K1 interview without tax returns

[Mrijex 20]

Hi guys, 

I'm not that experienced in posting here but have been a lurker for a while and wanted to see if the knowledge of this community could help me figure something out. I'm the beneficiary (Dutch nationality and will also try to post this in a country specific thread if it exists), and am planning for my K1 visa interview. We received Noa2 beginning of October and I received the 'K1 pre appointment package' end of October. We've been trying to get our papers together this past month and have run into something. So we have prepared the i134 including a statement from his boss and a statement from the bank but now the checklist said 'including latest tax returns' - we've never read this before and are panicking a little. Our situation is the following:

USC lived in the Netherlands with me from August 2016 to September 2017. Then was supported by his mother until January 2018 when he found his current job. Didn't do tax returns for 2018 bc didn't make enough by April and didn't do tax returns in 2017 because he wasn't in the USA. Latest tax returns are thus from 2016 and possibly misplaced. 

My questions:

-what if I go to the interview with no tax returns? Just the i134 with letter from boss and bank

- I see we can request tax return transcripts from the IRS, what if we do this for the latest tax return and I bring that (so only 2016)?

- I know he can still file for 2018 and 2017 even though he didn't make hardly anything.. Would that help? 

 

I'm a little confused why they need the tax returns and don't know what to do. Open to everybody's help... 

[JFH 12,189]

He should have still filed a tax return even when he was overseas - all USCs are required to file a tax return every year no matter where they are. The only exception is if they were earning below the filing threshold. If that’s the case, he needs to write a statement explaining that he was not required to file in 201x and 201y (whichever years it is) because his total income for the year was below the filing threshold. If he made a dollar over the limit, he must file. Likely he won’t have to actually pay any taxes but the filing requirement always applies. 

[Mrijex 20]

5 minutes ago, JFH said:

 

Thanks for the quick respons!

My question still remains: if id bring the transcripts for the years that he was required to file- what will they use it for?? He's above the poverty line in his current job but may not always have been, will that be an issue?? 

[Mrijex 20]

Adding to this: we're looking at getting the transcripts from the IRS, has everybody done that before? They also have an option where you can require the 'copy' but it's expensive in money and time. Will the transcripts suffice? 

[JFH 12,189]

1 minute ago, Mrijex said:

Thanks for the quick respons!

My question still remains: if id bring the transcripts for the years that he was required to file- what will they use it for?? He's above the poverty line in his current job but may not always have been, will that be an issue?? 

Who knows what they use the previous tax returns for? Maybe it’s just to check that he has been meeting his obligations. They will base the affidavit if support decision on his current income so if that’s above the poverty line then it should be fine. But if they’ve asked for previous tax returns, just take them with you. We are asked all sorts of unusual questions in this process and often we never know why. At my interview for example, I was asked how long my father worked overseas. This was for a spouse visa and I have had almost no contact with my father since my parents divorced many years ago. Strange question...

3 minutes ago, Mrijex said:

Adding to this: we're looking at getting the transcripts from the IRS, has everybody done that before? They also have an option where you can require the 'copy' but it's expensive in money and time. Will the transcripts suffice? 

Transcripts requested online are fine. 

[C90 376]

Tax returns are for the last 3 years. If you only bring 2016 while he had to file in 2017 and he didn’t do that without good reason, that is not enough. But I can remember from my interview in April (I’m also Dutch) that they didn’t ask for them, just the financial papers you have to fill out. For your AOS it is required though, so he has to pay a late filing fee and still file. You can request the available transcripts online at the IRS

[payxibka 10,044]

No late filing fee if no tax owed.  

[Mrijex 20]

Thanks everybody for responding. I really wanna get this right. I think he's filed for the right years, we're just going to have to get the transcripts. It still baffles me this is decided by the consulates or embassys and I didn't see until the pre appointment checklist came in. Also I really hope they're not going to use previous years to show that he wouldn't have the financial means because he's at a place now where he can, which the letter from his job shows clearly. If anybody knows specifically why they need this feel free to enlighten us 

[Mrijex 20]

3 hours ago, JFH said:

 

Transcripts requested online are fine. 

Can I ask do you: or anybody reading this for that matter, have experience knowing that the transcripts will be enough or did you read it somewhere?? Just trying to make sure 

[geowrian 22,335]

14 hours ago, Mrijex said:

Can I ask do you: or anybody reading this for that matter, have experience knowing that the transcripts will be enough or did you read it somewhere?? Just trying to make sure 

It's stated in the I-864 instructions. The I-134 is a nonbinding document but follows the same general rules as the (binding) I-864, which you will use for AOS later.

 

Tax returns are not strictly required for the I-134, but are commonly requested by COs for many countries.

Having filed for the past 3 years  (currently 2015-2017) is required for AOS later. If he didn't file for a year, he needs to correct that (unless his income was under the IRS filing threshold).

Edited December 3, 2018 by geowrian

[confusedshoes 193]

16 hours ago, Mrijex said:

Can I ask do you: or anybody reading this for that matter, have experience knowing that the transcripts will be enough or did you read it somewhere?? Just trying to make sure 

Hello, I got my Tax Transcripts online, you will need to fill out a bit of information, SSN, DOB, and Phone number. After that you will be able to download the PDF free, you can also have it mailed to you for free. I have gotten them both ways, Mail takes about 8 working days, while the online printout is instant. 

[Mrijex 20]

9 hours ago, confusedshoes said:

Hello, I got my Tax Transcripts online, you will need to fill out a bit of information, SSN, DOB, and Phone number. After that you will be able to download the PDF free, you can also have it mailed to you for free. I have gotten them both ways, Mail takes about 8 working days, while the online printout is instant. 

Thank you! So then have you also used the transcripts for the purpose im using them for?? (K1 visa interview?) just want to see if we don't need the whole copy. 

[payxibka 10,044]

7 minutes ago, Mrijex said:

Thank you! So then have you also used the transcripts for the purpose im using them for?? (K1 visa interview?) just want to see if we don't need the whole copy. 

Tax transcripts are the same as tax returns but in a more summary fashion and direct from the IRS    supplying both is redundant 

[Mrijex 20]

Thanks everybody. I'm still uncertain if anybody has actually taken the transcripts to the K1 visa interview and wether or not they have been accepted like that? Would love to hear if thats the case for anybody. 

 

Also: what does the last 3 years mean? If my interview is before April of 2019, I would have to bring the tax return forms for 2017, 2016 and 2015 right?

 

[payxibka 10,044]

4 minutes ago, Mrijex said:

Thanks everybody. I'm still uncertain if anybody has actually taken the transcripts to the K1 visa interview and wether or not they have been accepted like that? Would love to hear if thats the case for anybody. 

 

Also: what does the last 3 years mean? If my interview is before April of 2019, I would have to bring the tax return forms for 2017, 2016 and 2015 right?

 

Many many many people have used transcripts in lieu of the 1040 et al.  If three years are being requested,  Three years means exactly what you describe