Interview Approved!!! But VISA is on hold

[mpwhitebird 0]

So my wife had her interview in Frankfurt, Germany today and was approved . He took her passport, showed her the envelope she will be receiving and gave her a letter to go on her merry way. The whole ordeal took less than 20 minutes, he only asked her how we met, what I did for a living, where I lived, and that is all. He didn't bother to look at any pictures or ask anything else at all. I suppose that is good but we expected more, bit of a bittersweet experience . Anyhow, the letter she received reads the following:

"Dear Immigrant Visa Applicant:

This office regrets to inform you that your visa application is refused because you have been found ineligible to receive a visa under section 221(g) of the Immigration and Nationality Act for missing documentation.

After we receive the documents checked below, we will be able to re-evaluate your application:

___ Medical Certificates(s)

___ Police Certificate

___ I-864 and supporting tax return and W2 documentation

_X_ Other: Latest tax return

You have one year from this date to obtain these documents, or another interview will be required.

Sincerely,

JK

Consular Officer

Immigrant Visa Unit

Consulate General of the United States"

I proceeded by emailing a copy of my Form 4868: Tax Extension Form to the embassy right away. The section in the red box is what worries me, I asked my accountant why we had all 0s and he said it's standard procedure and that the actual information would be corrected once we filed for taxes. Therefore, I don't have a cancelled check and at this point I don't want any clerical errors. Is it just me or should I calm down and let everything take its course?

[pushbrk 12,979]

You call your accountant and apologize for not making it clear months ago, that you needed the 2013 tax return filed before your wife's interview, and beg him/her to file it ASAP, so your wife can get her visa.

Folks. Don't file extensions on tax returns when you know your spouse's interview is coming up. File early, not late, in these situations.

[KARMK 4]

Some people are not able to file their taxes by the deadline. For example, I am a partner in a large business and the business (over which I have no control) does not calculate and inform me of my previous year's income until August. Therefore, I can't file my taxes until after that, so I am required to file an extension every year. There has to be a solution for people in this situation. Will OP have issues with just using the extension form? Does anyone know of a situation in which this has been accepted in lieu of a tax return?

[mpwhitebird 0]

Some people are not able to file their taxes by the deadline. For example, I am a partner in a large business and the business (over which I have no control) does not calculate and inform me of my previous year's income until August. Therefore, I can't file my taxes until after that, so I am required to file an extension every year. There has to be a solution for people in this situation. Will OP have issues with just using the extension form? Does anyone know of a situation in which this has been accepted in lieu of a tax return?

This is the case for me as well, every year I must file for an extension. I hope someone has some more insight on this. I suppose all I can do now is sit and wait.

[pushbrk 12,979]

Then provide all the evidence of income you can. Do you have any W2 forms or other documents to indicate what your 2013 earnings were. Unfortunately, if you are "self employed" it isn't "income" until it shows up on line 22 of a tax return. If your business is historically and consistently profitable, your accountant should be able to come up with a solution for you that's better than an extension form with zeros.

[mpwhitebird 0]

Then provide all the evidence of income you can. Do you have any W2 forms or other documents to indicate what your 2013 earnings were. Unfortunately, if you are "self employed" it isn't "income" until it shows up on line 22 of a tax return. If your business is historically and consistently profitable, your accountant should be able to come up with a solution for you that's better than an extension form with zeros.

I am "self employed" and this is my first year of doing business after branching out. The file extension was filed exactly like that with the 0s, can and if so should I file a new one? Or should I just calculate one and send it only to the embassy and not actually the IRS?

[pushbrk 12,979]

Not enough information. Are you really unable to file soon, because the information is not available? If so, yes, file a return, then file an amended one when all your information is available. If this is just a CPA or other accountant who wants more time to do their job, but actually has what is needed (other than time) to file now, I stand with my first recommendation. If that doesn't work, file anyway and file an amended return later.

