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One yr tax return (2011) vs 3 yr tax returns to NVC

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Filed: IR-1/CR-1 Visa Country: India
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Does NVC accept one year tax return with AOS along with employment letter and paystubs for 2011 - with income much higher than than poverty guidelines?

or they always require 3 year tax returns (2009, 2010, 2011)

Anyone with personal experience of sending just one year returns?

Does NVC always generate an RFE if only 1 yr tax return is sent?

thanks

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Does NVC accept one year tax return with AOS along with employment letter and paystubs for 2011 - with income much higher than than poverty guidelines?

or they always require 3 year tax returns (2009, 2010, 2011)

Anyone with personal experience of sending just one year returns?

Does NVC always generate an RFE if only 1 yr tax return is sent?

thanks

For the AOS package, it's either the most recent year, or the last 3 years. It's up to you.

Whether you send in 1 year or 3, you STILL have to fill out the question asking for your income from the last 3 years.

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Filed: IR-1/CR-1 Visa Country: India
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For the AOS package, it's either the most recent year, or the last 3 years. It's up to you.

Whether you send in 1 year or 3, you STILL have to fill out the question asking for your income from the last 3 years.

Thanks. But does NVC send an RFE for 2009 and 2010 returns if not sent with AOS package?

I made very little money for 2009 and 2010 because I was a student. I got a real job in Jan 2011 and now have a decent income.

2010 returns I filed single (didn't know i had to file married) now I have sent an amended return to IRS don't have a transcript for 2010 and 2011(long story applied for ITIN- just issued ITIN on may 25 so tax returns are in process with IRS) and my AOS invoice will be generated anyday now. already sent in DS-3032

so I was thinking of just sending the 1040 and W2s for 2011.

Do you think NVC will ask for 2009 and 2010 anyway?

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Thanks. But does NVC send an RFE for 2009 and 2010 returns if not sent with AOS package?

I made very little money for 2009 and 2010 because I was a student. I got a real job in Jan 2011 and now have a decent income.

2010 returns I filed single (didn't know i had to file married) now I have sent an amended return to IRS don't have a transcript for 2010 and 2011(long story applied for ITIN- just issued ITIN on may 25 so tax returns are in process with IRS) and my AOS invoice will be generated anyday now. already sent in DS-3032

so I was thinking of just sending the 1040 and W2s for 2011.

Do you think NVC will ask for 2009 and 2010 anyway?

If you didn't have enough income back then to reach the threshold for filing taxes, you could submit an explanation letter why you weren't required to file. My husband did this, and submitted only for 2011, and our AOS has been accepted.

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10/04/11 - NOA-1

04/05/12 - NOA-2

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04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

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Filed: IR-1/CR-1 Visa Country: India
Timeline

If you didn't have enough income back then to reach the threshold for filing taxes, you could submit an explanation letter why you weren't required to file. My husband did this, and submitted only for 2011, and our AOS has been accepted.

Thanks. I filed the 2009 and 2010 returns.

I have transcripts for both also. but I filed single for 2010 and sent the amended tax return for 2010 to IRS(married filing jointly) in 2012 and don't have a transcript for 2010 for the amended return nor 2011. They are still in process because spouse just got ITIN issued yesterday. It won't be ready soon.

To avoid of confusion of sending amended 2010 tax return. I was thinking of just sending 2011 tax returns and w2 along with employment letter and pay stubs.

So my question again is, if I don't submit 2009 and 2010 returns and just submit 2011 tax returns, does NVC sends an RFE for additional 2 yrs anyways?

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Thanks. But does NVC send an RFE for 2009 and 2010 returns if not sent with AOS package?

I made very little money for 2009 and 2010 because I was a student. I got a real job in Jan 2011 and now have a decent income.

2010 returns I filed single (didn't know i had to file married) now I have sent an amended return to IRS don't have a transcript for 2010 and 2011(long story applied for ITIN- just issued ITIN on may 25 so tax returns are in process with IRS) and my AOS invoice will be generated anyday now. already sent in DS-3032

so I was thinking of just sending the 1040 and W2s for 2011.

Do you think NVC will ask for 2009 and 2010 anyway?

Again, I repeat, it's up to you whether to send one year or three years. It states this in the instructions. Please re-read the I-864 instructions again.

