Taxes and Trilbulations

[darianstarfire]

Hi all,

 

Much to my greatest dismay, I am currently having a problem with the I-864. I did okay, but the problem is my joint-sponsor, my mom's 2004 tax return.

 

She accidently claimed a form frlom 2003 on accident and while this does not reduce the minimum amount needed, it can call into question whether what my parents did is true or not. The important W-2's for 2004 are fine, but what my mom submitted for 2004 is off because of a filing error. The error is simple and explained easily. Alas, this may be enough to kill the case, even though we have more than enough evidence to show the contrary. I actually make enough money to support my wife myself, but I have no history and thus am dependent on my co-sponsor to help. I believe in my heart that all should be fine, but I don't want to take any chance. My mom suggested that we find someone else, though this is frustrating because my parents are fine, except for this one error that doesn't even reduce the amount needed to sponsor 3 people, let alone 4. The history is fine, everything is fine, except that clerical error.

 

I am not sure how to approach this, I would not forgive myself if she failed because of this and my parents would forever blame themselves, and I don't want that. In truth, the numbers are more than sufficient, but it isn't perfect, and GUZ is simply too irrational to trust.

 

The interview is the 21st of this month and time is certainly not on my side. I know all will be alright, but this is certainly not helping my stress level. Please pray for our situation. I am terribly afraid of things going wrong and neither of us need this kind of stress.

 

Thanks all

Dan

[frank1538]

The return that your mom filed is what it is, and there's nothing that you should have to do. If your mom wants to file an amended return before your interview, I'd attach that as well. But remember, the returns furnished in conjunction with I-864 are used to document "gross income" amounts. http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm. I'm not sure what mistake mom made, but if mom's mistake related to a deduction, I wouldn't be concerned. If it related to an item of income, I go back to the first thing I said. It is what it is.

[yuehan123]

Are the K-1 vs K-3 processes so different? Yes, I submitted an I-134 and supporting documents with the original application. The original I-134 was accepted since I am on the way to an interview. At the interview they will ask for the I-134 again and they want to see it is dated shortly before the interview. Hence, I can "re-submit" all the I-134 documents because, significantly, the tax years since filing have changed.

 

Is this not a similar process for you?

[CR1togo]

Are the K-1 vs K-3 processes so different?  Yes, I submitted an I-134 and supporting documents with the original application.  The original I-134 was accepted since I am on the way to an interview.  At the interview they will ask for the I-134 again and they want to see it is dated shortly before the interview.  Hence,  I can "re-submit"  all the I-134 documents because, significantly, the tax years since filing have changed.

 

Is this not a similar process for you?

Initial K-3 application did not require the I-134- not needed until interview. acw

[yuehan123]

Initial K-3 application did not require the I-134- not needed until interview. acw

so, you can present whatever you want, including last minute amendments.

[david_dawei]

Initial K-3 application did not require the I-134- not needed until interview. acw

so, you can present whatever you want, including last minute amendments.

If it is a part of your tax return, you can submit it.. Athough I believe the Tax transcripts (that are acceptable) are only showing a summarized view of the return... that with a copy of the W-2 is enough. SO, for I-134, not sure what amendments are going to do for you, unless as Frank suggests it affects your 'gross'...

 

 

Supporting evidence should consist of:

 

A. Statement from an officer of the bank or other financial

institution where you have deposits, giving the

following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery,

showing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last 3 years income tax return filed; or

2. Report of commercial rating concern.

D. Employees need one year of tax returns

E. List containing serial numbers and denominations of

bonds and name of record owner(s).

[CR1togo]

Are the K-1 vs K-3 processes so different?  Yes, I submitted an I-134 and supporting documents with the original application.

Again, the I-134 you sent with your ORIGINAL application was NOT a requirement of the either the K-1 or K-3 process. acw

[BuffaloPaul]

A copy of an amended return is just as valid as the original return.

[yuehan123]

A copy of an amended return is just as valid as the original return.

Thanks buffalo, that's what I was trying to say.

Oh, nevermind.

[lizziedannypie]

Thank you all. I am Dan's wife. I just told him all the replies. Since he is still working. He wants to say thank you to all of you and he will post his plan later.

Thank you again.

 

Dan and Lizzie

[darianstarfire]

Initial K-3 application did not require the I-134- not needed until interview. acw

so, you can present whatever you want, including last minute amendments.

If it is a part of your tax return, you can submit it.. Athough I believe the Tax transcripts (that are acceptable) are only showing a summarized view of the return... that with a copy of the W-2 is enough. SO, for I-134, not sure what amendments are going to do for you, unless as Frank suggests it affects your 'gross'...

 

 

Supporting evidence should consist of:

 

A. Statement from an officer of the bank or other financial

institution where you have deposits, giving the

following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery,

showing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last 3 years income tax return filed; or

2. Report of commercial rating concern.

D. Employees need one year of tax returns

E. List containing serial numbers and denominations of

bonds and name of record owner(s).

