Help needed with RFE

[bbutterfly 12]

I got a RFE today and trying to reply as soon as possible and accurately.

The box checked says

" Submit all supporting documentation( W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year"

I have to say, I was expecting something like this because we sent only my husband tax return, forgetting to attach the W2s etc..

Here is my question: although they are asking for the supporting documents, will it be ok to just send the his tax transcript for 2009? Or should we send the W2s and 1099s since we have already started with the tax returns instead of the transcripts? I am asking because I sent in my tax transcripts and did not get any RFE

Will it be confusing to start one way ( tax return) and finish the other way? (tax transcripts)? I hope my question is clear enough.

Also, the "most recent year" that we submitted was 2009, but we are already in 2011. Are we still functioning under 2009 as the most recent year or should we wait to file the 2010 and submit that as the most recent year. Although the letter says I have 87 days to comply, and that we will probably file our taxes by the end of he 87 days, I rather not wait. So if it is ok to still deal with the 2009 as most recent I rather do that.

Thanks for your help

[zooch76 9]

I'm not entirely sure about your supporting docs, but I would think the W2s and 1099s are required. Anyone can fill out a tax form with whatever numbers they want, but the W2s and 1099s add some legitimacy to the numbers on your tax forms. You probably got the RFE because they want to be sure that your spouse can support you, therefor your taxes/income aren't really a concern to the USCIS.

As for the most recent year of tax info, 2009 should be fine. We aren't even close to the 2010 tax filing deadline (which is April 18 this year, FYI) so I don't think they would expect you to have filed since you haven't hit the deadline. Our interview is in February so we won't have a joint tax return by then as it is two months before taxes are due - I don't see how they can fault you. If it was me, I'd send all the 2009 stuff now and then have your 2010 tax return and supporting documents available for your interview. Why wait an additional 87 days - is this process not long enough for you?

[bbutterfly 12]

I'm not entirely sure about your supporting docs, but I would think the W2s and 1099s are required. Anyone can fill out a tax form with whatever numbers they want, but the W2s and 1099s add some legitimacy to the numbers on your tax forms. You probably got the RFE because they want to be sure that your spouse can support you, therefor your taxes/income aren't really a concern to the USCIS.

As for the most recent year of tax info, 2009 should be fine. We aren't even close to the 2010 tax filing deadline (which is April 18 this year, FYI) so I don't think they would expect you to have filed since you haven't hit the deadline. Our interview is in February so we won't have a joint tax return by then as it is two months before taxes are due - I don't see how they can fault you. If it was me, I'd send all the 2009 stuff now and then have your 2010 tax return and supporting documents available for your interview. Why wait an additional 87 days - is this process not long enough for you?

Thank you for your prompt reply, I get the reason why they require me supporting docs, like I said I was expecting it as it was a mistake on our part. I am wondering though, since the "tax transcript" is all inclusive ( and frankly easier to obtain than going back and dig for all the supporting docs, as I got mine in less than 15 min at the local IRS office), will it be ok to just do that? or I am required to send the supporting docs now, since I have started that way...

And yes the process is long enough to want to extend it! So I am not waiting one more minute than I have to

[Sayha or bust. 71]

I was told transcripts are sufficient, I used them for my I-134 affidavit of support.

[CQ & CS 2]

I just sent 2009 tax transcript and that should be sufficient. I forgot to send proof of current income so I got RFE today too but that's my fault.

[xxtinaxx 14]

I sent W2s, form 1040 for the 3 most recent years plus letter from current employer and paystubs. I'm kinda confused about the difference between form 1099 and 1040 because my husband and co-sponsor didn't have that 1099 form but 1040. Thats why I sent 1040 form instead. So can anyone please tell me what difference is between them? Are my documents are enough? I really hope I wont have to receive RFE about tax return stuff.

[bbutterfly 12]

thanks for all the replies!

Honestly I am still trying to figure out if I have the choice here between the two options!

I sent W2s, form 1040 for the 3 most recent years plus letter from current employer and paystubs. I'm kinda confused about the difference between form 1099 and 1040 because my husband and co-sponsor didn't have that 1099 form but 1040. Thats why I sent 1040 form instead. So can anyone please tell me what difference is between them? Are my documents are enough? I really hope I wont have to receive RFE about tax return stuff.

It is because of all that confusion, that I am beating myself up for not going the transcript route in the first place, since all you have to do is just request it at your local IRS!!!

[Harpa Timsah 13,258]

OP: Sending transcripts will be fine. If you are worried, explain in a letter you are submitting transcripts to satisfy RFE because transcripts include the required missing information.

Tina: Not everyone has a 1099. It is a statement of wages given for something like "independent contracting work." The 1040 is the tax form itself. What everyone needs to send is a "complete tax return" which includes all the attachments and the tax form itself. Exactly what attachments are in your tax return vary from person to person.

Good luck!

[bbutterfly 12]

OP: Sending transcripts will be fine. If you are worried, explain in a letter you are submitting transcripts to satisfy RFE because transcripts include the required missing information.

Tina: Not everyone has a 1099. It is a statement of wages given for something like "independent contracting work." The 1040 is the tax form itself. What everyone needs to send is a "complete tax return" which includes all the attachments and the tax form itself. Exactly what attachments are in your tax return vary from person to person.

Good luck!

Thank you, the letter sounds like a very good idea. I guess given the fact that I basically just have one chance to get it right, from what I read here, I tend to be extra cautious

[xxtinaxx 14]

OP: Sending transcripts will be fine. If you are worried, explain in a letter you are submitting transcripts to satisfy RFE because transcripts include the required missing information.

Tina: Not everyone has a 1099. It is a statement of wages given for something like "independent contracting work." The 1040 is the tax form itself. What everyone needs to send is a "complete tax return" which includes all the attachments and the tax form itself. Exactly what attachments are in your tax return vary from person to person.

Good luck!

Thanks Harpa. Your info is always helpful

[buttercup212 1]

I basically had the same RFE, if you have the W2's then why don't you just send them? Getting a transcript from the IRS takes at least a week when you could just respond to the RFE ASAP and move on.

[bbutterfly 12]

I basically had the same RFE, if you have the W2's then why don't you just send them? Getting a transcript from the IRS takes at least a week when you could just respond to the RFE ASAP and move on.

Thanks for your input. My husband's supporting are much more than W2, and it will take him a few days to get them together. Whereas it took me 10 min at the IRS office that is just 20 min away from our house, to get my tax transcripts. That's the reason I was leaning toward the tax transcripts.