I'm now in NVC I-864 hell

[magdasal 19]

I don't think so. They accept what you send them and go with that. That's the impression they gave me, anyway, when I talked to them. The tier1 I talked to just said correct it and send it in...just make sure and send to the IRS too. They take a signed tax return as proof enough...though, I'm sure they have the option to check up on it later.

OK, I finally figured this out...man am I

I didn't fill out the first part of section 25 of the I-864...I only checked the optional, provide tax transcripts part.

I just found that out because NVC just sent me another RFE 4 days after my case closed and I stared at it for about an hour before it dawned on me.

In my defense (though I'm sure just about everybody knew otherwise), the wording of the Checklist letter completely threw me. It just said that my information on line 25 didn't match the information on my tax returns. I called NVC and they refused to say anything except that the information must match.

I had remembered that I made a mistake on the 2010 tax returns right before I sent it out and I thought I sent the wrong version for correction...and since I asked NVC specifically about this and they only replied that the information must match...instead of just telling me what the actual problem was, I mis-interpreted what they were saying.

So, according to the NVC, I now have to send this RFE to my wife to present to the CO during the interview in a 'sealed' envelope. I get one last chance to get it right. If I again mis-interpreted what they are saying, I guess we're screwed.

I hate this process

[nickoxxy 2]

OK, I finally figured this out...man am I

I didn't fill out the first part of section 25 of the I-864...I only checked the optional, provide tax transcripts part.

I just found that out because NVC just sent me another RFE 4 days after my case closed and I stared at it for about an hour before it dawned on me.

In my defense (though I'm sure just about everybody knew otherwise), the wording of the Checklist letter completely threw me. It just said that my information on line 25 didn't match the information on my tax returns. I called NVC and they refused to say anything except that the information must match.

I had remembered that I made a mistake on the 2010 tax returns right before I sent it out and I thought I sent the wrong version for correction...and since I asked NVC specifically about this and they only replied that the information must match...instead of just telling me what the actual problem was, I mis-interpreted what they were saying.

So, according to the NVC, I now have to send this RFE to my wife to present to the CO during the interview in a 'sealed' envelope. I get one last chance to get it right. If I again mis-interpreted what they are saying, I guess we're screwed.

I hate this process

Well, but here's another thing. If petitioner submits joint tax return, the amount in 1040 will be different from that in i-864. Because, in i-864 you're showing just your part of the gross income (not your wife's or husband's - depending who's the petitioner).

So, how to deal with NVC in this case? Or they will do that math themselves: they will deduct spouse's income from tax return transcript and see if it matches with the amount entered in your i-864?

I've just started my wife's GC trip (having sent i130, but later have realized that I forgot to include joint tax for 2010 as another evidence of our genuine marriage), so want to get prepared for the NVC stage.

[calibob 73]

Not sure what all the fuss is about. Fix the return to Married filing separately, or Joint, attach copy of W-7 make copies of all send one set to NVC and send the other off to IRS. Or go to local IRS Service Center and drop it off, they will time and date stamp it. You don't have to wait to file Tax Return until after you get ITIN,nor should you have to wait to get ITIN to send correct I864 and Tax forms to NVC.

Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original, notarized, or certified proof of identity and foreign status documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. Taxpayer Assistance Centers (TACs) in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS's ITIN Unit in Austin issues all numbers by mail

you can amend more than one mistake at once so this sounds the best route. The w-4 is just for withholding taxes , not the tax form itself. We avoided the problem by filing an extension but I fear you're beyond that point now. Submit the amended with the ITIN and forward a copy to NVC. Should alleviate your issue, just slow you down a bit. Best of luck!!

Bob

[nickoxxy 2]

So, how about the question that I brought up: 1040 joint tax return and I-864?

[magdasal 19]

Well, but here's another thing. If petitioner submits joint tax return, the amount in 1040 will be different from that in i-864. Because, in i-864 you're showing just your part of the gross income (not your wife's or husband's - depending who's the petitioner).

So, how to deal with NVC in this case? Or they will do that math themselves: they will deduct spouse's income from tax return transcript and see if it matches with the amount entered in your i-864?

I've just started my wife's GC trip (having sent i130, but later have realized that I forgot to include joint tax for 2010 as another evidence of our genuine marriage), so want to get prepared for the NVC stage.

