RFE I-483

[flustered 14]

Profit or Loss statement for a business. People who own a business or are self-employed must claim their profits as income, and can deduct their expenses as losses. I have a part-time home-based business, and I have to attach a schedule C to my tax return.

If you are using transcripts from the IRS then the data from the schedule C (if it was required with the tax return) will be included on the transcript. If you are using a copy of the tax return then it must include every form and document that would be submitted to the IRS. Some people make the mistake of thinking that "copy of your tax return" means only the 1040 form.

and that was sort of the mistake we made..we even had a co sponser (me ) on the 864 and my salary alone was enough to satisfy the financial requirments..they still denied based on the missing Schedule C...I have sent a motion to reopen..wonder how long that will take..should have just refiled the 485 I am thinking now

[Poline 0]

Right now my husband is calling IRS to order the Tax Transcripts, I hope it doesn't take long

Edit: They said its gonna take around a week...

Edited July 13, 2010 by Poline

[Poline 0]

Bleh, now need to wait my Mother in law order the Tax Transcripts...

[JimVaPhuong 4,863]

and that was sort of the mistake we made..we even had a co sponser (me ) on the 864 and my salary alone was enough to satisfy the financial requirments..they still denied based on the missing Schedule C...I have sent a motion to reopen..wonder how long that will take..should have just refiled the 485 I am thinking now

Wait. I'm confused.

Are you the petitioner, the alien, or the co-sponsor?

What you described is unusual. In fact, it's USCIS policy to issue an RFE when an ineligibility is the result of insufficient or improper documentation or evidence. When they deny without an RFE it's usually because they determined the alien or sponsor was clearly ineligible.

And yes, it would have been much faster to submit a new petition with the proper documents. It would have cost more money, but the alien is granted a temporary period of authorized stay while an AOS petition is being adjudicated. As far as I know, there is no such protection while you're waiting on a motion to reopen. If the alien had no non-immigrant status to fall back on (e.g., a student or work visa that was still valid) then they would be in "voluntary departure" status as soon as the petition was denied, and would be subject to deportation if they stayed too long.

[VanessaTony 3,567]

CALL the IRS or go in to their office. Don't bother with the form because it's not needed.

Here:

"You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9.Follow all instructions for completing and filing Form 4506-T with the IRS."

IRS tax transcripts are free from the IRS, the phone number to request them is: 1-800-829-1040 (select options 2, 2, 3, 2 *as of 1 April 2010*)"

from my AOS thread here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

[menina 50]

Ok guys, thanks a lot for all your help!!

The tax transcripts will include all of the needed schedules, 1099s, etc. It is the easiest way to go. I also recommend the fax option as it is immediate. We requested ours by phone and got them a few days later. But in the case of an RFE fastest is best. I recommend getting the last 3 years of transcripts. It´s free, and that way you are covered. Get them for both you and your co-sponsor. Good luck!

[Poline 0]

The tax transcripts will include all of the needed schedules, 1099s, etc. It is the easiest way to go. I also recommend the fax option as it is immediate. We requested ours by phone and got them a few days later. But in the case of an RFE fastest is best. I recommend getting the last 3 years of transcripts. It´s free, and that way you are covered. Get them for both you and your co-sponsor. Good luck!

We called IRS and ordered over the phone, they said its gonna take a few days so we can the Tax Transcripts. Now we are waiting my Mother in Law call and orders hers as well. And yeah, we ask the transcripts for the past 3 years, just in case.

[Poline 0]

I heard some people saying they send all the Taxes papers ALSO the Tax Transcripts, is that correct? I thought only sending the transcripts are fine...

[engineer21 51]

I heard some people saying they send all the Taxes papers ALSO the Tax Transcripts, is that correct? I thought only sending the transcripts are fine...

One or the other should be just fine. But some people send both to be safe, which is fine too.

[JimVaPhuong 4,863]

I heard some people saying they send all the Taxes papers ALSO the Tax Transcripts, is that correct? I thought only sending the transcripts are fine...

It's unnecessary overkill, and it could even cause more problems than it solves.

