AOS

[boy gaga 0]

Hello everyone, USCIS really drives me crazy I got REF they ask me about the most recent tax return like 2012, my co sponsor doesnt filed yet and I dnt know how many days this takes if he filed the Tax and to answer him back ? and USCIS gives me only 45 days to send them the tax and I didnt got my Biometrie letter yet I dont know if they gona send me Now or when I send them the tax return, I'm lost PLZ Help. Thanks

[boy gaga 0]

Hello everyone, USCIS really drives me crazy I got REF they ask me about the most recent tax return like 2012, my co sponsor doesnt filed yet and I dnt know how many days this takes if he filed the Tax and to answer him back ? and USCIS gives me only 45 days to send them the tax and I didnt got my Biometrie letter yet I dont know if they gona send me Now or when I send them the tax return, I'm lost PLZ Help. Thanks

They write me:

Sbmit a complet Federal Income tax return submited 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 income 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.

[Tygrys 143]

They write me:

Sbmit a complet Federal Income tax return submited 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 income 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.

Most recent tax year for which they can require sponsor to have filed tax return at this time is 2010.

Send them COMPLETE sponsor's tax return for tax year 2010, or (only if already filed) for tax year 2011.

[boy gaga 0]

Most recent tax year for which they can require sponsor to have filed tax return at this time is 2010.

Send them COMPLETE sponsor's tax return for tax year 2010, or (only if already filed) for tax year 2011.

[/quot

Thank for the fast reply but she didnt work 2010 she use to study and she just star working the end of 2011 but I dont know if she needs to written a letter to explain them or wait and file tax return of 2011 but I only have 45 days to reply uscis.

What we have need to do?

[slangofoil 50]

Thank for the fast reply but she didnt work 2010 she use to study and she just star working the end of 2011 but I dont know if she needs to written a letter to explain them or wait and file tax return of 2011 but I only have 45 days to reply uscis.

What we have need to do?

Tax returns for the previous three years must be submitted if the USC was required to file. If the USC was not required to file (such as not having any income, or making less than the minimum requiring a filing) then a written explanation must be submitted.

Since your wife didn't work in 2010 then the appropriate response to the RFE is a letter stating that she was unemployed for that year and was therefore not required to file a return.

Just as an FYI, I made less than the minimum requiring a filing in 2008, so when we submitted AOS in 2010 I just sent my 2007 and 2009 tax transcripts and a paper stating the reason for not having a 2008 filing. We had no problems from that.

[boy gaga 0]

Tax returns for the previous three years must be submitted if the USC was required to file. If the USC was not required to file (such as not having any income, or making less than the minimum requiring a filing) then a written explanation must be submitted.

Since your wife didn't work in 2010 then the appropriate response to the RFE is a letter stating that she was unemployed for that year and was therefore not required to file a return.

Just as an FYI, I made less than the minimum requiring a filing in 2008, so when we submitted AOS in 2010 I just sent my 2007 and 2009 tax transcripts and a paper stating the reason for not having a 2008 filing. We had no problems from that.

Thank u soo much this helped me a lot soo but she starts working the end of 2011 do she needs ta file the tax return or just written the letter? and the letter she must writes she needs to send it whit proof that she dont use to work or is not mandatory

[slangofoil 50]

Thank u soo much this helped me a lot soo but she starts working the end of 2011 do she needs ta file the tax return or just written the letter? and the letter she must writes she needs to send it whit proof that she dont use to work or is not mandatory

I can't really think of any proof that could be used to show that she didn't work. I think a signed letter swearing she didn't work in 2010 and therefore was not required to file, should be enough.

I think you might get caught here regarding the 2011 return though. It's very close to April 15th right now, so they might want to see her 2011 return. I'd get her return filed and send that documentation too to be safe.

[JimVaPhuong 4,863]

I can't really think of any proof that could be used to show that she didn't work. I think a signed letter swearing she didn't work in 2010 and therefore was not required to file, should be enough.

I think you might get caught here regarding the 2011 return though. It's very close to April 15th right now, so they might want to see her 2011 return. I'd get her return filed and send that documentation too to be safe.

Filing deadline this year is April 17th. Otherwise, yes to everything you've said.

These are the notes in the Adjudicators Field Manual regarding proof that a sponsor wasn't required to file a return:

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.

[boy gaga 0]

I can't really think of any proof that could be used to show that she didn't work. I think a signed letter swearing she didn't work in 2010 and therefore was not required to file, should be enough.

I think you might get caught here regarding the 2011 return though. It's very close to April 15th right now, so they might want to see her 2011 return. I'd get her return filed and send that documentation too to be safe.

Thanks for the reply soo if she files for the tax return of 2011 how many days this take to answer her back?

[boy gaga 0]

Filing deadline this year is April 17th. Otherwise, yes to everything you've said.

These are the notes in the Adjudicators Field Manual regarding proof that a sponsor wasn't required to file a return:

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.

Thank for the written letter did she need to notorised or just signatured?

[slangofoil 50]

Just signed.

I'm not sure how quickly she could get a tax transcript after filing, but if she makes copies of all the docs she submits to the IRS then I think that's enough. Someone else might know exactly which forms. I ordered tax transcripts for my submissions.