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Filed: IR-1/CR-1 Visa Country: India
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Again, I repeat, it's up to you whether to send one year or three years. It states this in the instructions. Please re-read the I-864 instructions again.

Thanks Saylin. My question basically was if NVC send RFE if only 1 year tax return is submitted rather than 3 yrs. I understand the requirements and instructions of I-864.

2nd question:

Do the tax return copies required for affidavit of support have to have signatures. Ifiled taxes through an accountant. He sent the originals with me and spouse's signatures to IRS and printed me a copy from the computer that does n't have our signatures. It has a COPY stamp on it.

Do I need to send tax return again to my spouse in India to get her signature because we didn't keep a copy of tax return with her signature.

or it is ok to send NVC the 1040 with our signatures...???

thanks.

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Filed: IR-1/CR-1 Visa Country: England
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Thanks Saylin. My question basically was if NVC send RFE if only 1 year tax return is submitted rather than 3 yrs. I understand the requirements and instructions of I-864.

2nd question:

Do the tax return copies required for affidavit of support have to have signatures. Ifiled taxes through an accountant. He sent the originals with me and spouse's signatures to IRS and printed me a copy from the computer that does n't have our signatures. It has a COPY stamp on it.

Do I need to send tax return again to my spouse in India to get her signature because we didn't keep a copy of tax return with her signature.

or it is ok to send NVC the 1040 with our signatures...???

thanks.

I only sent most recent tax return, checked top box for #25 & just reported figures for prior years.

No RFE for AOS...all went ok with that.

Sending additional years are optional as Saylin said. What is most important is that you meet Fed Pov Level with current income.

Married Sept.3,2010

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06/22/2011: NOA2

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07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

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??/??/????: I601 Filed at Lock-Box

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Thanks Saylin. My question basically was if NVC send RFE if only 1 year tax return is submitted rather than 3 yrs. I understand the requirements and instructions of I-864.

2nd question:

Do the tax return copies required for affidavit of support have to have signatures. Ifiled taxes through an accountant. He sent the originals with me and spouse's signatures to IRS and printed me a copy from the computer that does n't have our signatures. It has a COPY stamp on it.

Do I need to send tax return again to my spouse in India to get her signature because we didn't keep a copy of tax return with her signature.

or it is ok to send NVC the 1040 with our signatures...???

thanks.

Since 3 years is optional, of course NVC wouldn't issue a checklist for it not being included.

If it's possible, I'd suggest getting the tax transcripts from IRS. They're free and usually arrive within a week. NVC much prefers these over tax returns, W2s, 1099, schedules, and attachments that you'd otherwise have to send in.

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Thanks Saylin,

My tax transcripts won't be ready because spouse just got ITIN issued May 25. It seems IRS could take a weak to 12 weeks to process tax returns sent along with ITIN and issue a refund.

Tax transcripts can only be issued a week or two after refund has been processed.

But my AOS invoice will be issued anyday because the NVC has assigned me a case number and invoice number on thursday.

So I will probably have to send the tax return copies/w2s etc.

But now the issue is that I didn't keep copies of tax returns that the accountant sent to IRS with mine and wife's signatures.

Should I send my wife the tax return again for her signature or is it ok to send NVC the tax returns without our signatures??

Edited by rsgk
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Thanks Saylin,

My tax transcripts won't be ready because spouse just got ITIN issued May 25. It seems IRS could take a weak to 12 weeks to process tax returns sent along with ITIN and issue a refund.

Tax transcripts can only be issued a week or two after refund has been processed.

But my AOS invoice will be issued anyday because the NVC has assigned me a case number and invoice number on thursday.

So I will probably have to send the tax return copies/w2s etc.

But now the issue is that I didn't keep copies of tax returns that the accountant sent to IRS with mine and wife's signatures.

Should I send my wife the tax return again for her signature or is it ok to send NVC the tax returns without our signatures??

You can try sending NVC what you have now with all W2s, schedules, attachments, 1099s, etc included and see if they accept it. If they issue a checklist, then just request a transcript. It'd be faster than sending something to your wife in India and for her to send it back. Last year, when we were at NVC, my husband sent his tax return (including the application for an ITIN for myself) in mid-March, and his return was processed within a month, and had a tax transcript by the end of April.

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