AUS Police Certificate and US Tax W2 Form (Non Existent)

[AuSomeGee 5]

Hey VJ community,

Country: Australia

AOS Scan Date: 29th Sept

IV Scan Date: 29th Sept

I have just been in contact with NVC just before closing on Friday night (NVC time). I was hoping for CC, but alas there were 2 items which the agent provided information on which prevented CC:

1. Police Certificate

I obtained the National Police Clearance and included a photocopy of this with the documentation.

NVC Response:

This should have gone to the US Consulate.

My Question:

Can I just make another photocopy of the National Police Clearance document and send it to the US Consulate via email?

or

Do I have complete another National Police Clearance (spend another $100) and have it sent directly to US Consulate (Sydney) via the online process?

2. Petitioners 2013 W2 Form(s):

My wife (USC) included her 2013 Tax Return (in full) to the NVC. Due to her working in Australia for the entire 2013 tax period and self employed, she has no W2 Form - it simply does not exist and there is literally no need for it to exist - she never worked in US during 2013. Tax return was completed by US based Tax Accountant and all supporting Australian Tax information included. No US tax payable as was under threshold.

NVC Response: Even if she didn't work, she would still need to include the W2 Form from her employer. (eh? I don't even know how that makes sense)

My Question: Besides the above response making no sense, would the IRS Tax Transcript for 2013 be acceptable and fulfil the requirement?

Thanks for any tips / advice.

[Ryan H 3,856]

Moved from Progress Reports to Process & Procedures.

[jcparker 6]

I am in the same situation as your wife, I have been working in Australia and thus no W2 Forms. If you send a 2013 tax transcript, you do not need W2 forms, so I would send one in. This is what I did after reading through a few threads on these forums. They are easily accessible on the IRS website, I had trouble obtaining one online but was able to request one in the mail.

As for the police certificate, that is strange! In all the checklists it says to include it in the pack sent to the NVC...

[NikLR 13,232]

Hey VJ community,

Country: Australia

AOS Scan Date: 29th Sept

IV Scan Date: 29th Sept

I have just been in contact with NVC just before closing on Friday night (NVC time). I was hoping for CC, but alas there were 2 items which the agent provided information on which prevented CC:

1. Police Certificate

I obtained the National Police Clearance and included a photocopy of this with the documentation.

NVC Response:

This should have gone to the US Consulate.

My Question:

Can I just make another photocopy of the National Police Clearance document and send it to the US Consulate via email?

or

Do I have complete another National Police Clearance (spend another $100) and have it sent directly to US Consulate (Sydney) via the online process?

2. Petitioners 2013 W2 Form(s):

My wife (USC) included her 2013 Tax Return (in full) to the NVC. Due to her working in Australia for the entire 2013 tax period and self employed, she has no W2 Form - it simply does not exist and there is literally no need for it to exist - she never worked in US during 2013. Tax return was completed by US based Tax Accountant and all supporting Australian Tax information included. No US tax payable as was under threshold.

NVC Response: Even if she didn't work, she would still need to include the W2 Form from her employer. (eh? I don't even know how that makes sense)

My Question: Besides the above response making no sense, would the IRS Tax Transcript for 2013 be acceptable and fulfil the requirement?

Thanks for any tips / advice.

Tax return transcript would be the only acceptable form as she was SELF EMPLOYED and needed to be sent with the AOS documentation. As in required to be sent.

Depending on where you live, depends on if the PCC is sent to the consulate or if you take it. Did you check the NVC website about which is correct for you?

[AuSomeGee 5]

Thank you for the responses.

Update below:

1. Police Certificate: I have completed a secondary AFP National Police Check with direct posting to US Consulate with confirmation it should arrive there this week (Wed/Thurs). In addition to that, I have sent an email to the US Consulate asking if this is sufficient and if it will be linked to my VISA application? Awaiting response (possibly 1 -2 business days, but am expecting longer for a response).

I have also submitted NSW National Police Clearance which is in progress and will also send this to the US Consulate to ensure EVERY possible criminal clearance check in existence is at the US Consulate. Overkill?...maybe, but just at the point I don't want to give any possible option for further delays.

