request for initial evidence ! what ? how ?

[Mrs Slade 1]

Hello VJ family and Happy New Year to everyone....

I have received a request to submit a complete Federal income tax return submitted to IRS from the petitioner (my husband)

He started to work on Feb 2012 (after many years of unemployment)so where, when, how are we supposed to complete the requested document ?

Probably obvious for lots of you but mystery to me :-)

Thanks in advance for your always precious advices

Viv

[keyshawn18 52]

By the end of JAN he will recieve a W-2 and he can use that to file his taxes for last year and you can provide them with the tax returns he files.When was the last time he worked besides feb 2012? I would provide returns for all the years he has worked.You can go to IRS.gov and request a tax transcrip.I think they can provide you with at least the last three years worth of transcripts.

[spn1025 38]

Did he not file a tax return for 2011 or 2010?

Was he receiving unemployment benefits? If he had absolutely 0 income and did not file a tax return, follow what the above poster said. If he was receiving unemployment benefits, I believe he should have filed a tax return.

[Dave&Roza 748]

Hello VJ family and Happy New Year to everyone....

I have received a request to submit a complete Federal income tax return submitted to IRS from the petitioner (my husband)

He started to work on Feb 2012 (after many years of unemployment)so where, when, how are we supposed to complete the requested document ?

Probably obvious for lots of you but mystery to me :-)

Thanks in advance for your always precious advices

Viv

Unfortunately the USCIS is not the IRS and up on all the tax codes and all that. They expect every USC and LPR to FILE a tax return every year--period. If you cannot produce one because you can site IRS tax code with the CFR to back up your claim as to why you were not REQUIRED to file a tax return then do so and hope the USCIS is satisfied with the explaination. Or you can file a tax return for the previous years and give that to the USCIS. This is one of those that bites a lot of people. If you are going to have dealing with other government agencies that require a copy of a tax return, you need to file a tax return even if you are not required or owe any taxes. It makes life so much easier.

Good luck,

Dave

Edited January 5, 2013 by Dave&Roza

[Mrs Slade 1]

By the end of JAN he will recieve a W-2 and he can use that to file his taxes for last year and you can provide them with the tax returns he files.When was the last time he worked besides feb 2012? I would provide returns for all the years he has worked.You can go to IRS.gov and request a tax transcrip.I think they can provide you with at least the last three years worth of transcripts.

thks for taking the time to answer; I guess we will wait end of Jan. W-2 and will investigate on IRS.gov website.

Viv

Did he not file a tax return for 2011 or 2010?

Was he receiving unemployment benefits? If he had absolutely 0 income and did not file a tax return, follow what the above poster said. If he was receiving unemployment benefits, I believe he should have filed a tax return.

No unemployment benefits. We will wait for end of Jan and see from there :-)

Thks for your time

Viv

[Mrs Slade 1]

Unfortunately the USCIS is not the IRS and up on all the tax codes and all that. They expect every USC and LPR to FILE a tax return every year--period. If you cannot produce one because you can site IRS tax code with the CFR to back up your claim as to why you were not REQUIRED to file a tax return then do so and hope the USCIS is satisfied with the explaination. Or you can file a tax return for the previous years and give that to the USCIS. This is one of those that bites a lot of people. If you are going to have dealing with other government agencies that require a copy of a tax return, you need to file a tax return even if you are not required or owe any taxes. It makes life so much easier.

Good luck,

Dave

thks Dave, must confess I'm a bit lost by all those explanations, but I guess that he should received taxes to fill for 2012.

What he has been paid surely must be declared somewhere and to someone :-)

Your assistance has been much appreciated

Viv

[KayDeeCee 4,896]

Hello VJ family and Happy New Year to everyone....

I have received a request to submit a complete Federal income tax return submitted to IRS from the petitioner (my husband)

He started to work on Feb 2012 (after many years of unemployment)so where, when, how are we supposed to complete the requested document ?

Probably obvious for lots of you but mystery to me :-)

Thanks in advance for your always precious advices

Viv

It is a requirement of the I-864 to send in the most recent tax return. If he did not file taxes for 2011, then he needed to send a statement explaining why he was not legally required to file. This is stated in the I-864 instructions. If he was not required to file, send a statement to that effect back with the RFE. If he was required to file but did not, then he needs to file his back 2011 taxes and send in a copy of the return.

