Advice Wanted

[AL2012 0]

Dears:

i received a RFE as the below :

"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. "

the issue here is that my wife (the petitioner) was in prison last year !! for 8 months and her income was less than the required amount to file taxes since she only worked for 4 months. and she doesn't have the release letter with her. and to obtain it from the prison this may take months.

note: we have a joint-sponsor and we already submitted all required stuff for it.

please advice on what to respond on the RFE ?

i appreciate your help on this matter since my case is on hold tell i respond.

thank you all in advance,

-AL

[ceadsearc 516]

Did she submit a written explanation including the IRS guidelines showing she was not required to file based on income?

[I AM NOT THAT GUY 5,715]

Something is not right here, or somebody is not fully aware of the filing requirements.

Even is she only worked for 4 months, she would still benefit from filing a tax return, to refund any income withheld and to collect EITC. She still has more than 6 weeks before April 17th rolls around. Did you make any income last year? When did you arrive in the US? Depending on those answers, you may also be required to file a return with the IRS, and you may both benefit by filing a joint return.

Edited February 21, 2012 by ☼

[AL2012 0]

we are thinking to submit a written explanation, to tell the officer that she didn't make enough money last year, and per IRS pub 17 , if the amount is less than 9500$ then she is not qualified to submit a tax return. but the lawyer is asking for the realease letter to attach it with the statement.

cannot we submit a written explanation without the release letter attached. just to mention that she had a low income ????

thank you.

[I AM NOT THAT GUY 5,715]

we are thinking to submit a written explanation, to tell the officer that she didn't make enough money last year, and per IRS pub 17 , if the amount is less than 9500$ then she is not qualified to submit a tax return. but the lawyer is asking for the realease letter to attach it with the statement.

cannot we submit a written explanation without the release letter attached. just to mention that she had a low income ????

thank you.

Why did you hire a lawyer if you don't want to listen to his advice?

[VanessaTony 3,567]

What visa are you AOSing from?

[AL2012 0]

Why did you hire a lawyer if you don't want to listen to his advice?

he is asking for a paper we don't have without giving other options, i am looking for a legal advice from somebody else without having to pay for another lawyer.

What visa are you AOSing from?

its B1/B2, what does this have to do with the RFE i received ?

[ceadsearc 516]

You were supposed to send the explanation to begin with. The explanation should suffice for the RFE but if you want to be sure, file the back taxes (she'll probably get money back if she made so little) and send those.

[VanessaTony 3,567]

its B1/B2, what does this have to do with the RFE i received ?

Nothing except you posted in the wrong area and now it can be moved.

[Penguin_ie 5,996]

*** Moving from AOS from Family to AOS from Tourist visa forum *****

[Dakine10 5,452]

he is asking for a paper we don't have without giving other options, i am looking for a legal advice from somebody else without having to pay for another lawyer.

Since you must respond within the time frame given in the RFE, the 2 choices you have are to either prepare and submit a tax return to the IRS and include a copy of that as evidence, or write an explanation letter that she was not required to file a tax return due to her low income level. Since the RFE does give you enough time to get the release letter, that is not an option, but either of the other 2 choices will be fine.