London - 221(g) - Additional Financial Docs Requested, Not Sure About Next Steps

[dode93 1]

Hi all,

 

Two weeks ago I had my interview at the US Embassy in London. As far as I was aware everything should have been fairly straightforward. I was called up to the booth for my interview and asked maybe around five questions pretty bluntly, before being told that my joint sponsor (my wife's uncle) did not meet the financial requirement based on the income reported on his W-2.

 

In my mind there was no issue with his income as we know he makes more than enough, so I was caught off guard by the officer saying he only makes $8000 a year. I didn't really come prepared to argue on this point and the US tax system is pretty confusing to me, but after getting home and looking over the forms that we submitted I'm now realising that we did submit a Form 1040 along with the W-2 showing that his total income is nearly $50000, but this seems to have been totally skipped over. There was never any acknowledgement of the Form 1040. Additionally when all of our documents were uploaded to CEAC, they were accepted months before the interview, so if they had an issue with his income why not raise it before I was standing at the interview booth?

 

I was given back my original documents along with a green 221(g) form and told that the application wouldn't be processed any further until we provide evidence that he does make enough money. I have now gotten the corresponding tax transcript for the W-2 and Form 1040 that we already uploaded to CEAC, and written a cover letter to explain that the W-2 doesn't show the full income because most of his income comes from other sources which are covered by the Form 1040.

 

Anyway, it isn't really clear what the way forward it at this point and I have a few questions which I can't really find clear answers on.

 

1) I was under the impression that they would keep my original documents and mail them back to me - does the fact that he handed me them back mean I have to go back to London for another interview later?

2) In the email I received, it says that I need to "send and upload" the requested documents. On the link provided which gives instructions, it only gives information on how to mail the documents, which I have now done, but it doesn't say anything about where to upload them. Am I supposed to upload them somewhere too even though I'm sending them by courier? And if so, where?

 

Overall it is pretty frustrating how vague and sloppy the whole process is. Because they seem to have disregarded the Form 1040 we submitted for whatever reason, I've had to spend additional hours driving half way across the country to my nearest approved courier, along with all the additional money involved - potentially hundreds plus more time taken off work if I have to go back to London for another interview. Surely the least they can do is give some clear instructions on the next steps.

 

Is it possible the consular officer just didn't read the 1040? Or doesn't know that not all income is reported on the W-2? If they felt the 1040 wasn't strong enough evidence then why not mention that? Why ask people to submit it at all if they don't accept those? Sorry for the rant I'm just frustrated with how vague everything is, considering the literal years and thousands of dollars it costs to go through this process.

[Boiler 48,925]

It appears you only submitted evidence of his W2 income

 

Did they keep your passport

[pushbrk 14,481]

Hard to know the exact problem.  When you mention "total income" is that the number actually labeled as "total income" on the 1040 or tax return transcript you also submitted.  If so, then what you have done is probably sufficient.  If all that was initially submitted (exactly all that) then the Officer should have seen the total income stated on the 1040 or transcript.  Please clarify what exact supporting documents were provided with the I-864 and where the income number you are stating here, was found on the tax return.

[dode93 1]

@Boiler We submitted a Form 1040 as well. If the form 1040 wasn't strong enough evidence I wish he'd have just told me that, rather than just saying the sponsor doesn't make enough based on his W-2. It seems like the form 1040 was totally ignored. And no they handed my passport back.

 

@pushbrk Yeah so that number is from line 9 of the Form 1040, which says "total income" and is close to $50,000 after all deductions etc. We originally submitted the W-2, showing around $8000 from his wages, along with the 1040 which details all his other sources of income (real estate, independent contracting etc), showing the full amount.

 

I have sent them the tax transcript with a cover letter explaining that he makes most of his money through real estate and independent contracting, which would not be shown on the W-2. Hopefully they'll accept this.

 

My other concern is that my interview was on tax day in the US, April 15th, and the documents we originally uploaded to CEAC last year were for the 2024 tax year, so I have sent them the corresponding tax transcript for 2024. I am really hoping they don't now ask for all of the 2025 tax documents since it is after April 15th but I guess we will see what happens.

[Crazy Cat 46,522]

6 minutes ago, dode93 said:

I have sent them the tax transcript with a cover letter explaining that he makes most of his money through real estate and independent contracting, which would not be shown on the W-2.

Did you send the entire 1040 package including all schedules such as Schedule C (Profit/Loss)?   I don't think the transcript will be as beneficial as the cover letter explaining the mixture of W-2 employee income and self-employment income.  I think a clear explanation on your cover letter will show they overlooked the self-employment.  Hopefully, your visa will be issued soon.

Edited 55 minutes ago by Crazy Cat

[dode93 1]

@Crazy Cat Yes we included schedule 3 (additional credits and payments), A (deductions), C (profit/loss) and E (detailing the real estate income). I am fairly confident we included everything that we could have regarding the 1040. Based on the fact that the 1040 was never mentioned, I think it seems that the officer overlooked it. I just wish I'd been more prepared to raise these points at the time, but I didn't really foresee it being a problem so didn't try to memorise the ins and outs of it.