IRS transcripts will trump a copy of a tax return any day, and twice on Sundays. They are a printout of the IRS records of the filed return. USCIS doesn't have to take your word that the numbers they're looking at are the same as the numbers which were actually submitted to the IRS. They see it there in black and white, directly from the IRS themselves. When you have a copy of the IRS transcript, a copy of the actual tax return is redundant.

On the other hand, anyone could download blank 1040's and W2's from the IRS website and print virtually anything they want on them. USCIS just has to presume the documents are a true copy of the sponsor's tax return, which is why they require the supporting evidence like W2's and 1099's. They have no authority to demand the IRS provide the actual tax records for comparison. If they did, they wouldn't have to ask you for a copy of your tax return - they'd get it themselves. This is why they don't ask foreign beneficiaries for police reports for time spent in the US - they're Department of Homeland Security - they already have direct access to this information.

Sending both transcripts and copies of the actual tax return can cause problems if there is any discrepancy between the two documents. For instance, if you have filed an amended return then the transcript may not reflect that. You would also potentially be giving USCIS an unnecessary reason to deny your affidavit of support, and thereby deny your petition, if you inadvertently forgot to include a form with the paper tax return. The transcript will show numbers from every form submitted with the return. If any of those forms are missing from the paper return, the IO will be able to see this immediately. This can happen a lot easier than you might think. When popular tax prep programs like TurboTax and TaxCut file your return electronically, they sometimes send information from forms that weren't actually needed with the return simply because the user entered information onto the worksheets, sometimes just by answering some questions to see if they were eligible for a deduction. The logic these programs use in determining what to send electronically may not be the same as the logic they use to determine what to include in a printed return. I saw this myself when I compared my transcripts with my paper records. The tax prep software sent the returns electronically, and also produced the printed paper return for my records, but there were numbers for forms and schedules in my transcript that were not included in my paper records. The information from the additional forms didn't cause any problems with my electronically filed return since they simply proved what I already knew from the worksheet - I wasn't eligible for that particular set of deductions. Since no deduction was carried over to the 1040, it had no net effect on my tax return. However, it DID make my electronically filed return different from my paper return - not in the bottom line taxes owed or refund due, but in the forms which were included.

You can save yourself from a potential RFE by just getting the transcripts and sending those alone.

[Poline 0]

summarizing: it is better to send only the tax transcripts?

yesterday i called USCIS and they told me to send ALL taxes papers and the tax transcripts are not "needed", but he highly recommend to send them.

It would be so easier if they tell us exactly where was the mistake instead of just sending us a general letter asking for everything again... it is funny to see how fast people get the Green Card through a fake marriage =/

[Ann Marie and Leo 9]

for the most recent year.

Just checking that you submitted 2009 tax returns, for both the USC & the sponser

[Nich-Nick 3,354]

summarizing: it is better to send only the tax transcripts?

yesterday i called USCIS and they told me to send ALL taxes papers and the tax transcripts are not "needed", but he highly recommend to send them.

It would be so easier if they tell us exactly where was the mistake instead of just sending us a general letter asking for everything again... it is funny to see how fast people get the Green Card through a fake marriage =/

Tax transcripts are stand alone documents. Nothing else has to be sent with it. They are the best choice because they are basically certified by the IRS since they issue them based on the complete return they accepted from you. 2009 is enough, but since you ordered 3 years, send them all.

Also send mom's transcripts and DON'T FORGET to include something that shows she is a legal US resident. It can be whatever applies:

* Birth certificate showing she was born in the USA. Make sure it's a photocopy of a certified birth certificate, not some hospital certificate.

* Her biographical page from a US passport. (photocopy)

* Her naturalization certificate if that's how she got citizenship (photocopy)

* Her green card if that's how she is legal in the US (photocopy)

[Poline 0]

We are going to send again her Birth Certificate. Should we notarize it? The first time we sent it we took a normal copy of it. Since she doesnt have a passport, I was thinking to send a copy of her SSN, ID, etc.

We already ordered the Tax Transcript for the past 3 years, for both of them, we now need to wait..

[Poline 0]

Another question guys...

I dont remember if we sent USCIS the taxes for the past 3 years, i think it was for the past 2... Can we have problems if we send them the Tax Transcripts for the past 3 years?