NLR - for where I live, I followed the breadcrumbs from NVC site, to US Consulate, to both the NSW Police (State) and AFP (Federal Police) with both websites stating the document via that website is used for overseas visas. There is no one specific document and nothing stating if it should go to directly to the US Consulate or bring to the interview.

In summary, between NVC and the US Consulate, they will have received:

2 x AFP

1 x NSW National Police Clearance

With all of them stating I have not one criminal conviction. (unless they count the 2 traffic camera violations and the illegal u-turn i got caught doing at 3am in the morning 5 years ago....yeah, i am such a rebel)

2. TAX Transcript: Now the fun begins......we have finally be able to obtain the 2013 TAX Transcript (via US Based Tax Agent who completed the tax return).

My wife entered her details (as per 2013 TAX RETURN) on the IRS Tax website which rejected it and locked account. In following up with the Tax Agent and successfully obtaining the 2013 Tax Transcript, my wife's name and residential information is different from the 2013 Tax Return (but the same Social Security Number).

So, if the 2013 Tax Transcript name and address is different from the 2013 Tax Return - will this be accepted by NVC?

The Tax Agent is looking further into it but this is getting beyond a joke. Bureaucracy at it's finest.

In speaking with NVC Agent (1st Level) last night, she simply stated for my wife to send a signed letter stating she has not worked in the US for the 2013 tax period. This seems way too simple and if it actually is as simple as this, then makes me even more frustrated. We are going to send a letter to that effect AND the 2013 TAX Transcript (corrected or as it is) and a letter from the US Tax Agent stating lodgement, etc.

Looking on the bright side....with these ridiculous paper delays we avoid a US winter and get there in time for Summer....just hoping it's Summer 2015 and not any later....

Apologies for the long winded explanation but thought it better to be as detailed as possible...

[NikLR 13,232]

You only need to submit the tax return transcript or the ENTIRE tax return, and in your case the tax return transcript is easiest. I'm unsure why her address is incorrect, you'd have to contact the guy she paid to do her taxes for her.

You have a joint sponsor right? Or are you hoping that your wife's self-employment income will suffice?

[AuSomeGee 5]

The ENTIRE 2013 tax return was originally included to NVC.

We have only gone down the tax transcript path to try and include 'official paperwork' rather than just a signed letter by my wife.

The response of 'just send a signed letter in saying no 2013 US employment' seems to lack any authority to the point why does this item even need to be considered a failing to be checklisted. (rhetorical comment, I have given up trying to understand NVC and this process)

Follow up with Tax agent has already started....hoping for update overnight.

Yes, we have a Joint Sponsor who well and truly exceeds the guidelines and had his transcripts included.

[NikLR 13,232]

did you include your wife's current income on the I-864?

[AuSomeGee 5]

Yes. Her current income is zero as she is not employed - she is a stay at home mum.

[Oyehope 5]

Hey VJ community,

Country: Australia

AOS Scan Date: 29th Sept

IV Scan Date: 29th Sept

I have just been in contact with NVC just before closing on Friday night (NVC time). I was hoping for CC, but alas there were 2 items which the agent provided information on which prevented CC:

1. Police Certificate

I obtained the National Police Clearance and included a photocopy of this with the documentation.

NVC Response:

This should have gone to the US Consulate.

My Question:

Can I just make another photocopy of the National Police Clearance document and send it to the US Consulate via email?

or

Do I have complete another National Police Clearance (spend another $100) and have it sent directly to US Consulate (Sydney) via the online process?

2. Petitioners 2013 W2 Form(s):

My wife (USC) included her 2013 Tax Return (in full) to the NVC. Due to her working in Australia for the entire 2013 tax period and self employed, she has no W2 Form - it simply does not exist and there is literally no need for it to exist - she never worked in US during 2013. Tax return was completed by US based Tax Accountant and all supporting Australian Tax information included. No US tax payable as was under threshold.

NVC Response: Even if she didn't work, she would still need to include the W2 Form from her employer. (eh? I don't even know how that makes sense)

My Question: Besides the above response making no sense, would the IRS Tax Transcript for 2013 be acceptable and fulfil the requirement?

Thanks for any tips / advice.

Hello can you please explain further what the problem was with you sending a photocopy of your police clearance. The NVC information for Australia's says we should send a copy of the police clearance and NVC have also stated that we should only send photocopies rather then the original.

We are to take the original with us to the Australian embassy in Sydney.