You can file without sending a check. They are asking for a tax return, not evidence you paid the IRS anything.

With 2013 being your first year as self employed, you technically (in immigration context) have zero evidence of ANY "current income". This is because for the self employed, it isn't "income" until seen on line 22 of a 1040 form.

[mpwhitebird 0]

Not enough information. Are you really unable to file soon, because the information is not available? If so, yes, file a return, then file an amended one when all your information is available. If this is just a CPA or other accountant who wants more time to do their job, but actually has what is needed (other than time) to file now, I stand with my first recommendation. If that doesn't work, file anyway and file an amended return later.

You can file without sending a check. They are asking for a tax return, not evidence you paid the IRS anything.

With 2013 being your first year as self employed, you technically (in immigration context) have zero evidence of ANY "current income". This is because for the self employed, it isn't "income" until seen on line 22 of a 1040 form.

I'm going to follow your advise and fill a return today and send a copy to the embassy. I'll amend the return at a later time. The AOS package contained my previous tax transcripts, do you think they want one for 2013 after the tax return has been filed? I hope not. I assume they would have specifically asked for one along the tax return. What do you think?

[pushbrk 12,979]

A complete copy of your tax return, including all schedules, W2 (if any) and 1099 forms will do just fine. Return transcripts are only "preferred" because they tend to be shorter. You'll have to wait maybe a couple months for a transcript to be available, so I would send a copy of the return. In your case, I would sign the copy.

Remember, your "current income" is going to be the number on line 22 of the 1040, after you take your business expense deductions etc., so make sure it's enough. You qualify or based on current income, no matter what you made any other year before 2013.

[mpwhitebird 0]

A complete copy of your tax return, including all schedules, W2 (if any) and 1099 forms will do just fine. Return transcripts are only "preferred" because they tend to be shorter. You'll have to wait maybe a couple months for a transcript to be available, so I would send a copy of the return. In your case, I would sign the copy.

Remember, your "current income" is going to be the number on line 22 of the 1040, after you take your business expense deductions etc., so make sure it's enough. You qualify or based on current income, no matter what you made any other year before 2013.

OK so my tax return is complete with all needed W2s and 1099 forms. Should I efile right away with the IRS or should I just send a copy to the embassy without actually filing with the IRS? The reason I ask is because I actually owe taxes and it's quite a bit for me to pay right now and won't have that kind of cash until November. Do they actually run a check to see if each person has filed? I know I have the option to pay later but that would require me paying fees. Now if that's what I must do then I guess there is no way around it I'll just end up paying the fees. I'm just weighing my options here. Thank you so much for all the great advice you have given so far, I know each and everyone of you have busy schedules and to take your time and help other is really invaluable. Thanks!

[pushbrk 12,979]

File the return without payment. Your penalties will be the same regardless of when you file, because they are based not on when you file but how long after April 15, you actually pay. What you are suggesting is immigration fraud. It's not YOUR tax return until it's filed.

[mpwhitebird 0]

File the return without payment. Your penalties will be the same regardless of when you file, because they are based not on when you file but how long after April 15, you actually pay. What you are suggesting is immigration fraud. It's not YOUR tax return until it's filed.

I just filed, using the e file option. I just printed everything out and will be making the payment at a later time. Now all I have to do is email the tax return to the embassy and let them work their magic. Thanks pushbrk! I'll tell my wife how much help you've been and maybe one day I can buy you a beer in Dallas

[mpwhitebird 0]

It worked!!! You guys it worked!!! I'm so thankful for your input pushbrk and KARMK, without you we'd probablyt still be waiting. Check out the picture

[pushbrk 12,979]

Terrific! Congratulations!

[teanet 20]

I noticed somebody was asking about the extension. My husband had extension for taxes so when we sent all papers to NVC we didn't have last year tax return. He sent them letter explaining everything, gave other 3 years tax returns, his W2 and LES and it got excepted. My husband is military so I don't know if that had something to do with it.