requirement?

I was under the impression from my reading here that previous income is not the basis of financial support, but that current income is what's needed and documentation for that. Does the embassy ask for tax transcripts anyway? (Or is this an embassy-by-embassy decision?)

Edited March 18, 2010 by slangofoil

[JimVaPhuong 4,863]

I was under the impression from my reading here that previous income is not the basis of financial support, but that current income is what's needed and documentation for that. Does the embassy ask for tax transcripts anyway? (Or is this an embassy-by-embassy decision?)

Yes, what you are required to submit does differ somewhat between the different consulates. They have wide latitude in determining the "public charge" requirements for a K1. Nearly all consulates will want, at minimum, a copy of the most recent year's tax return or transcript. Most consulates prefer transcripts because they are confirmation from the IRS that a return was filed, and what numbers were recorded on that return. Some consulates want 3 years of tax returns or transcripts.

At most consulates, if you have proof that current income meets the requirements, then it won't matter if the tax return doesn't show sufficient income. Generally, it's the consulates in high fraud countries that tend to more strict about the financial evidence.

[Martyshk 137]

On the same note, I have a question....

I ordered tax transcripts for 07-09. Should I bring my tax returns too then? Even though I have the transcripts? What about W-2s?

I can see W2 being helpful, as it shows I'm with the same employer now as I was last year.

But what about the tax return forms themselves?

[Bobby+Umit 161]

On the same note, I have a question....

I ordered tax transcripts for 07-09. Should I bring my tax returns too then? Even though I have the transcripts? What about W-2s?

I can see W2 being helpful, as it shows I'm with the same employer now as I was last year.

But what about the tax return forms themselves?

According to the instructions, you need evidence to show the income - so returns without the W-2's really don't accomplish that.

That is why getting transcripts are the best way IMO, they have everything you need in one neat package. If you don't go that route, you will need the 1040's (whatever flavor), w-2's, and any 1099's as appropriate.

There are other requirements if your self-employed, but it's all in the instructions.

Since you have your transcripts, you will not need the returns/w-2's.

[Bobby+Umit 161]

I was under the impression from my reading here that previous income is not the basis of financial support, but that current income is what's needed and documentation for that. Does the embassy ask for tax transcripts anyway? (Or is this an embassy-by-embassy decision?)

To add to what Jim stated - read through this - some insight on what they are doing with the info you send.

Their FAM states the basic same thing, but the FAM is difficult to navigate

Strangely, there is very little instruction to go by with the I-134 compared to the I-1864 in the FAM, when I asked the around about this (USCIS/STATE), I was basically told they use the guidance of the 864 when considering the 134, but there is no clear instruction/rule.

However, in reading posts of people going through the various embassies, it tends to show this to be the truth. (125% vice 100% for the 134, tax transcripts required for the 134, while the 134 doesn't require it, etc...)

[Got Charmed 0]

Just take copies of your tax return you dont have to take the transcript if you have the return, i was in that ame situation and all they wanted was my tax return, im in Kuwait.

Ok, got my answer. Sounds like the form didn't print out properly, so they're doing it again. Well that's a relief.

[Martyshk 137]

According to the instructions, you need evidence to show the income - so returns without the W-2's really don't accomplish that.

That is why getting transcripts are the best way IMO, they have everything you need in one neat package. If you don't go that route, you will need the 1040's (whatever flavor), w-2's, and any 1099's as appropriate.

There are other requirements if your self-employed, but it's all in the instructions.

Since you have your transcripts, you will not need the returns/w-2's.

Thank you.

I got my transcripts. And they are indeed, very nice and neat. 1 page with all the information on it.