Question about RFE for I-864

[mugs 0]

My wife is the petitioner for her daughter (over 21, unmarried)and she has now sent in the DS-230 and the I-864 to the NVC. With the I-864 she only sent in tax transcripts for 2008 and 2009 as her income was not enough to require her to file taxes in 2010 (and she has a good joint sponsor to address that part of it). On the I-864, for #25 then, the info for 2010 is blank since it's asking for what was on the tax returns. Of course there is an explanation that she sent also showing why she was not required to file for 2010. She included a table from the IRS website titled "Who must file" (Here's the link)

http://www.irs.gov/publications/p501/ar01.html#en_US_2010_publink1000220675

Well, she got a RFE concerning the I-864 and it's telling her:

1. Schedules are missing for the year 2010
   
2. Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are missing/incomplete for the year 2010
   
3. W-2 forms are missing /incomplete for the year 2010
   
4. Provide a copy of your most recent tax return from the country in which you filed if you are exempt from filing income taxes under U.S. Federal tax laws for the most recent tax year.
   

O.K. so, we need help understanding some of these requests.

#1. "Schedules" I assume are tax schedules? The ones in the 1040 instruction book you get every year? But that does not directly prove you didn't have to file taxes, right? It just shows what you owe based on your income. But without getting into that, I'm confused. Does the NVC want you to explain why you didn't file or do they want you to prove that you didn't have to file? Two different balls of wax, yes?. The IRS link I provided above (and to them) has a simple explanation along the lines of, "If you made x amount then you do have to file. I highlighted the figure we both made (we would have filed jointly) to show it was less than the amount shown. Not good enough?

#2. Letter 1722 is now called a "letter of non-filing". It shows that you didn't file during a certain year. We called the IRS and set that up for them to send.

#3. W-2 forms we didn't send because we were not sending tax returns or transcripts (since we hadn't filed for last year). We do have W-2's and of course we will send copies of those.

#4. I don't understand this. This would be for someone living out of the country. Did they just assume that since she didn't file, that she must be living in another country?

Lastly they asked for the P3 supplement sheet for Guangzhou. I had seen that when we were initially compiling the info for the I-864 but I called the NVC and asked about it and they said, "No no, you're jumping ahead. Just wait until we ask you for it." Well, I guess they did want it but it asks for it to be returned along with other completed packet three documents to the NVC. We haven't gotten any packet three documents yet.

So of course we can resend the form with most of what is asked for but parts seem a bit vague and we really want to get it right and not have another RFE sent.

Thanks!

[JimVaPhuong 4,863]

If you submit the letter of non-filing then none of the other stuff listed in your bullet list will be relevant.

[mugs 0]

Great, thank you!