RFE, need some help

[Joanna&Bobby 3]

So I received my RFE. It has to do with the sponsor. I am trying to figure out what they really are asking for. My husband (the sponsor) is SELF EMPLOYED and has filed tax extension for this last tax year so we have submitted evidence of him filing the tax extension. Now, the letter from USCIS says:

The petitioner/sponsor on Form I-864, Affidavit of Support, indicaes they are self-employed. In order to process your application further, submit one of the following

-IRS- issued transcripts of your Federal income tax return for the most recent tax year

OR

-All Federal income tax schedules filed with the IRS

We can not submit the most recent tax return because he hasn't filed that yet (the extension) so we have the second option. What do they mean by "ALL FEDERAL INCOME TAX SCHEDULES" do they mean all since he was 16?????????????????????????????? All is a very laaaaaaaaaaarge number of years we would have to go back to...........

Please advise!

[Yiyi and Chris 0]

FEDERAL INCOME TAX SCHEDULES for self employed is something yearly.... My husband is self employed too when you are filling your tax return or before when you get your extension you get your scheddule for that year... it's plural but it's only for this last year

[Joanna&Bobby 3]

FEDERAL INCOME TAX SCHEDULES for self employed is something yearly.... My husband is self employed too when you are filling your tax return or before when you get your extension you get your scheddule for that year... it's plural but it's only for this last year

OK so they want what we have already sent ha? Of course that was included in the package... So they want me to repeat that...

[Joanna&Bobby 3]

Hope to get some more answers from you guys... I need to be sure I know what to send in...

[Urge To Race 2]

When they say schedules, they mean all of the schedules for the most recent tax year (2007) that was filed with IRS form 1040, the tax return. Especially Schedule C (profit and loss from business) if that is how he declared and reported his income. Also, schedules D (capital gains), schedule E (supplemental income), schedule B ( interest and dividend income), and any other schedules you have.

Your problem really is that he hasn't filed a tax return for this year (and thus the accompanying schedules either). They want that most recent year. I don't think that they accept that he filed for an extension to let him off the hook for not providing income tax information for this year. If he was not required to file because he met the requirements for not having to file, that would be different. They want evidence that he can support you. 2007 Tax return goes a long way toward doing that. It is required (as per the I864 instructions) to include the most recent tax return with all schedules or an IRS transcripts for the most recent year. An extension does not fulfill the requirement.

So I received my RFE. It has to do with the sponsor. I am trying to figure out what they really are asking for. My husband (the sponsor) is SELF EMPLOYED and has filed tax extension for this last tax year so we have submitted evidence of him filing the tax extension. Now, the letter from USCIS says:

The petitioner/sponsor on Form I-864, Affidavit of Support, indicaes they are self-employed. In order to process your application further, submit one of the following

-IRS- issued transcripts of your Federal income tax return for the most recent tax year

OR

-All Federal income tax schedules filed with the IRS

We can not submit the most recent tax return because he hasn't filed that yet (the extension) so we have the second option. What do they mean by "ALL FEDERAL INCOME TAX SCHEDULES" do they mean all since he was 16?????????????????????????????? All is a very laaaaaaaaaaarge number of years we would have to go back to...........

Please advise!

[Joanna&Bobby 3]

Well read this (the first response) http://www.visajourney.com/forums/index.php?showtopic=140691

The sponsor filed tax extension and that evidence was enough

[likes2ride 0]

When they say schedules, they mean all of the schedules for the most recent tax year (2007) that was filed with IRS form 1040, the tax return. Especially Schedule C (profit and loss from business) if that is how he declared and reported his income. Also, schedules D (capital gains), schedule E (supplemental income), schedule B ( interest and dividend income), and any other schedules you have.

Your problem really is that he hasn't filed a tax return for this year (and thus the accompanying schedules either). They want that most recent year. I don't think that they accept that he filed for an extension to let him off the hook for not providing income tax information for this year. If he was not required to file because he met the requirements for not having to file, that would be different. They want evidence that he can support you. 2007 Tax return goes a long way toward doing that. It is required (as per the I864 instructions) to include the most recent tax return with all schedules or an IRS transcripts for the most recent year. An extension does not fulfill the requirement.

