RFE I-864/Explanation on failure to file

[acmurray 0]

Much to our dismay, my husband and I received an RFE on our adjustment of status. It asks for the full I-693 and medical exam (rather bizarre since he wasn't supposed to have to do all of that because he came in on a K1 visa and had JUST had the obligatory appt for that, but never mind, we did it again), and for tax transcripts for 2008, 2009, and 2010 for the sponsor and household member. Now, I think our main problem was that we sent in the 1020s and not the whole transcripts, which we have since ordered.

The only thing that's eating me up is about the lack of my 2008 return--I didn't earn anything in 2008 and thus didn't have to file, so I wrote a letter explaining that. I was going to file for 2008 late, but even if I did the transcript probably won't be ready in time to make the RFE deadline.

Should I write another letter, hope the main problem was with the transcripts themselves and cross my fingers? Does anyone have a copy of a nice ironclad explanation letter that I could use as a guide?

I saw that another user had a similar problem just a couple months ago, and I've contacted her to see how it went, but if her husband's green card is on its way she might very well not feel obliged to check this board anymore.

Thanks very much!

[Inky 1,111]

If they are asking for a full new medical its not really bizarre. It means they went ahead and lost his original medical so are requiring another.

How did you prove that you didn't have to file taxes? writing a letter saying you didn't make enough doesn't really give them evidence that you were not required to file. You need more than just the letter to prove to them you didn't have to file.

And yes the requirement is to send all pages not just the 1040s etc but the 1099s and W2s etc for all years. If you do not have ALL pages they will RFE for it.

[VanessaTony 3,567]

Usually the wording says they lost the original medical (lately anyway). Can you upload a copy of your RFE (whiting out any personal info)

[acmurray 0]

But how do you prove a negative? The instructions simply state:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

[KayDeeCee 4,896]

But how do you prove a negative? The instructions simply state:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

State why you legally were not required to file. List the IRS Pub that proves you were not required: http://www.irs.gov/publications/p501/index.html

[Messybrownhair 251]

When we filed for aos we only had 2010 returns because hubby was a student and never filed before that so we just wrote that and it was fine

[Nich-Nick 3,354]

Should I write another letter, hope the main problem was with the transcripts themselves and cross my fingers? Does anyone have a copy of a nice ironclad explanation letter that I could use as a guide?

This is from a USCIS memo concerning not filing a tax return:

Note: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an

RFE

for evidence of the law is not necessary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

Thus I would write a statement something like--

In tax year 2008 I was a student and only earned $1,234.56 in income which was below the IRS threshhold for filing a tax return by an unmarried taxpayer.

I certify under penalty of perjury under the laws of the United States that the above is a true statement based on all information of which I have knowledge.

[signature]

John Quincy Doe

They want the exact amount you earned stated as well as the perjury statement. They are supposed to have the IRS threshhold lists so they can look that up and verify 2008.

[JimVaPhuong 4,863]

This is from a USCIS memo concerning not filing a tax return:

Note: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an

RFE

for evidence of the law is not necessary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

Thus I would write a statement something like--

In tax year 2008 I was a student and only earned $1,234.56 in income which was below the IRS threshhold for filing a tax return by an unmarried taxpayer.

I certify under penalty of perjury under the laws of the United States that the above is a true statement based on all information of which I have knowledge.

[signature]

John Quincy Doe

They want the exact amount you earned stated as well as the perjury statement. They are supposed to have the IRS threshhold lists so they can look that up and verify 2008.

Perfect answer!

[acmurray 0]

Marvelous, thank you so much!