Blue about Blue

[Eric Petersen]

they want me to have the IRS send my taxreturns directly to them.. and of corse extract 170 dollars for doing that...

 

they will be the same as what i included in my paper work.. so not sure what change that will do .. they also asked for proff of domiclie, i own a house but naturaly i rent it becasue i have been in CHina for 3 years..... crazy... so I am blue about blue and dont see what showing them my mortage payements or old bills or lettters with my addresss or my mom's adress with my name on it or the same tax record can get ME some pINK??? any ideas from the great members any one else have issues similur advise on what do do next..and how long HELP

[samsong]

Time is of the essence. Get them what they requested from you ASAP. Good Luck!

[warpedbored]

In the sage words of our fearless leader Don, "use a lot of mouthwash to get the taste out of your mouth while kissing their a$$" They hold the cards, give them what they want. It sounds to me like they are questioning your domocile and income.

[Yuanyang]

Time is of the essence. Get them what they requested from you ASAP. Good Luck!

What samsong said.

 

Eric, it's a delay not a denial. That's the good news.

 

Good Luck!

[Guest Wuhan4me]

As well as the proof they are asking for - I strongly suggest you write , handwritten (at this stage) letters about:

 

1. domicile in USA, addressing in particular, how you will kick out your renter once you two return to the usa.

 

2. your exact living situation in china

 

3. your detailed payment history on the mortgage, in tabular or column format, 1 page.

 

If you intend to remain in China another 6 months, and get a white slip on the K-1 - I suggest you file a DCF'd I-130, after you marry her in China. You won't have any 'residency requirements' for a DCF'd I-130 to worry about - you've been there, as you've said - for 3 years already.

 

Your situation is unique - in that you live in China for 3 years, and filed a K-1 (stateside) whilst living in China - so the common metrics, IMO, won't apply to you . You'll have MORE scrutiny than most 'normal' K-1's. Get them ALL of the proof they are asking for. But - remember - for each THING they are asking for, include NOT ONLY THE PROOF, but a detailed letter ON EACH THING.

 

Good luck...

Edited July 2, 2009 by Wuhan4me (see edit history)

[whome?]

As well as the proof they are asking for - I strongly suggest you write , handwritten (at this stage) letters about:

 

1. domicile in USA, addressing in particular, how you will kick out your renter once you two return to the usa.

 

2. your exact living situation in china

 

3. your detailed payment history on the mortgage, in tabular or column format, 1 page.

 

If you intend to remain in China another 6 months, and get a white slip on the K-1 - I suggest you file a DCF'd I-130, after you marry her in China. You won't have any 'residency requirements' for a DCF'd I-130 to worry about - you've been there, as you've said - for 3 years already.

 

Your situation is unique - in that you live in China for 3 years, and filed a K-1 (stateside) whilst living in China - so the common metrics, IMO, won't apply to you . You'll have MORE scrutiny than most 'normal' K-1's. Get them ALL of the proof they are asking for. But - remember - for each THING they are asking for, include NOT ONLY THE PROOF, but a detailed letter ON EACH THING.

 

Good luck...

What they ask for makes no sense to me ... but you have to give it to them. Not sure why his case would have more scruntity than someone who DCF for a CR-1 regarding the domicile/income...for that matter that fact that he was living in China should be a green flag for proof of relationship because he got time to be with her.

[joejoefta]

Can you just send them a tax transcript? When my wife has the interview on Monday 6/29 they reviewed my tax transcript. You can get a copy of it from the IRS.

 

This is from the IRS site: Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.

[waingro]

I'm guessing you just used copies of your returns. That's okay for 2008, but for 2007/2006 you should've got the official tax transcripts which are free.

 

I provided 5 pieces of evidence linking myself to a single address in the US. Domicile was never a question despite the fact that I'm still working in China.

[HKG]

Why are they asking for $170.00?

[nandj]

Eric if it makes you feel any better, here is our BLUE list:

We were requested to supply the following additional evidence:

1. Another letter from me with a VERY detailed letter of evolution of relationship.

2. Detailed description of my trips to China with receipts, photos...

3. A letter from my wife explaining how we communicate.

4. A letter from my wife explaining her current relationship to her ex-husband.

5. Contact information for my wifes ex-husband.

6. More evidence showing a true relationship of my wife to her son.

 

The correct thing is to give them what they asked for. Also I believe you can get free tax transcripts for the last 3-4 years from the IRS. If you want to go back further I believe they charge you $$.

 

As for the time, who knows??? We sent our overcome documents June 18 and are still waiting for a response. I asked them and the response I got was: "If you do not hear from us in 3 months, please feel free to contact us..."