So I received my RFE. It has to do with the sponsor. I am trying to figure out what they really are asking for. My husband (the sponsor) is SELF EMPLOYED and has filed tax extension for this last tax year so we have submitted evidence of him filing the tax extension. Now, the letter from USCIS says:

The petitioner/sponsor on Form I-864, Affidavit of Support, indicaes they are self-employed. In order to process your application further, submit one of the following

-IRS- issued transcripts of your Federal income tax return for the most recent tax year

OR

-All Federal income tax schedules filed with the IRS

We can not submit the most recent tax return because he hasn't filed that yet (the extension) so we have the second option. What do they mean by "ALL FEDERAL INCOME TAX SCHEDULES" do they mean all since he was 16?????????????????????????????? All is a very laaaaaaaaaaarge number of years we would have to go back to...........

Please advise!

That was a very thorough reply to the tax question. Unfortunately, the guidelines are not applied evenhandedly by USCIS as they review our petitions and the supporting documentation. What works for some on this site does not work for others because of this. You could attempt to rebute the RFE with another explanation and verification of the extension, but the most expeditious way to rectify your situation would be to file the tax return.

Best of luck!

[Joanna&Bobby 3]

So U are telling me they are going to make him file taxes even though the extension is a legal way of putting it off... That doesn't make sense-like a lot of other things by the lovely uscis. ?????????????????????????????????

[Joanna&Bobby 3]

OK. So on their website here: http://www.uscis.gov/propub/ProPubVAP.jsp?...f85680eca9562d3 they say this about tax extension:

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing fo r the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

We have proof of his extension (sent it already, but may resend) Anybody????????

Edited August 7, 2008 by Joanna&Bobby

[likes2ride 0]

So U are telling me they are going to make him file taxes even though the extension is a legal way of putting it off... That doesn't make sense-like a lot of other things by the lovely uscis. ?????????????????????????????????

You can "put-off" paying your taxes, but it is doubtful that you can put-off satisfying the USCIS requirements without more grief. Without getting too personal, the Govt wants to know if this guy has the means to support you. Did he submit the previous two (2) years returns? What did they look like? Were there extensions and did he owe big $$$? That is the stuff they look for. Redflags. We are headed toward Sept. Tax returns are due on April 15. In a few months, he will have to gather info for 2008 taxes. What will they look like?

I am not trying to be harsh - just realistic. If he has tax and $$$ problems, you two need to start thinking about Plan B to get the Affidavit of Support approved. Evidently he filed the Affidavit for the K-1 and it went through. Were there problems and, if so, how did you handle those?

Get some rest and start fresh in the morning. Believe me, I know this ####### can weigh heavily on a person.

[Joanna&Bobby 3]

So U are telling me they are going to make him file taxes even though the extension is a legal way of putting it off... That doesn't make sense-like a lot of other things by the lovely uscis. ?????????????????????????????????

You can "put-off" paying your taxes, but it is doubtful that you can put-off satisfying the USCIS requirements without more grief. Without getting too personal, the Govt wants to know if this guy has the means to support you. Did he submit the previous two (2) years returns? What did they look like? Were there extensions and did he owe big $$$? That is the stuff they look for. Redflags. We are headed toward Sept. Tax returns are due on April 15. In a few months, he will have to gather info for 2008 taxes. What will they look like?

I am not trying to be harsh - just realistic. If he has tax and $$$ problems, you two need to start thinking about Plan B to get the Affidavit of Support approved. Evidently he filed the Affidavit for the K-1 and it went through. Were there problems and, if so, how did you handle those?

Get some rest and start fresh in the morning. Believe me, I know this ####### can weigh heavily on a person.