At work I certain was...

 

David and Frank, I am quote David's quote and I agree that all of this is necessary. I am not sure if the bank statement is necessary if you make enough money, but the "sink" method is always useful.

 

The problem is in overall income. My parents informed me that there is no way for them to be able to resolve the IRS problem in less than a week, plus even by DHL, getting anything to Lizzy takes at least 5 days. If I change anything then it means a plane trip. Lizzy is going to Guangzhou soon because of the medical appointment necessity.

 

Keep in mind this is the I-864 which apparently is something a person would file in the US as a K-1. This is an important legal document that binds my parents to whatever Lizzy does to incure debt towards the government. Between my parents and I, we have the capacity to show a potential for near $40,000 for support.

 

Doesn't matter in the end.

 

See, I'll break it down. My mom claimed around $15,500 from one job, can prove it. Can prove another $9,200 from pensions, can prove it. But she made the mistake of filing something for $4500 (not a deduction but part of income), cannot technically prove that. Basically, it is a form for retirement which she received for the 2003 tax form, not the 2004 tax form. She claimed this amount in two concurrent years.

 

I'd be happy for my parents to amend it, if I believed that the VO would not check up with the IRS and do a doublecheck. Then the VO may wonder why there is $4500 less dollars. This may make them wonder if my mother made mistakes in other areas.

 

Now, the amount still adds up to being more than the necessary amount for 4 years in a row, plus add the fact that I currently have a job. I mean none of this may be good enough I know.

 

The question is this: I asked my mother to get the transcipts from the IRS. This will match up with what the IRS has and that should be enough, no matter what the VO thinks. Still, I don't, I'd like to believe we could just write a letter and explain things, but I hate giving the VO an inch.

 

I hope this explains a little more, simply a matter of wonder if I should we should submit the current form with what the IRS already has and still have that $4500 on both years. Truthfully, the VO wouldn't know if there was a special circumstance for doing that.

 

I still don't like this though, I really don't want it to come down to this. I wish we could write a letter and explain. It irritates me that there are many girls/guys who defraud through this process and make it difficult for us normal guys.

 

It comes down to whether we should try the amendment or try as normal. The money isn't the problem, it is the idea of one mistake that taints it.

 

Appreciate, as always, all your help

 

oh and lizzie love you for saying something

Dan

[david_dawei]

Tell Lizzy that we all said hi.. she is part of the family !!

 

The bank statement is definitely required.. don't skip it... if your asked and don't have it, then you risk the wrong color slip.

 

I'm going to stay simple and to the point:

1) Get the tax transcript as you say

2) Don't worry about explaining anything

3) The VO is NOT going to check on it... there is no time...

 

If there is something at some point in the future to be corrected on the taxes , then take care of it at that point.. for now, be consistent with your current state of income, taxes,etc.

[darianstarfire]

Tell Lizzy that we all said hi.. she is part of the family !!

 

The bank statement is definitely required.. don't skip it...   if your asked and don't have it, then you risk the wrong color slip.

 

I'm going to stay simple and to the point:

1) Get the tax transcript as you say

2) Don't worry about explaining anything

3) The VO is NOT going to check on it... there is no time...

 

If there is something at some point in the future to be corrected on the taxes , then take care of it at that point.. for now,  be consistent with your current state of income, taxes,etc.

For the bank account, when it was opened

amount deposited for past year

and present balance

 

I sent lizzy a stamped on bank paper showing the last three months deposits and all...

 

guess I'll be going to the bank to get that filled out, and have it scanned and sent to Laopo (lizzy) and ask parents to do that too.

 

David you are certainly a blessing, thank you for your help. I will heed this advice and go ahead with what we have now and pray.

 

Dan and Lizzy

[david_dawei]

Tell Lizzy that we all said hi.. she is part of the family !!

 

The bank statement is definitely required.. don't skip it...   if your asked and don't have it, then you risk the wrong color slip.

 

I'm going to stay simple and to the point:

1) Get the tax transcript as you say

2) Don't worry about explaining anything

3) The VO is NOT going to check on it... there is no time...

 

If there is something at some point in the future to be corrected on the taxes , then take care of it at that point.. for now,  be consistent with your current state of income, taxes,etc.

For the bank account, when it was opened

amount deposited for past year

and present balance

 

I sent lizzy a stamped on bank paper showing the last three months deposits and all...

 

guess I'll be going to the bank to get that filled out, and have it scanned and sent to Laopo (lizzy) and ask parents to do that too.

 

David you are certainly a blessing, thank you for your help. I will heed this advice and go ahead with what we have now and pray.

 

Dan and Lizzy

if the choice is prayer or holding your breath, I guess you'd better pray.. we don't need a report of your SO trying to revive you from passing out prior to the good news of the pink slip !!!