 

Best of luck,

Ning and Jim...

[dnoblett]

OK time to take a breath. A Blue is not a denial, they are questioning support.

 

IRS Transcripts don't cost anything, they can be faxed to you or they should be able to fax them to the consulate. http://www.irs.gov/taxtopics/tc156.html?portlet=1 Transcripts can be ordered over the phone. AGAIN TRANSCRIPTS are FREE, you do NOT need copies of the actual returns.

 

US domicile is required for sponsorship, it is a requirement for I-134 or I-864 (Used when adjusting status). Many ways to show domicile, (Mail sent to a US address, US DL showing that address, rental contract, job in the USA...) Sometimes you need to return to the USA, re-establish domicile and then send evidence of domicile and transcripts to your fiancee to be submitted to the consulate to overcome the blue slip.

 

How is domicile determined?

 

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

 

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
  
• Employment by an American institution of research recognized by the Attorney General
  
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
  
• Employment with a public international organization in which the United States participates by treaty or statute
  
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
  
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

 

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf Edited July 2, 2009 by dnoblett (see edit history)

[Eric Petersen]

THANKS to every one they want

 

tax returns

• submit a complets set of 2008,2007,2006 federal income tax returns, including W-2s, 1099s and all schedules, from the follwing people marked with "X"

X your petitioner

 

 

• please submit an IRS-certified copy of your sponsor's tax returns for the 3 most recent tax years. A person obtains an IRS-certifed copy by submitting IRS Form 4506, and paying the requisite filling fee.

 

 

the 4506t is free they not asking for that.. the ask for 4506 thats 57 dollars each... but again i do not have any w-2's or 1099's I get paid cash..... I am starting to get a bad feeling.... sucks...yea maybe i should have just married then filed.. the f 1 i filed becasue i thouhgt it would be the fastest if my contract here expired I got luck y and kept getting new contracts so i just went with it.. now looks like my contract is going to an end and if i got pink it would have been perfect now looks like ai m getting bent over.. if i dont have a 1099 or any w-2 I wonder what they will think again they got the copies all ready nothing going to change when they see these new ones. ecxcept there IRS buddies get some extra cash...again sucks...

[whome?]

At first what they asked for make no sense to me ... after your last post it makes sense.

 

You provided them 3 years of tax returns with no proof of income. They want the tax returns to be offical stamped (notarized) documents from the IRS to verify that you really have income and paid taxes. They think you just made up the tax returns.

 

In this case you have to give them what they ask and to be honest I can understand what they are requesting. I think what the DOS wants is the tax returns verified by the IRS so that they can know for sure you actually filed taxes not just made the tax returns up falsely.

 

Just my opinion on this but since you lived in China for 3 years and no US salary they are questioning actual ability to support and your residence in US.

 

The DOS takes the "your gulity until proven innocent approach" and probably, to prevent cases of real fraud, they need to think like this. Unfortunately it means innocent people like yourself sometimes have to provide extra documentation.

Edited July 3, 2009 by whome? (see edit history)

[Guest Pommey]

kinda disagree , tax transcripts (not returns) are official come straight from IRS, no notary needed, returns cannont/should not be notarised- what is a notary " a stamp on a signiture" no notary will stamp a return- how can they know its true ? its meaningless

 

my advice is that OP looks carefully at the wording of his blue, not interpete it second hand and respond with what is really being asked for.

 

in this case proof of income/taxes and domicile=Tax transcripts, lease or morgage papers, drivers license, bank accounts etc all with the same address in the USA

[whome?]

kinda disagree , tax transcripts (not returns) are official come straight from IRS, no notary needed, returns cannont/should not be notarised- what is a notary " a stamp on a signiture" no notary will stamp a return- how can they know its true ? its meaningless

 

my advice is that OP looks carefully at the wording of his blue, not interpete it second hand and respond with what is really being asked for.

 

in this case proof of income/taxes and domicile=Tax transcripts, lease or morgage papers, drivers license, bank accounts etc all with the same address in the USA

He wrote that the letter said:

 

• please submit an IRS-certified copy of your sponsor's tax returns for the 3 most recent tax years. A person obtains an IRS-certifed copy by submitting IRS Form 4506, and paying the requisite filling fee.

 

Form 4506-t is for tax transcript and is free. Form 4506 is to get a copy of your actual tax return filed with the IRS. It costs $57/each.

 

They want an offical copy of his tax return from the IRS for whatever reason. Based on what he wrote the letter said it would be pointless to give them the tax transcripts.