What was the exact problem. My husband and I are putting our docs together and want to make sure all of right before we can send.

[AuSomeGee 5]

Hi Oyehope

From what I can gather, the following needs to be done:

I reside in NSW so possibly check at your local Police station for your state if you are not in NSW.

Send Original Police Clearance document to the US Consulate in Australia. Apparently, the NVC do not even deal with the Police Certificate (neither the original or photocopy). This was actually stated by an NVC agent over the phone yesterday.

This is an excerpt of the response from the US Consulate to my query about having my second AFP (Federal) Police Clearance document sent directly to the Consulate:

"Depending on the Australian state/territory in which you reside will depend if the police certificate is meant to be sent to our office.

If the original Australian police certificate is received in our office, our office will remain in possession of the form which will then be returned to you on the day of the visa interview."

So, my second requested AFP Police Clearance document will be sent directly to the US Consulate this week (hopefully tomorrow). How do I know it has been received? No idea. I may have to call.

As I was still unclear as to what exact Police Clearance document was required, I also submitted a request for a NSW National Police Clearance which I will also send the original of to the US Consulate.

In completing the above, the US Consulate will have both AFP and NSW National Police Clearance original documents.

Hope the above helps....

[andlolosays 11]

Hi Oyehope

From what I can gather, the following needs to be done:

I reside in NSW so possibly check at your local Police station for your state if you are not in NSW.

Send Original Police Clearance document to the US Consulate in Australia. Apparently, the NVC do not even deal with the Police Certificate (neither the original or photocopy). This was actually stated by an NVC agent over the phone yesterday.

This is an excerpt of the response from the US Consulate to my query about having my second AFP (Federal) Police Clearance document sent directly to the Consulate:

"Depending on the Australian state/territory in which you reside will depend if the police certificate is meant to be sent to our office.

If the original Australian police certificate is received in our office, our office will remain in possession of the form which will then be returned to you on the day of the visa interview."

So, my second requested AFP Police Clearance document will be sent directly to the US Consulate this week (hopefully tomorrow). How do I know it has been received? No idea. I may have to call.

As I was still unclear as to what exact Police Clearance document was required, I also submitted a request for a NSW National Police Clearance which I will also send the original of to the US Consulate.

In completing the above, the US Consulate will have both AFP and NSW National Police Clearance original documents.

Hope the above helps....

Hmm...my husband completed his AFP police clearance online, and they never gave him an option of sending it anywhere other than the address he provided for himself...?

[AuSomeGee 5]

Yeah - that's one of the multitude of issues I have found with the AUS Police Clearance process.

From this experience, I believe the best way to complete the task is to do the following:

1. Obtain the relevant Police Check for your state

2. Have the original sent to your home address

3. Scan / Photocopy the Original

4. Send the Original to the US Consulate

5. Include photocopy in documents sent to NVC

Using the above, I believe this would cover all aspects of having the original Police Clearance at the US Consulate and included at the NVC (even if irrelevant - at least it is there)

I am still yet to find out which of the documents - AFP Police Clearance OR the NSW National Police Clearance - are the official documents which they require.

If I had a time machine, I would go back and do both in the same manner as above.

[Oyehope 5]

Yeah - that's one of the multitude of issues I have found with the AUS Police Clearance process.

From this experience, I believe the best way to complete the task is to do the following:

1. Obtain the relevant Police Check for your state

2. Have the original sent to your home address

3. Scan / Photocopy the Original

4. Send the Original to the US Consulate

5. Include photocopy in documents sent to NVC

Using the above, I believe this would cover all aspects of having the original Police Clearance at the US Consulate and included at the NVC (even if irrelevant - at least it is there)

I am still yet to find out which of the documents - AFP Police Clearance OR the NSW National Police Clearance - are the official documents which they require.

If I had a time machine, I would go back and do both in the same manner as above.

.

Thankyou I think we will do exactly what you suggested here to cover all basis. I appreciate the information

Edited December 2, 2014 by Oyehope

[AuSomeGee 5]

You are most welcome. Let me know how you go with your submission.

I am sending my wife's Tax documents to NVC today with a letter giving detailed explanation...thus, giving them more than the required documentation and information.

Dreading the 60 day letter (and the potential 60 days) for these to be reviewed....