Yes, but it turns out that I totally got the problem wrong. There was a mistake in the return and I fixed that. I think the real problem though, was that I never filled in the first part of question 25...where you check the box that indicates that you filed returns for the last 3 years and then you put the total income for the last 3 years on the 3 lines underneath...I left that totally blank and just checked the optional box where it says that I provided the last 3 years of tax transcripts (which I included in the package). It was that fact that led to the last RFE, I'm pretty sure.

Also, I was able to the values in the PDF checklist they sent me, which showed the actual numbers they were using...and which indicated that my household size was 1. I don't think I was supposed to see that...I couldn't see those numbers until I was pasting the RFE onto a document and they showed up...they were deliberately hidden in the PDF. I thought it was just a mistake they made.

Anyway, bottom line is I went totally off course in interpreting the real problem.

[magdasal 19]

So, how about the question that I brought up: 1040 joint tax return and I-864?

I'm not entirely sure, but I don't think so...joint return is the total household income. For I-864 purposes, it all counts..both the petitioner and the beneficiary if they both have taxable income...so I think.

you can amend more than one mistake at once so this sounds the best route. The w-4 is just for withholding taxes , not the tax form itself. We avoided the problem by filing an extension but I fear you're beyond that point now. Submit the amended with the ITIN and forward a copy to NVC. Should alleviate your issue, just slow you down a bit. Best of luck!!

Bob

Yeah, I did submit a 1040X with my original RFE to change my status to Married Filing Separately...but I don't think that was even an issue. See above...I don't think I was supposed to see the part of the PDF I saw...and it confused me as to what they were really saying.

[pushbrk 12,182]

I need some help. I sent the wrong version of my tax returns to the NVC. I'm self-employed and was providing the 2010 returns to prove my income. I also provided evidence that I had enough assets to sponsor on assets alone, in case they felt my 2010 income wasn't enough. I was waiting for paperwork (tax transcripts, etc) to put my I-864 together and did my 2010 taxes at the same time I was filling out the I-864. Well, I did my taxes then discovered I left a pitiful $16 of interest income off my income. Then I redid my tax forms with the additional $16, but somehow put the original version (without the additional $16 of interest income) in the I-864 package. The correct version of the forms I sent to the IRS. So, I corrected the I-864 to show the additional $16, but sent the wrong return with the I-864 form.

Also, I filed single, planning to send an amended return to include my wife in the household once she got her SSN...I didn't want to wait to get an ITN to get this out. Well, NVC flagged that as well. Too late, because the IRS has already processed the 1040.

Please, any advice would be appreciated! This screw up makes me sick!

From what you posted, I'm not seeing anything to about NVC flagging the filing status. Just do as requested.

[magdasal 19]

From what you posted, I'm not seeing anything to about NVC flagging the filing status. Just do as requested.

I accidentally saw this:

[ ] DO NOT CHECK THIS LINE OR THE LINES BELOW

[ ] Information provided for W-2 income: ___________________________________

[ ] Information provided for scheduled income: ___31150__________________

[ ] Information provided for gross income: ___31166___________________________

[ ] Information provided for adjusted gross income: __28965___________________________

[ ] Information provided for household size: ____1___________________________

[ ] DO NOT CHECK THIS LINE OR THE LINES ABOVE

I wasn't supposed to. I thought this was list of things that were wrong with my package...the information provided for the household size...it wasn't the problem at all and I wasn't supposed to see this part of the checklist letter...it was hidden until I tried to paste it here on the website for advice. I thought this was what they had a problem with, but it wasn't. I am assuming it was because I didn't fill out the first part of item 25 on the I-864.

The RFE only says that the information on line 25 of the I-864 doesn't match my tax returns.

Edited May 18, 2011 by magdasal

[pushbrk 12,182]

So, how about the question that I brought up: 1040 joint tax return and I-864?

A sponsor states only their individual income. If any tax returns are filed jointly, the I-864 should be documented with copies of tax returns instead of transcripts, so that the individual income is clear.

[nickoxxy 2]

A sponsor states only their individual income. If any tax returns are filed jointly, the I-864 should be documented with copies of tax returns instead of transcripts, so that the individual income is clear.

Thanks for clearing that .

Do I have to submit all sheets of my joint tax return + W-2 + bank statement (about the interest I had)? Or just first 2 pages of my tax return will suffice?

[pushbrk 12,182]

Thanks for clearing that .

Do I have to submit all sheets of my joint tax return + W-2 + bank statement (about the interest I had)? Or just first 2 pages of my tax return will suffice?

See your dictionary for clarification of "complete".