RFE recieved - Please Help

[AL2012 0]

Dears:

i received the following RFE Request For Initial Evidence:

"submit a complete income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

If you were not required to file a Federal 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. "

my wife (the petitioner) has never filed taxes because her salary is too low, and we already submitted a notarized letter of employment stating that the salary is too low. and we submitted a joint sponsor application as well.

please advise what to respond to the RFE ??

Thank you in advance.

[Inky 1,111]

You need to send the IRS law highlighted that shows she is not subject to filing taxes - send proof of her income meeting the requirement to not file with that.

[AL2012 0]

thank you for your reply, do you have an example of such document i searched the web but with no luck, appreciate if you send me how it looks like and i will embed the US law code in it.

thank you very much for your help.

[AL2012 0]

can anybody help me on this please ...

what is the IRS law code that is talking about Low Income Exemption ..?

i need it to reply for the above RFE.

please advice

[KayDeeCee 4,896]

can anybody help me on this please ...

what is the IRS law code that is talking about Low Income Exemption ..?

i need it to reply for the above RFE.

please advice

You just need to look up the IRS pubs that tell who is required to file.

Your wife needed to make less than $9,500 to legally not have to file taxes.

http://www.irs.gov/publications/p17/ch01.html#en_US_2011_publink1000170407

Your wife needs to write a statement as to why she did not legally have to file. State the amount she made, and that the IRS Pub 17 shows she did not make enough to be legally required to file.

[AL2012 0]

You just need to look up the IRS pubs that tell who is required to file.

Your wife needed to make less than $9,500 to legally not have to file taxes.

http://www.irs.gov/publications/p17/ch01.html#en_US_2011_publink1000170407

Your wife needs to write a statement as to why she did not legally have to file. State the amount she made, and that the IRS Pub 17 shows she did not make enough to be legally required to file.

thank you very much for the advise, maybe this is a silly question : but my wife make 200$/week; which is around(200$*4)= 800$/Monthly; which is (800*12)=9600$, so is 9600$ still qualified for exemption ?

thanks again for your help ..

[Inky 1,111]

thank you very much for the advise, maybe this is a silly question : but my wife make 200$/week; which is around(200$*4)= 800$/Monthly; which is (800*12)=9600$, so is 9600$ still qualified for exemption ?

thanks again for your help ..

No 9,600 is not enough to make the exemption - the IRS statement and link that Jay-Kay posted clearly says your wife has to make less than 9,500 and she makes more than that.

[ceadsearc 516]

Nope. 9500 or less. Plus, 200/week x 52 weeks in a year is actually 10,400. Her W-2s should say exactly what she made, and she should have received those regardless of whether or not she actually needed to file taxes. Check her W-2s for the past several years. If her income was 9500 or less, follow inky's directions regarding sending the IRS statement. If it was over, even by a dollar, she needs to file back taxes ASAP and include those. If that is the case she is probably entitled to money back, anyway.

[SuperDuper! 230]

It's ALWAYS a good idea to file a tax return, no matter what the income. It just keeps the air clear from year-to-year, and keeps the ghosts from coming back to haunt. No one likes ghosts of tax returns past showing up inya mailbox a howling! Good Luck!

[RICARDO4EVA2 194]

Dears:

i received the following RFE Request For Initial Evidence:

"submit a complete income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

If you were not required to file a Federal 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. "

my wife (the petitioner) has never filed taxes because her salary is too low, and we already submitted a notarized letter of employment stating that the salary is too low. and we submitted a joint sponsor application as well.

please advise what to respond to the RFE ??

Thank you in advance.

I received your message in my inbox and I'll still add my info since you asked me.

To me what is sounds like is the I-864 for your wife was not submitted along with the already submitted notarized letter of employment stating that the salary is low. Matter of face this letter needs to include her income hourly/annually.

can anybody help me on this please ...

what is the IRS law code that is talking about Low Income Exemption ..?

i need it to reply for the above RFE.

please advice

I think this is a bit but. It is known that a tax payer is not required to file a US tax return for zero or low income.

[KayDeeCee 4,896]

thank you very much for the advise, maybe this is a silly question : but my wife make 200$/week; which is around(200$*4)= 800$/Monthly; which is (800*12)=9600$, so is 9600$ still qualified for exemption ?

thanks again for your help ..

If she made more than $9500 in a year, then she needs to file. If she didn't file and needed to, then she needs to go ahead and file NOW. After she files, she can send a copy of what she filed to satisfy the RFE. It is a good idea to file even if you do not actually make enough to be required to file for the year. Sometimes you can even get back a refund, so why not file?