There were no problems at all when filing for K-1. He proved income waaaaaay above their requirements... With the AOS he submitted the 2 previous tax returns and the proof for filing extension. This stuff is giving me a headache...since I have never had to file any US taxes and have very little understanding of what those forms look like I don't know how to help myself right now... I am also not sure if I can trust him in reading the instructions properly since he never has time for anything... It's just something that he was born with...I love him very much but don't trust that he will do this correctly without my help... Just happen to know him this way...

I feel helpless

[Urge To Race 2]

Sure, it is possible that they misplaced or overlooked the proof of extension and resending it will do.

As likes2ride said, different adjudicators and immigration officers do things differently. Also there are different situations. For a person who has a regular job, submits 2 previous years tax returns and an employment letter (and maybe some recent paystubs) from the same employer they had in those previous tax returns may well get by with a 4868 for the current tax year. The USCIS can reasonably believe that the current income stream will continue. For someone who is self employed, you don't have an employment letter,etc. Self employment income can vary widely depending on what he does. Business may have been bad last year, they don't know. It is less reasonable to believe that the past income stream is to continue. A 4868 leaves them wondering.

Besides, its only 2 months and 8 days before the automatic extension runs out. He has got to file anyway. When was he planning on getting those papers together?

So U are telling me they are going to make him file taxes even though the extension is a legal way of putting it off... That doesn't make sense-like a lot of other things by the lovely uscis. ?????????????????????????????????

[likes2ride 0]

Sure, it is possible that they misplaced or overlooked the proof of extension and resending it will do.

"As likes2ride said, different adjudicators and immigration officers do things differently. " Also there are different situations. For a person who has a regular job, submits 2 previous years tax returns and an employment letter (and maybe some recent paystubs) from the same employer they had in those previous tax returns may well get by with a 4868 for the current tax year. The USCIS can reasonably believe that the current income stream will continue. For someone who is self employed, you don't have an employment letter,etc. Self employment income can vary widely depending on what he does. Business may have been bad last year, they don't know. It is less reasonable to believe that the past income stream is to continue. A 4868 leaves them wondering.

Besides, its only 2 months and 8 days before the automatic extension runs out. He has got to file anyway. When was he planning on getting those papers together?

So U are telling me they are going to make him file taxes even though the extension is a legal way of putting it off... That doesn't make sense-like a lot of other things by the lovely uscis. ?????????????????????????????????

Another good reply by Urge to Race. Just a little footnote to the above regarding the differences in the way things are done here. I spoke with my friend in Florida last night. He has a Russian wife, same as me. My wife got her Social Security Card 4-6 weeks after she arrived in the States and we applied for it. My friend was told yesterday that his wife would not receive hers until after her AOS is approved. Our circumstances and timelines are almost identical with the exception of the states we live in, but they are applying the guidelines differently or as they see fit.

Here is another thing that you have to be mindful of when dealing with all of this documentation. The IRS, USCIS, Homeland Security, and the Social Security Adminstration are all different entities of Big Brother, so do not expect anything less than redtape and ambiguity.

Again, without getting too personal, your husband needs to devote time to getting this situation squared-away. It will only get worse as time goes by. You should not bear the responsibility of sorting this out. He is the U.S. Citizen and should know by now how the game is played here.

Best of luck!

[sweetpiano 0]

You are getting very good advice here from Urge To Race and likes2ride. I entirely concur with their advice that your husband file those 2007 taxes asap and send a copy in response to the RFE. As long as no material changes happen, he can always amend his tax return at a later stage.

[likes2ride 0]

You are getting very good advice here from Urge To Race and likes2ride. I entirely concur with their advice that your husband file those 2007 taxes asap and send a copy in response to the RFE. As long as no material changes happen, he can always amend his tax return at a later stage.

He has three (3) years to amend the tax return and if he owes $$$, he can set-up a payment plan. At least the return is filed and it can be submitted as the Govt has requested. The only negative effect this may have is if there is a BIG problem with income and tax liability, but that, again, is something your husband has to deal with.