CR-1 Interview

[danotoriusodo 0]

Sorry man but this thing has got me all twisted.

For 2010, like I do every year, I filed for an extension giving me the right to wait till Oct 17th. I didn't want to file in the middle of this process because I didn't want to change what was already submitted to the NVC. So for 2010 I submitted my W-2 which had my wages of ~$35K (worked in the US from Jun-Dec), my employment letter (I work for HBO) which states when I started working, that I am full time and currently employed and my salary of ~$75k. I also submitted pay stubs to show that I am receiving my paycheck on a consistent basis. So that should take care of 2010 and 2011. For 2009, everything I earned was foreign but it's clearly labeled on my 1040 on line 7 for wages and the letter I wrote to the NVC. I also provided my 07 and 08 returns which showed my salary which was ~$50K.

My wife explained to them that I worked in Colombia in 2009 and I agree, if I would have been there, I could've explained everything but that still doesn't give the consular officer to ask for a co-sponsor. All the information that was asked for was provided.

Chill !! Not suggesting you are lying. It's time to take corrective action and stop fuming about how you were wronged and going to sue someone later. What a waste of good energy that can be used to solve the problem.

Well, foreign income doesn't count anyway, so you could have made $1 million and it wouldn't matter unless the source of income continued after you were back in the States. I'm not 100% sure what you are saying about 2010--are you saying you filed for an automatic extension to file and if you did, then the DOS web site says you MUST supply the 2009 return which you did, but it didn't have any US income--see where I'm headed here?? And exactly what did you supply to show projected income for 2011--is that the employment letter and pay stubs??

It's a little tricky, and while you should have been able to get through it, it was probably more than your wife could explain--maybe??

Sorry man but this thing has got me all twisted.

For 2010, like I do every year, I filed for an extension giving me the right to wait till Oct 17th. I didn't want to file in the middle of this process because I didn't want to change what was already submitted to the NVC. So for 2010 I submitted my W-2 which had my wages of ~$35K (worked in the US from Jun-Dec), my employment letter (I work for HBO) which states when I started working, that I am full time and currently employed and my salary of ~$75k. I also submitted pay stubs to show that I am receiving my paycheck on a consistent basis. So that should take care of 2010 and 2011. For 2009, everything I earned was foreign but it's clearly labeled on my 1040 on line 7 for wages and the letter I wrote to the NVC. I also provided my 07 and 08 returns which showed my salary which was ~$50K.

My wife explained to them that I worked in Colombia in 2009 and I agree, if I would have been there, I could've explained everything but that still doesn't give the consular officer to ask for a co-sponsor. All the information that was asked for was provided.

Aha...as I thought some more, IRS 1722 isn't the norm--all it says is that you didn't file. The more normal approach would be IRS 4868 which is the automatic extension. You made a tricky situation worse by not taking the path that is specifically laid out in the directions. And don't blame NVC--they only take a cursory look at things--I think much of this falls into your lap by not following the guidelines 100%, and maybe by not understanding that your foreign income didn't count for anything.

At best it is confusing even to those of us who deal with this all the time.

No I also provided form 4868. I didn't provide form 1722 to the NVC at first and they requested it so I supplied that to them as well

[Done--Really 331]

Oh gosh--what a mess. We had a similar but simpler situation with our automatic extension that I was able to explain, but it did take explainig first to an NVC supervisor and then again at the interview.

Ya can't sue, and I know nothing about asking for another interview, but I'd sure get on the phone to the embassy and ask to speak to whoever runs the visa section and ask if you can get on the next plane to straighten this out.

Really hope there is an easy solution.

And unfortunately the CO CAN ask for a co-sponsor or whatever else they want...the field manual pretty much gives them the latitude.

[Deputy Purple 1,294]

My wife is a lawyer and specializes in administrative law and believes full well that we have a case.

So you wife is a lawyer in Columbia? I guess that makes her an expert in US Law? Your biggest problem is going to be that Immigration is a privilege not a right and you must meet the requirements to be allowed that privilege.

