RFE: I-864

[Gingerpants 8]

Okay so we received our RFE on the I-485 the other day and I am pretty confused about the first bit. We were expecting it to be about the medical but it actually ended up being about the evidence for the I-864 and I-864a.

The part I am confused on states:

The household member on the petitioner/sponsor's Form I-864 , Affidavit of Support, must submit the Federal Income Tax Return submitted the the Internal Revenue Service (IRS) for the most recent tax year.

If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it.

When we submitted the AOS packet I (my husbands sponsor) clearly stated in a supplemental document that was attached to my I-864 evidence, that I had been living abroad in Ireland with my now-husband from May 2009 to March 2011. And I clearly stated that I did not worked for the entire time that I was there, therefore I did not need (and thus did not) to file tax returns for 2009 or 2010. (From January 2009 until May 2009 I did not make enough to warrant filing either).

So what exactly am I supposed to be submitting to them here?

[aleful 1,905]

Okay so we received our RFE on the I-485 the other day and I am pretty confused about the first bit. We were expecting it to be about the medical but it actually ended up being about the evidence for the I-864 and I-864a.

The part I am confused on states:

The household member on the petitioner/sponsor's Form I-864 , Affidavit of Support, must submit the Federal Income Tax Return submitted the the Internal Revenue Service (IRS) for the most recent tax year.

If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it.

When we submitted the AOS packet I (my husbands sponsor) clearly stated in a supplemental document that was attached to my I-864 evidence, that I had been living abroad in Ireland with my now-husband from May 2009 to March 2011. And I clearly stated that I did not worked for the entire time that I was there, therefore I did not need (and thus did not) to file tax returns for 2009 or 2010. (From January 2009 until May 2009 I did not make enough to warrant filing either).

So what exactly am I supposed to be submitting to them here?

who is your co-sponsor?

you are petitioning your husband, right? so you submitted the i864. and if you submitted an i864 who was your co-sponsor.

did the person submit their taxes?

are you sure you needed the i864A and not another i864 for a joint sponsor?

tell us about the other person who is part of your affidavit of support.

[Gingerpants 8]

Our co-sponsor is my father and we are currently living with him and my mom so it was advised to me on VJ to have him fill out the I-864a. So for his we included his tax returns, pay stubs, and bank statements. The second bit of the RFE asks for him to also submit W-2's, 1099s, and all supporting tax schedules. I don't think we should have any trouble with that bit, I just screwed up and didn't know they needed them.

[Gingerpants 8]

[KayDeeCee 4,896]

I would return an explanation about why you did not file taxes that year. Make sure to state the IRS tax law(s) that backup your explanation of why you did not file.

[Gingerpants 8]

I would return an explanation about why you did not file taxes that year. Make sure to state the IRS tax law(s) that backup your explanation of why you did not file.

Yeah but I am worried that since that's what I did the first time through (and still got a RFE) that's not going to be good enough for them. And I tried calling all three numbers on the RFE letter to get some answers from them directly but I couldn't get through to a live person. Grrr! This is all so annoying! I thought the K1 route was supposed to make the AOS paperwork easier.

[Gingerpants 8]

Also I just read on another person's post that they got RFE'd for not providing proof that their co-sponsor was a USC. So should we include my dad's birth cert even though it wasn't requested?

Edited May 24, 2011 by Gingerpants

[KayDeeCee 4,896]

Well, you cannot get tax transcripts that do not exist. If you were not legally obligated to file taxes those years, then make a new statement to explain. Be sure to state the IRS pubs, maybe even add in quotes to backup why you legally did not need to file.

You can go ahead and provide his USC proof too, I would think. Just list everything you are sending on a cover letter.

[ECWilloughbys 7]

Also I just read on another person's post that they got RFE'd for not providing proof that their co-sponsor was a USC. So should we include my dad's birth cert even though it wasn't requested?

Yep, this happened to us. I thought it was strange they didn't require it when it was required for the I-134. I say go ahead and send it if you have it.

[Gingerpants 8]

Okay thanks guys! Hopefully they'll be happy with that.

[JimVaPhuong 4,863]

Read the RFE carefully:

The

household member

on the petitioner/sponsor's Form I-864...

Your father submitted an I-864A, so HE is the household member they're talking about.

It sounds like you didn't submit a complete copy of his tax return if you didn't also submit all of the schedules, W2's, 1099's, etc. A complete copy of a tax return means every document, just as it would have been submitted to the IRS. It's far easier to get an IRS tax return transcript, and avoid having to send all of those other documents.

You should have also provided proof that your father is a US citizen or LPR.

[Gingerpants 8]

Read the RFE carefully:

The

household member

on the petitioner/sponsor's Form I-864...

Your father submitted an I-864A, so HE is the household member they're talking about.

It sounds like you didn't submit a complete copy of his tax return if you didn't also submit all of the schedules, W2's, 1099's, etc. A complete copy of a tax return means every document, just as it would have been submitted to the IRS. It's far easier to get an IRS tax return transcript, and avoid having to send all of those other documents.

You should have also provided proof that your father is a US citizen or LPR.

Ahh yes I see now, that would make sense. The tax returns I sent for him were each two pages long, so there should be longer versions of them then and those would include the W2's, schedules, and 1099s? Is that correct?

[JimVaPhuong 4,863]

Ahh yes I see now, that would make sense. The tax returns I sent for him were each two pages long, so there should be longer versions of them then and those would include the W2's, schedules, and 1099s? Is that correct?

Did you send only the 1040 form? Yes, there would almost certainly be more to his complete tax return. As I said, it must contain every form and supporting document that you would include if you were actually sending the tax return to the IRS. You would almost never send only a 1040 form to the IRS.

Again, have him get tax return transcripts from the IRS. One phone call, and it's free. It takes less than two weeks by mail, but they'll FAX them to you the same day if you're in a hurry. If you send transcripts then that's all you need to send - no other forms or supporting documents are required. USCIS actually prefers transcripts because they prove that a tax return was actually filed, and they show each and every number entered by the IRS into their computers from every form. USCIS considers them to be more reliable and accurate than a copy of a tax return.

[Gingerpants 8]

Did you send only the 1040 form? Yes, there would almost certainly be more to his complete tax return. As I said, it must contain every form and supporting document that you would include if you were actually sending the tax return to the IRS. You would almost never send only a 1040 form to the IRS.

Again, have him get tax return transcripts from the IRS. One phone call, and it's free. It takes less than two weeks by mail, but they'll FAX them to you the same day if you're in a hurry. If you send transcripts then that's all you need to send - no other forms or supporting documents are required. USCIS actually prefers transcripts because they prove that a tax return was actually filed, and they show each and every number entered by the IRS into their computers from every form. USCIS considers them to be more reliable and accurate than a copy of a tax return.

Yeah the 1040 for is what I sent, gah silly me.

Okay so we'll get the full transcripts and it should all be sorted. Thanks so much for your help!!

[KayDeeCee 4,896]

Good catch! I didn't even notice that.

So, seems like an easily fixed RFE then. Good luck!