tax extension/ return for interview

[Smitty 0]

ok, so I used my Mom as a sponsor for my AOS. When i filed the I-864 I included her last 3 tax returns. My wife is really concerned that she needs my Mom's last tax return for her interview. After searching this forum, I've read posts that have alluded to her needing it also, but I'm not sure.

In the interview schedule E-mail from N.V.C. it states this under "Reminders":

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.

I take that to mean since I already sent my Mom's last 3 tax returns, my wife wouldn't need to bring the most recent with her. I would just send it to her anyway, but my Mom is really against that because of identity theft concerns. Does anyone know if the most recent tax return is a must have in this situation? Her interview will be in Manilla.

Also, I was wondering about "proof of tax extensions". Personally, I haven't filed any taxes lately because I've been unemployed, going to school. Should I have sent some kind of proof of tax extension? What would that consist of? I already stated in the I-864 I've been unemployed and going to school.

Sorry, if these are stupid questions. These are the only one's I've asked on here through the whole process, although I've found many answers here just reading other people's posts and the guides. I'm so thankful for this great site. Thanks in advance!

[Jojo92122 1,925]

She needs the return for 2010.

[Jim N Augie 16]

I would think if you have proof of filing extension ( the actual form used in place of the return) it would also serve as proof that the most recent tax return filed would be previous year ( 2009) since 2010 is in extension and not filed yet. Of course if the extension period is over and 2010 got filed then it is most recent. The requirement is most recent FILED.

Edited October 24, 2011 by Jim N Augie

[Jim N Augie 16]

To be clear that doesn't mean you can just skip years. You need the return or proof of extension in my opinion.

[yachachiq12 43]

Jojo is right. Re-read what you quoted: 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.

At NVC, the extension proof will do, but at the Embassy you have to show the filed return for the most recent year which is 2010. This happened to someone else recently and they were asked to provide the filed tax transcript for the sponsor before the consulate would issue the visa.

Review these two cases. The second will take a little reading to get to the explanation of the tax filing extension issue: http://www.visajourney.com/forums/topic/322962-canadian-cr1-refusal-at-todays-interview-in-montreal-needs-additional-documentation/page__p__4823424__hl__tax+extension__fromsearch__1#entry4823424

http://www.visajourney.com/forums/topic/331525-cr-1-interview/page__hl__tax+extension

[Smitty 0]

wow, thanks for all the responses! I'm wondering if you guys are thinking that I meant to say my Mom(co-sponsor) sent in a tax exemption for 2010? I've actually already sent in her 2010 tax return with the I-864. It seems like they should already have it, right? Is my wife supposed to bring another 2010 return to the interview anyway? Probably I'm just the one who's got it mixed up, though. Hopefully I can just convince my Mom to let me E-mail my wife her 2010 tax return, despite her really not wanting to.

And apart from that, I was thinking, was I supposed to send in a tax exemption form even though I've got a co-sponsor who already sent in her '08, '09, and 2010 tax returns, and I already stated on my form that I haven't been working? Because I never did send one in.

I thought I was all good after NVC passed on my case to the Embassy, but apparently they would have done that even if I wouldn't have given them any tax returns at all.

Even In the interview schedule E-mail from N.V.C., under the document status, their is a "Y" marked down for Financial Evidence. It says "Y" means the required documents have been received.

Anyways, thanks again for the responses. sorry for any run-on sentences I might have up there. lol

[Done--Really 331]

Hey Yach...

Not correct. Read the words precisely--if an extension was filed for 2010, then 2009 is the most recent and that is ALL that is required by the embassy..Been there, done that--that is exactly what our situation was and no questions asked. We had teh extension and the 2009 return in the package, and our interview was in September.

[yachachiq12 43]

Hey Yach...

Not correct. Read the words precisely--if an extension was filed for 2010, then 2009 is the most recent and that is ALL that is required by the embassy..Been there, done that--that is exactly what our situation was and no questions asked. We had teh extension and the 2009 return in the package, and our interview was in September.

Based on the two experiences described in the above linked threads, does it not seem to you that this is interpreted variously and you received the "benefit of the doubt" interpretation?

[Done--Really 331]

Absolutely not Yach--it is directly from the Dept of State web site, and I suspect if we had a copy, it is verbatim in the field manual as well.

[Done--Really 331]

Yach beat me up for saying absolutely not, and he is correct...there is nothing absolute about the immigration process, but having said that, this is an easy process if we take all the instructions literally, and then double check with the experiences of others--there is no room for opinions just because you think they make sense. And a suggestion, when pointing to other theads, please read them VERY closely to be sure they apply...just because they are the same subject matter, the circumstances may be different as is the case in the two that Yach had researched--close, but enough different that they didn't apply.

Good work Yach--your considerate approach will take you a long way here and in life. I think we will all be saying thank you as you add to your posts.

[Jim N Augie 16]

Sure enough one never knows what an embassy interpretation will be. Only an opinion here but if 2010 is in extension then that return does not exist so can not be provided.

[Done--Really 331]

You are right on the money, Jim...I personally had that situation and no big deal. It is explicitly spelled out on the DOS web site, so I pretty much trake it to the bank.

[Jim N Augie 16]

wow, thanks for all the responses! I'm wondering if you guys are thinking that I meant to say my Mom(co-sponsor) sent in a tax exemption for 2010? I've actually already sent in her 2010 tax return with the I-864. It seems like they should already have it, right? Is my wife supposed to bring another 2010 return to the interview anyway? Probably I'm just the one who's got it mixed up, though. Hopefully I can just convince my Mom to let me E-mail my wife her 2010 tax return, despite her really not wanting to.

And apart from that, I was thinking, was I supposed to send in a tax exemption form even though I've got a co-sponsor who already sent in her '08, '09, and 2010 tax returns, and I already stated on my form that I haven't been working? Because I never did send one in.

I thought I was all good after NVC passed on my case to the Embassy, but apparently they would have done that even if I wouldn't have given them any tax returns at all.

Even In the interview schedule E-mail from N.V.C., under the document status, their is a "Y" marked down for Financial Evidence. It says "Y" means the required documents have been received.

Anyways, thanks again for the responses. sorry for any run-on sentences I might have up there. lol

Just a point maybe others can weigh in here but I have always been told anything with a signature you need to show original so if it were me not sure I'd email a copy of the return. Sent mine thru delivery so it's original and my signature in ink.