The I-864 was approved by the NVC, the poverty line for 2 people is ~$18K and I make ~$75K.

The NVC doesn't actually approve anything. As another VJer said they simply look over it for apparent completeness. The actual nuts & bolts of what is accepted as income can vary slightly from one Consulate to another.

The reason she didn't understand was because my 1040 had no taxable income for the year (my wages on ~$38k were listed on line 7 but deducted on line 21), due to the fact that I had also filed Form 2555 because my income was tax exempt in the US. I also provided a letter along with my tax return explaining that I lived in Colombia, earned my salary there, the amount I earned and that it was tax exempt. The NVC understood it. This incompetent consular officer couldn't. Therefore, it was a false assessment. For 2010 on legally on extension and have provided Letter 1722, my extension form, my W-2's, employment letter and pay stubs because I worked the full year in the US.

Therein lies your problem, you basically have not provided proof of income for 2010, since it's past tax season the Consulate wants that most recent FY ITR. FWIW, your 2009 Return doesn't help you at all because they look at your Taxable Income!

Go ahead, file a lawsuit after your wife gets here. Just don't expect it to do anything other than cost you time & money...

[danotoriusodo 0]

So you wife is a lawyer in Columbia? I guess that makes her an expert in US Law? Your biggest problem is going to be that Immigration is a privilege not a right and you must meet the requirements to be allowed that privilege.

The NVC doesn't actually approve anything. As another VJer said they simply look over it for apparent completeness. The actual nuts & bolts of what is accepted as income can vary slightly from one Consulate to another.

Therein lies your problem, you basically have not provided proof of income for 2010, since it's past tax season the Consulate wants that most recent FY ITR. FWIW, your 2009 Return doesn't help you at all because they look at your Taxable Income!

Go ahead, file a lawsuit after your wife gets here. Just don't expect it to do anything other than cost you time & money...

I understand what you are saying but I have met all the requirements. I didn't file my 2010 return because it's my legal right as a US citizen. The NVC asked about it and so I supplied what was required instead of the tax return. Any person with common sense could take one look at my W-2 (2010) and letter of employment which were requested as well and see what I earn/earned as proof. Obviously she didn't have any. My wife is a lawyer in Colombia but will be studying to become one once she arrives here and then it won't cost us a thing, besides time. I have subsequently, as of today, filed my 2010 return. Is that enough to bring to the next interview or do I need to get a co-sponsor?

[Princessblack 21]

I didn't file my 2010 return because it's my legal right as a US citizen.

Really? To keep what belongs to Uncle Sam in your pocket?

The time you take to sue of which you might have a slim chance of winning. is the time you would take to try another avenue or perspective in getting your wife here. How about have your lawyer wife research on other avenues to take to come here.

What a waste of energy!

[Deputy Purple 1,294]

I understand what you are saying but I have met all the requirements. I didn't file my 2010 return because it's my legal right as a US citizen. The NVC asked about it and so I supplied what was required instead of the tax return. Any person with common sense could take one look at my W-2 (2010) and letter of employment which were requested as well and see what I earn/earned as proof. Obviously she didn't have any. My wife is a lawyer in Colombia but will be studying to become one once she arrives here and then it won't cost us a thing, besides time. I have subsequently, as of today, filed my 2010 return. Is that enough to bring to the next interview or do I need to get a co-sponsor?

Any person with common sense would understand that when the Consulate wants a Federal Income Tax Return for the most recent year. and the instructions from the I-864 specify that you need to supply it. Also the instructions tell you: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered." (excerpt from the instructions for I-864). Current pay stubs and employment letter are secondary evidence to support your ITR Filings and demonstrate that your claimed income continues.

As for your contention that you filed an extension the instructions state, "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

Filing an extension doesn't exempt you from being required to file, USCIS clearly instructs you have filed your ITR for the 3 most recent years BEFORE submitting the I-864.

Any case you file won't get far because you failed to follow the clear instructions for the form.

