AOS - RFE Need help!!!!!!!!!!!!!!!!!!!!!!!!1

[Lonelysoul80 2]

Hi Everyone,

this site has helped us during our K1 process and hopefully will help us here.

Just so that everyone understands am an alien fiance now married to a US citizen before the K1 visaexpired and filed for AOS, My husband is a free lance designer and does not get paid monthly but he takes up jobs and designs merchandize or illustrates books for writers, this year he would be doing his own book.. basically works for the entertainment industry.

We recieved an RFE in mail to asking for two evidences.

1. In Order to process your application further, the petitioner on form I-864, Affidavit of Support must sumbit all federal income tax documentation sumbitted to the IRS for the most recent tax returns.

- We had submitted tax return forms for 2007 and 2008 with the Form I-864, however my husband has not yet filed for the taxes for 2008 but only 2007 and we dont know what the above statement ask for do they need anything other than the tax return documents ? any other forms in particular ?

2. The petitioner's income on the Fedral income tax return does not meet or exceed 125% of the poverty guidline. The petioner lists their current income on I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

- He makes way above the poverty lines and we had mentioned he made 47,000 in 2008 and 53,000 in 2007 and 50,000 in 2006 on the form, he doesnt have payslips for last 6 months as he would get paid all at onces as soon as his project is complete or get an advance.

What should we submit ????

Can someone please guide us and help us get out of this, we have been really stressed out and dont knwo what papers should we collect or submit.

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[Nich-Nick 3,354]

I think if you mentioned those incomes [we had mentioned he made 47,000 in 2008 and 53,000 in 2007 and 50,000 in 2006 on the form] on the I-864 under the statement:

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my

Federal tax returns for the most recent three years was:

Then I think they want to see the tax returns that back up your entries. Did you send tax returns for 2008, 2007, 2006 that showed an adjusted gross of those exact amounts?

There are two boxes you can X

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.(Optional) I have attached photocopies or transcripts of my Federal tax returns for mysecond and third most recent tax years

If you listed 2008 income, then I think they are looking for a 2008 tax return. If you checked the box that says you've included 3 years, then I think they want to see all of those returns.

Edited March 24, 2009 by Nich-Nick

[payxibka 10,045]

it sounds to me as if you did not submit complete returns, including the Form 1040, Schedules (A,B, etc.) and attachments if any ( W-2's or 1099's)

[Otto 83]

From what I gather - they're saying there is no proof/evidence to back up the amount entered as his income.

Presumably he listed his 2008 income on the form - that is what they want proof of. When you say he submitted 2008's return but hasn't filed yet, what does that mean? (Were there no supporting documents attached? such as 1099's etc?) (It is diffucult to dertmine what they want without knowing exactly what was sent.)

p.s.

Most people who are self-employed (or independent contractors) submit 3 years worth of Tax Returns (and supporting documents).

Edited March 24, 2009 by Karin und Otto

[Lonelysoul80 2]

Nich-Nick : We checked the option : "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year" and sent them 2007 and 2008 tax returns[Form 1099].

payxibka : I sent in the 1099's for 2007 and 2008, do you think i should send the 1040's ? since he hasnt filed for 2008, should i just sent 2007 ? or should he file for 2008 taxes this week and send in both ?

Karin und Otto - He can send his pay stub for 2008 which he got from Harper Colins for the book he illustrated for them ? should this resolve the RFE.

So basically what is asked her would be 1040's and 1099's for 2007 and 2008 and a pay stub from recent employment ?

Would this be enough, should we send the I-864 again or only the proof mentioned above ?

[payxibka 10,045]

Nich-Nick : We checked the option : "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year" and sent them 2007 and 2008 tax returns[Form 1099].

payxibka : I sent in the 1099's for 2007 and 2008, do you think i should send the 1040's ? since he hasnt filed for 2008, should i just sent 2007 ? or should he file for 2008 taxes this week and send in both ?

Karin und Otto - He can send his pay stub for 2008 which he got from Harper Colins for the book he illustrated for them ? should this resolve the RFE.

So basically what is asked her would be 1040's and 1099's for 2007 and 2008 and a pay stub from recent employment ?

Would this be enough, should we send the I-864 again or only the proof mentioned above ?

I would prepare the taxe forms and send them in... actual filing is not required until on or before April 15th so that is less of a concern

[Nich-Nick 3,354]

I sent in the 1099's for 2007 and 2008, do you think i should send the 1040's ?

BINGO! There's your problem. A complete tax return (which they ask for) must include the Form 1040 along with W2s or 1099s that go with it, and any Schedules A, B, C, D, etc. that are sent in with the 1040. A complete tax return could be as simple as 2 pages or 10+ pages depending on your sources of income. Bits and pieces of a tax return aren't good enough and that's why the RFE.

You need to go back to the Form I-864 and read the instructions again on page 8 under

25. Federal Income Tax Information.

Read the whole first column and continue to the second column. It explains what needs to be submitted and talks about those who are self employed which it sounds like he is. It also tells you that if you get tax transcripts from the IRS, then those take the place of all the bits and pieces.

[Lonelysoul80 2]

thanks for the reply.

We mailed out a letter, 1099, 1040 + Schedule C + 2 most recent pay stubs from harper collins.

Should this be good, i hope so as we cant find any reason why we would be denied