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Posted

Hi to all VJ members!

I have a question with regards to the immigration requirement on Income tax return. Right now I am on the process of filing 1040x (amended return) coz previously, in the last 3 yrs, I was filing as single (as advised by HR block coz my husband has never been in U.S.), until I learned that Im supposed to file as married, and I might have an issue with immigration if I dont amend that. So, I decided to file as married-filing jointly. Right now, i am planning ahead to avoid delays, my questions are:

  • Once NVC asks for the Income tax return, what documents will I give them?
  • Can I give NVC a copy of the 1040x that I will be sending them, or I can just send them my last 3 yrs tax transcript when I filed as single, or both?

I called IRS today: they told me that an amended return (1040x) takes 8-12wks for the approval, they will send me a letter that my previous tax return is amended. If I wait for my income tax to be amended, it will delay our NVC process. :help:

I will appreciate any suggestions with regards to this matter. Thanks so much in advance! :)

Our Timeline

I-130 Sent.................................. 2010-10-25

I-130 NOA1................................. 2010-10-28

I-130 Approved............................ 2011-03-21

NVC Received.............................. 2011-03-21

Received DS-3032 / I-864 Bill......... 2011-04-06

Emailed DS-3032.......................... 2011-04-06

Received IV Bill............................ 2011-04-08

Paid I-864 Bill & IV Bill................... 2011-04-11

Mailed I-864 & DS-230 Packet......... 2011-04-16

NVC recvd I-864 & DS-230 Packet.....2011-04-18

Case Completed at NVC.................. 2011-04-27

NVC Left...................................... 2011-05-17

Consulate Received....................... 2011-05-20

Interview Date.............................. 2011-07-05

Visa Received............................... 2011-07-08

US Entry .................................... 2011-07-12

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I would send the last 3 years including the amended that hasn't been approved yet. Also send employement verification letter and the recent W2.

USCIS (204 days)

08-05-10: I-130 package sent USPS Express

08-06-10: Package delivered in Chicago (Received Date) (Priority Date)

08-18-2010: NOA1 (Notice Date) Received text & email with case number, Check Cashed

08-21-10: Hardcopy NOA1

11-02-10 Case Transferred from CSC to TSC

11-03-10 Hardcopy Transfer to TSC Notice

11-24-10 Transferred TSC to USCIS Office

02-14-11 Received e-mail & text for RFE

02-18-11 Hard Copy RFE

02-28-11 Mailed RFE overnight

03-03-11 RFE received by TSC

03-10-2011 NOA2 Approved

03-16-11 TSC mailed package to NVC

03-17-11 Hard Copy NOA2

03-18-01 NVC Received package

NVC (Electronic Processing) (87 days)

03-18-2011 Case number assigned, OPTIN e-mailed

03-21-11 Gave e-mails; received IID# BID#; Submitted DS-261

03-22-11 AOS Invoiced, Sent AOS Payment

03-23-11 AOS shows PAID, e-mailed AOS Package

03-25-11 IV Invoiced, Sent IV Payment

03-28-11 IV Shows PAID

03-30-11 Completed DS-260

04-07-11 OPTIN Accepted; AOS Package resent

04-18-11 Submitted Supporting Documents for IV

04-19-11 Received RFE for AOS

04-23-11 Received False RFE for Missing IV

05-02-11 E-mailed AOS RFE

05-06-11 Resent IV

05-23-11 False RFE for Missing AOS RFE; Resent AOS RFE

06-10-11 SIF

06-13-11 Case Complete

Consulate/Medical

06-14-11 Interview Scheduled for 07-18-11

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hi to all VJ members!

I have a question with regards to the immigration requirement on Income tax return. Right now I am on the process of filing 1040x (amended return) coz previously, in the last 3 yrs, I was filing as single (as advised by HR block coz my husband has never been in U.S.), until I learned that Im supposed to file as married, and I might have an issue with immigration if I dont amend that. So, I decided to file as married-filing jointly. Right now, i am planning ahead to avoid delays, my questions are:

  • Once NVC asks for the Income tax return, what documents will I give them?
  • Can I give NVC a copy of the 1040x that I will be sending them, or I can just send them my last 3 yrs tax transcript when I filed as single, or both?

I called IRS today: they told me that an amended return (1040x) takes 8-12wks for the approval, they will send me a letter that my previous tax return is amended. If I wait for my income tax to be amended, it will delay our NVC process. :help:

I will appreciate any suggestions with regards to this matter. Thanks so much in advance! :)

I think you can file as either. In my case I used to file "Head of Household", last year I got married but my wife isn't considered a resident for tax purposes. The IRS allows me to either continue to file as head of household, or to have her treated as a US Resident for the tax year. In my case it's actually an advantage to treat her as a US resident, even though she isn't.

You should read: http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html weird how it's under "business", but hey it is Uncle Sam after all.

There's also an online worksheet somewhere on their site for filing status and it also said I could file as either.

I'm wondering though if filing the joint return shows more evidence that would help the immigration people.

Alex.

Posted

I amended two of my 3 years and gave the tax account and tax return transcripts. Since you amended returns aren't logged yet then I'd send the submitted amended ones and the ones when you filed single. This is so they know how you got the 3 years adjusted gross totals you did get. No check list resulting from my way of filing so I'd guess if you submit what you have done and get the transcripts when they are done(in case you need proof at interview) you should be fine.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Posted

@CaliforniaGuy, @Alex, @ Bob: I will follow your advice. Thank you all so much! :D

Our Timeline

I-130 Sent.................................. 2010-10-25

I-130 NOA1................................. 2010-10-28

I-130 Approved............................ 2011-03-21

NVC Received.............................. 2011-03-21

Received DS-3032 / I-864 Bill......... 2011-04-06

Emailed DS-3032.......................... 2011-04-06

Received IV Bill............................ 2011-04-08

Paid I-864 Bill & IV Bill................... 2011-04-11

Mailed I-864 & DS-230 Packet......... 2011-04-16

NVC recvd I-864 & DS-230 Packet.....2011-04-18

Case Completed at NVC.................. 2011-04-27

NVC Left...................................... 2011-05-17

Consulate Received....................... 2011-05-20

Interview Date.............................. 2011-07-05

Visa Received............................... 2011-07-08

US Entry .................................... 2011-07-12

 
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