Are you sure your wife has another appointment? Usually the consulates just ask the applicant to return on (or by) a certain date to submit the needed documents.

Edited September 27, 2011 by Bob 4 Anna

[jkminney 30]

This is information given directly from the interview appointment letter:

* 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.

* Failure to present all necessary documents to the Consular Officer will result in the

applicant's immigrant visa being refused at the initial interview.

Because your most recent tax return that you filed was made up of foreign income it does you NO good. Your income has to be from income made in the U.S. The income doesn't count and you didn't give them a 2010 tax return so you haven't given them the required information.

[kennym 275]

I understand what you are saying but I have met all the requirements. I didn't file my 2010 return because it's my legal right as a US citizen. The NVC asked about it and so I supplied what was required instead of the tax return. Any person with common sense could take one look at my W-2 (2010) and letter of employment which were requested as well and see what I earn/earned as proof. Obviously she didn't have any. My wife is a lawyer in Colombia but will be studying to become one once she arrives here and then it won't cost us a thing, besides time. I have subsequently, as of today, filed my 2010 return. Is that enough to bring to the next interview or do I need to get a co-sponsor?

This isnt a smart position to take if you care about your wife's immigration.. I also worked outside the US while doing my visa. And I also had the right to file an extension, but knowing that I was going to need my tax return, I filed it on-time and took it with me to the Interview.. And yes, it was important enough to me, to make I was there.. regardless, your position is arrogant and obviously you can see where it got you..

What are your options now??

My first suggestion is to chill the attitude and arrogance, and if you care about your wife's immigration, get your 2010 tax return ready and be at the next interview...

Kenny

[danotoriusodo 0]

Really? To keep what belongs to Uncle Sam in your pocket?

The time you take to sue of which you might have a slim chance of winning. is the time you would take to try another avenue or perspective in getting your wife here. How about have your lawyer wife research on other avenues to take to come here.

What a waste of energy!

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

The sad part is I hired a lawyer to help me with this case. She originally told me that the extension form 4868 was all that was necessary and to provide the returns for 07-09. Then the NVC said I needed letter 1722 which she never informed me of and knew nothing of. And she never informed me that my foreign earned income would not count for anything. And I didn't want to file my 2010 return after the NVC approved it because I didn't want to change what was already approved. If what everyone is saying in this forum is true, then my real lawsuit is with the lawyer who I paid to make sure there were no mistakes.

[bigdog 377]

Take a step back, review the directions and concerns, gather your documents, write a letter, do the best you can do and no suit. Do positive stuff to resolve your issue. There is always professional help if needed.

[sunshine79 7]

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

What kind of problems would be caused if your wife were to have an ITIN? I would think there would be more problems with the IRS if you filed single when you were really married. I filed jointly with my wife by submitting a request for an ITIN along with my return. All I needed was a certified copy of her passport data page.

[misterbigtoe 45]

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

The sad part is I hired a lawyer to help me with this case. She originally told me that the extension form 4868 was all that was necessary and to provide the returns for 07-09. Then the NVC said I needed letter 1722 which she never informed me of and knew nothing of. And she never informed me that my foreign earned income would not count for anything. And I didn't want to file my 2010 return after the NVC approved it because I didn't want to change what was already approved. If what everyone is saying in this forum is true, then my real lawsuit is with the lawyer who I paid to make sure there were no mistakes.

Just a thought to throw in here.

Contact your US congressional or senatorial representative and find out if there is a specialist or liaison in his/her office that works on immigration issues. Many of our elected officials have such aides on their staff who cultivate and maintain contacts within DOS and consulates to help constituents with issues like these and it can have a profound effect on your case. That being said, the effectiveness of elected representatives in these areas varies widely, some are very good and others are useless.

When you do make contact, maintain an attitude of humility. Bravado and perceived litigiousness will not get you in the door. Be prepared to explain your situation concisely and completely and hopefully you will have an opportunity for a walk in meeting with a person who can help you a great deal.

