RFE - I 485

[jdh 103]

If an interview occurs after the tax filing deadline USCIS can ask for the most recent returns, so I would assume they could expect them with an RFE answered at that point as well. I suppose it depends on how it is worded - some RFEs may ask for 2010 taxes if that is specifically what they want. I've seen others that just say "most recent year" which will soon be 2011.

I understand what you are saying and get how it could be possible, but it is just speculation. I would love too see some hard facts on this.

Logically, to me, it should not matter even if the interview is past the date. It should only matter the application date. The reason to include tax returns is based on the I-864 (affidavit of support doc)...That portion of your application is verified and dealt with in the initial review portion and if it has not been included they send an RFE for it...I don't see what the interview has to do with that.

I am sure you could be right...it's possible...but so far it's only speculation. Would love to see some evidence to give us a firm answer.

[Little_My 464]

The thing is that logic does not always apply with USCIS and immigration issues. Though the process is strongly based on existing laws and regulations, the IO assigned to a case has the right to exersice discretion when adjudicating a case. Because of this, maymy appliants get an RFE for the I-864 even though they submitted proof of having income just above the minimum requirement - in cases where the income is barely over, or the source of the income is new and there isn't a strong track record of steady income that exceeds the minimum requirement, IOs often want more evidence that the US citizen is able to financially support the immigrant.

Personally I think it is always better to try to exceed the bare minimum requirement - even if technically the 2011 return should not be a firm requirement since it is not due yet, I see absolutely no reason to not include it, or at least to not prepare to bring it to the interview. Most likely they will ask for it, especially if the income shown is close to the minimum limit.

[ClassyBee 19]

Well, I sent my AOS with 2010 taxes and got no RFE. I would think if pre-interview RFEs comes from NBC, there must be some consistency as regards the definition of "the latest tax year"

And jdh's point is that You will not get an RFE for a tax return that isnt due yet(2011 in this case). No matter how logical your counter argument may seem, It remains speculative

however, I will be taking 2011 Tax returns to the interview next month because It would be due by then.

Edited April 11, 2012 by ClassyBee

[Basee 2]

Hi everyone,

I am on F1 status and my wife recently got naturalized citizen. I filled I 130 (approved) on my own when wiffy was LPR but we decided not take any chances and file rest of things through lawyer. Our lawyer filled I 485 and I 765, we've received NOAs and I have a biometric appointment on 13th April. But today my lawyer received RFE for I485 asking for latest tax returns. I don't work officially and my wife is student and she does part time job which is not sufficient, hence my uncle did the joint sponsor. My wife had submitted every tax returns including 2011 but my uncle's tax returns were of 2009 and 2010.

The RFE also asks for medical examinations which our idiot lawyer had not informed us at all. He is saying that my uncle (joint sponsor) needs to give his latest tax returns i.e. of 2011 and my wife needs to give her W2 form of 2011. I understand about my uncle's latest tax returns but I don't get it about my wife's W2 form since she has already submitted tax returns of every years she worked.

My question

- Is our lawyer asking for right documents or is he still missing something?

- Would this create longer wait time to get Green Card?(because I am praying to get it before start of my fall semester in August)

- My credit report states that I am employed by XYZ organization which was done in order to get auto loan. Did USCIS pulled up that information and asking for MY latest tax returns? (which I don't have at all)

I really appreciate you guys reading this and being helpful. I have read my posts and this place is extremely helpful, I am seriously regretting our decision to go though lawyer.

Thanks a lot.......

I think you are over thinking the issue. USCIS ask for exactly what they want. There is a box next to the bit where you state what you are sending. If you checked that you are sending THREE years info, they expect to see it. If not, the LATEST tax return ie 2011, is what they want to see from your wife. However, your uncle is expected to submit ALL THREE as joint sponsor. Your tax returns are of no interest to them. Your lawyer is a bit slapdash! Affidavit of support is standard, how he allowed that to happen is beyond me. With a straightforward case of AOS, I agree lawyers are a waste of money.

As for lengthening the time it takes, that's up to you. If you get the stuff to them expediently, your application will continue. If you take your time, then you suffer the consequences. Presently AOS is taking up to 6mths in some cases it's shorter, either way you are at the mercy of USCIS and nothing you are going to do is going to make them move any faster. Even if it hasn't been completed in time for the fall semester, I'd suggest not waiting to apply to school. It's easier to walk away from a school application than it is to get a place last minute.