AOS-RFE: tax files requested

[J&F 0]

My husband (K-1 visa/Chile) and I just received a Request for Evidence on our Adjustment of Status. The evidence in question is my W-2s, 1099s and supporting documentation from the most recent tax year (2010). The problem is that I lived and worked in Chile for all of 2010. I also filed taxes in Chile for 2010. When I got back to the US I consulted with the IRS and the USCIS and both said I still needed to file in the US. So, I filed the standard 1040 form along with the 2555EX, which is where I showed my Chilean income on which I paid taxes in Chile. I also sent a letter from my Chilean employer showing proof of my Chilean earnings and a certified English translation of that. My Chilean employer didn't give me pay stubs, so this letter was the "pay stub"/proof. The USCIS said they didn't want my Chilean taxes, even if I had them translated. They said only US taxes are relevant. So, I included all of this paperwork along with my 2009, 2008 and 2007 tax reports (which I got from the IRS office in Chicago).

I don't have a W-2 or 1099 since I didn't have a job in the US in 2010. I called the USCIS number and explained all of this and the guy on the phone said put it down in writing. I explained that it all was in writing in the US tax forms. The 2555EX shows international income. He went on to explain something about how the agent who reviewed our files was probably reading the files and saw that the forms listed on the RFE were missing so he just sent the RFE. I asked him why the agent wouldn't have noticed that I had no W2 or 1099 since all of the income on the forms I just sent showed I only worked in Chile for that year. He said that sometimes the agents just ask for the forms again to see if you can provide them. He said sometimes people submit forms and when they are asked again to submit forms, they can't do it. They don't have the forms. So, I responded, "So basically you are saying that they are testing me to see if I can give them the same forms I already gave them once. This is a test." He said, well yes I guess you could see it that way. Just put it in writing and send the forms again. I said, Sir, if I send these forms again and your agent still wants forms I don't have, am I going to get another RFE? I'm calling you now to find out exactly what I need to provide (since I don't have any of the forms on the RFE). And he said no one could tell me anything more than what was on the RFE and I should put it all in writing and resubmit the forms I have.

So, I'm going to do that. I got his name and I wrote a letter. I'm also going to go to the IRS office again to see if they will give me an official letter saying it's OK that I don't have a W2 or 1099 and copies of my complete 2010 paperwork.

I'm curious to know if anyone else has had a situation like this with an RFE.

I feel like they are just playing with us. It doesn't seem logical to me... Why spouses and fiances aren't granted permission to work and be active, taxpaying members of society while waiting for the green card to come through is so illogical. We're just in limbo and trying to get started in this country and build lives here. Ugh...

Anyway, comments or suggestions for how I should respond to this RFE would be much appreciated!!

[I AM NOT THAT GUY 5,715]

Did you sent IRS Transcripts? That will do the same as sending W-2's, 1099's, and your returns with all attachments and schedules.

Edited January 18, 2012 by ☼

[Darnell 8,478]

This is a 'negative boundary' test.

IMO, send that cover letter, explaining the nonexistence of what they are asking for,

and include EVERYTHING that you submitted with the I-864.

[kcoyclay1 98]

Get a transcript from IRS. You do not need a W2 with a transcript. Look at # section 25 of the I-864 instructions.

www.USCIS.gov/files/forms/i-864instr.pdf

"if you provide a photocopy of your tax returns(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."