Edited September 28, 2011 by misterbigtoe

[Casprd 167]

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

The sad part is I hired a lawyer to help me with this case. She originally told me that the extension form 4868 was all that was necessary and to provide the returns for 07-09. Then the NVC said I needed letter 1722 which she never informed me of and knew nothing of. And she never informed me that my foreign earned income would not count for anything. And I didn't want to file my 2010 return after the NVC approved it because I didn't want to change what was already approved. If what everyone is saying in this forum is true, then my real lawsuit is with the lawyer who I paid to make sure there were no mistakes.

Whoa Nelly. If you were married in 2010 and you filled the taxes as single, you're going to have potentially another major problem. That is basically been telling one branch of the US Gov (immigrations) that you're married and another branch (IRS) that you aren't. People get denied for that. You should file married and separate or married and joint and get an ITIN which FYI isn't a problem later. the ITIN gets cancelled when the SSN is issued.

The main problem you're running up against is that you are interpreting the guidelines for the CO as hard and fast rules and they are not. They are guidelines. The CO ALWAYS has final discretion on whether to approve the visa or deny it. People well over the poverty line have and will continue to be denied and in some cases it is an indication that there may be another issue that the CO sees in the case that makes them suspect it is not a bona fide relationship.

Bottom line is you can not sue the government for denying your wife's visa petition. The courts have always ruled that immigration is not a right so you have no legal grounds for a lawsuit, and the consulates are a law unto themselves so to speak anyway. The Department of State can't even overrule them or force them to change their decision. I understand that you are frustrated with this crazy process and by all means vent those frustrations. But a the end of the day, step back and try to look at your case objectively.

[DaveE 178]

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

The sad part is I hired a lawyer to help me with this case. She originally told me that the extension form 4868 was all that was necessary and to provide the returns for 07-09. Then the NVC said I needed letter 1722 which she never informed me of and knew nothing of. And she never informed me that my foreign earned income would not count for anything. And I didn't want to file my 2010 return after the NVC approved it because I didn't want to change what was already approved. If what everyone is saying in this forum is true, then my real lawsuit is with the lawyer who I paid to make sure there were no mistakes.

Tread lightly with Consular Officials. There decisions are basically not reviewable. You say technically you should file as married, there is at least one case where the CR1 visa was denied because the husband did just what you are planning to do. I doubt that it is the norm, but it does show how some CO's think.

CR1 denied because husband filed taxes as single

Edited September 28, 2011 by DaveE

[danotoriusodo 0]

Whoa Nelly. If you were married in 2010 and you filled the taxes as single, you're going to have potentially another major problem. That is basically been telling one branch of the US Gov (immigrations) that you're married and another branch (IRS) that you aren't. People get denied for that. You should file married and separate or married and joint and get an ITIN which FYI isn't a problem later. the ITIN gets cancelled when the SSN is issued.

The main problem you're running up against is that you are interpreting the guidelines for the CO as hard and fast rules and they are not. They are guidelines. The CO ALWAYS has final discretion on whether to approve the visa or deny it. People well over the poverty line have and will continue to be denied and in some cases it is an indication that there may be another issue that the CO sees in the case that makes them suspect it is not a bona fide relationship.

Bottom line is you can not sue the government for denying your wife's visa petition. The courts have always ruled that immigration is not a right so you have no legal grounds for a lawsuit, and the consulates are a law unto themselves so to speak anyway. The Department of State can't even overrule them or force them to change their decision. I understand that you are frustrated with this crazy process and by all means vent those frustrations. But a the end of the day, step back and try to look at your case objectively.

Then what are my options because I e-filed yesterday as single? The IRS asks not to send an amended return until the original is processed which could take up to 3 months. Should I send an amendment in anyway and worry about the IRS confusion later in order to show immigration that I filed married?

The document my wife received said we needed a co-sponsor which I am not getting, would I even need my 2010 return in this case?

Thank you so much for your help. I'm completely lost.