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Posted

Hi all! We have our interview on March 8 and just noticed that the travel.state.gov site includes the following in their instructions for interview preparation:

 

Every visa applicant, no matter their age, must bring certain documents to the interview, including photographs, the original or certified copy version of all civil documents submitted to NVC. You do not need to bring your Affidavit of Support or financial evidence you submitted to NVC.”

 

My husband (UK citizen) and I are in an annoying situation where the IRS has STILL not processed my corrected 2019 tax return, and we can’t file my 2020 taxes before he gets a SSN/ITIN. Given that our interview is three weeks, there’s no way the IRS would be able to process my tax return by then, even if we could somehow conjure an ITIN for him out of thin air today (we’ve applied).

 

I provided the NVC with three years of prior tax returns and a letter explaining the situation, and everything was accepted obviously but we’re still nervous about it being an issue last minute. 

 

My question is: did the officer at your interview ask for any financial documents/proof of income despite the above instructions? We’ll obviously be bringing EVERYTHING, but just trying to figure out how stressed I should be regarding our weird tax return situation coming up at the interview. If you make it to the interview and the NVC accepts your docs, does that mean the financial bit is basically sorted?

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
41 minutes ago, Sm4598 said:

 

My husband (UK citizen) and I are in an annoying situation where the IRS has STILL not processed my corrected 2019 tax return,

Why did you correct your 2019 return? Was your income sufficient as shown?

2000 returns are not expected to be filed and presented at this time so you’re good with a 2019 return +plus W2 or 1099 income statement. Or a 2019 transcript. The issue some have experienced is the officer saying they could not see the W2 and it had to be uploaded again. You might want to upload a 2019 W2 the day before your interview.

Edited by Wuozopo
Posted
7 minutes ago, Wuozopo said:

Why did you correct your 2019 return? Was your income sufficient as shown?

2000 returns are not expected to be filed and presented at this time so you’re good with a 2019 return +plus W2 or 1099 income statement. Or a 2019 transcript. The issue some have experienced is the officer saying they could not see the W2 and it had to be uploaded again. You might want to upload a 2019 W2 the day before your interview.

My income was sufficient in reality, but not as shown in my currently available 2019 tax transcript. 

 

The issue was that I filed a paper 2019 return in May 2020 (with extension). Obviously with COVID, the IRS ground to a halt and they estimated it would take 3-4 months to get that processed (the woman on the phone literally said paper tax returns were sitting in piles in a warehouse). Meanwhile, because I used a tax preparation company to file my 2019 taxes, I had to submit my information online to get the first stimulus payment.

 

By submitting my info online, the IRS system incorrectly marked me as non-filer for 2019. Even though I had already submitted my 2019 tax return. So the 2019 tax transcript I can access online has my 2019 income as $1. My actual return has still not been processed. I got the IRS on the phone and they said it would now be processed as an amended return, adding even more processing time. 

 

To further complicate stuff, I’m a contractor and so only have 1099 income, not W2. I have plenty of evidence of my income, but no accepted 2019 tax return that lists my actual income. Just the one that says I made $1 in 2019 🙄

Filed: Citizen (apr) Country: England
Timeline
Posted
1 hour ago, Sm4598 said:

To further complicate stuff, I’m a contractor and so only have 1099 income, not W2. I have plenty of evidence of my income, but no accepted 2019 tax return that lists my actual income. Just the one that says I made $1 in 2019 🙄

As a contractor, you are considered as self employed and a tax return is the only way to show your income. Your profit/loss from your “business” is what counts. Your 1099 could show sufficient income but it doesn’t show what kind of business deductions you took on Schedule C. It sounds like you took a lot of deductions if you reduced your income to $1. Or are you saying your actual return showed enough income. I don’t uderstand how you have a transcript if the actual return was not processed. Do you have a copy of that return and your 1099? That may work for you. Interviewing officers probably don’t know much about how to file taxes either. If your line 7b (on Form 1040) shows sufficient income and you have a 1099, then maybe they will okay you. Maybe they will want that uploaded. Upload and take all the forms that have an attachment sequence number behind the Form 1040 which goes first. Anything without that sequence number is not part of the return and just extra stuff for your records.IMG_3217.PNG.ca10e05de2a25c599a1c928713d2f46b.PNG

 


 

Also you need to know that your transcript will not update when you amend. It will remain whatever it is NOW according to the IRS. Why don’t you just hurry up and get your 2020 efiled and print a copy to take.

 

The very worst that will happen Is your officer may tell you to get a joint sponsor. You get one and send in by the courier and get your visa. You won’t get cancelled. Just a short delay. 

Posted (edited)

Thanks for your response!! @Wuozopo

 

To be clear, my 2019 income was sufficient. I didn’t take any deductions. That $1 income is an error based on the fact that the IRS incorrectly categorized me as a non-filer with no income for 2019. It’s not based on any tax return I filed. It’s just a mistake on their part which won’t be officially corrected until they process my real tax return.

 

I have an incorrect transcript because the IRS does actually generate a transcript for for people who report no income, with a placeholder income of $1. No idea why, but that’s what they’ve told me. When I request a transcript, I get that transcript with the reported $1.

 

They know about the mistake, but can’t get me a correct transcript until they process my actual return. The IRS confirmed that when my return is amended, we will actually get an amended transcript.

 

I have the correct return that I filed, which shows my real income and is supported by my 1099s, etc. Plus a letter of explanation, bank statements showing income, past tax transcripts, a letter from one client affirming our ongoing relationship, etc. 

 

As I noted in my original post, I can’t file my 2020 taxes because that pending 2019 return also included an ITIN application for my UK husband. Because it hasn’t been processed, he still doesn’t have an ITIN. Which means I can’t e-file as married/joint or married/separate, because that requires either an ITIN or an SSN for the foreign spouse. And I obviously can’t file as single lol. 

 

Normally when a spouse doesn’t have an ITIN/SSN but you need to file, you just include the ITIN application with your paper return. Which is what we did last year. BUT the IRS has said that because we have an ITIN application for him currently pending, we can’t submit a second ITIN application. Which means we can’t e-file OR paper file until the 2019 is processed…….or he gets a green card and SSN. 

 

It’s utterly bananas. 

 

 

Edited by Sm4598
Filed: Citizen (apr) Country: England
Timeline
Posted (edited)

I understand now. Try printing your return and providing the 1099(s) as support. You get to explain it all in person to your interviewer. Save your time with the first window who will collect your documents. Most of yours were already collected by NVC so may not ask. That person is clerical and has no say in your case so a long explanation won’t go anywhere.
 

The second window is your interview. London is not particularly demanding when it comes to affidavits of support as long as they have the documents required in immigration law. They never even discussed mine. He just look through the papers submitted to the first window and passed over it. If they don’t accept your 2019 tax return as presented (required) do you have somebody who would do an I -864 As your joint sponsor? Might want to get that in hand to pull out as plan B after you have heard what the interview has to say. Email copies are okay.

Edited by Wuozopo
 
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