[Mrs Slade 1]

It is a requirement of the I-864 to send in the most recent tax return. If he did not file taxes for 2011, then he needed to send a statement explaining why he was not legally required to file. This is stated in the I-864 instructions. If he was not required to file, send a statement to that effect back with the RFE. If he was required to file but did not, then he needs to file his back 2011 taxes and send in a copy of the return.

Hello :-)

He was not working at all in 2011, he only start on Feb 2012.

I'm not a taxes specialist but I suppose that it is only after 31st dec that 2012 is terminated, and, therefore that you are able to file taxes for this year.

I don't know who is required to file or who's not, but I also suppose that, having worked for almost a year, my husband will have to file.

Month of January will probably give us more answers !

Thks for your help

Viv

Edited January 6, 2013 by Mrs Slade

[Pinkrlion 2,724]

Hello :-)

He was not working at all in 2011, he only start on Feb 2012.

I'm not a taxes specialist but I suppose that it is only after 31st dec that 2012 is terminated, and, therefore that you are able to file taxes for this year.

I don't know who is required to file or who's not, but I also suppose that, having worked for almost a year, my husband will have to file.

Month of January will probably give us more answers !

Thks for your help

Viv

Although he received unemployment benefits, he still had to file taxes on those benefits. Each year he should have received a 1099G with the amount of benefits that he received. He uses that to file his taxes like a W-2. He needs to request another copy of his 1099G from the state, and file his taxes.

Edited January 6, 2013 by Pinkrlion

[KayDeeCee 4,896]

Hello :-)

He was not working at all in 2011, he only start on Feb 2012.

I'm not a taxes specialist but I suppose that it is only after 31st dec that 2012 is terminated, and, therefore that you are able to file taxes for this year.

I don't know who is required to file or who's not, but I also suppose that, having worked for almost a year, my husband will have to file.

Month of January will probably give us more answers !

Thks for your help

Viv

You got an RFE for the I-864 you already sent in. The most recent tax year available at the time would be the 2011 taxes. The deadline for filing 2012 taxes is not until April 2013. The RFE is asking for the most recent tax return available at the time you filed the I-864. You are talking about his taxes for 2012, that he will of course be filing this year.

Did he file for 2011? That is what the RFE is asking for. If he did not send in his 2011 tax return OR a statement as to why he was not legally required to file in 2011, then that is why you received the RFE. You have to send in one or the other with the I-864. They were not sending an RFE about his future 2012 tax return.

For the I-864, you must list the income amounts for the last 3 years of tax filings, and also send in the most recent tax transcript, which in your case is the year 2011. If he did not file taxes in any of those years, 2009, 2010, or 2011, he needed to send in a statement as to why he was not legally required to file those tax years. This is in the I-864 instructions. Therefore, if he did not send in his 2011 tax return transcript or the required statement as to why he did not have to legally file, then that is the reason for your RFE. They were not saying you had to wait for him to file the 2012 taxes and send those. They were asking for the missing 2011 tax return that was not sent along with the I-864 when it was filed. If he sent no statement about not having to legally file in 2011, then this would cause the USCIS to issue the RFE for the missing 2011 taxes since they would have no clue that he did not file in 2011 without you telling them. This is why they state to do so in the I-864 instructions.

Your husband needs to know whether or not he was legally required to file for 2011. If he was, he needs to file those back taxes and send in a copy of that filing. If he was not, then he needs to send in a statement as to why he was not legally required to file. http://www.irs.gov/uac/Do-I-have-to-File-a-Tax-Return%3F

If your RFE allows you enough time for him to file his 2012 taxes(most people won't receive their W-2s until the end of Jan.), then he can do that and send in a copy of that filing. However, if he did not have to file in 2011, he must still send in a statement as to why he was not legally required to file. You want to satisfy the RFE completely.

[Mrs Slade 1]

You got an RFE for the I-864 you already sent in. The most recent tax year available at the time would be the 2011 taxes. The deadline for filing 2012 taxes is not until April 2013. The RFE is asking for the most recent tax return available at the time you filed the I-864. You are talking about his taxes for 2012, that he will of course be filing this year.

Did he file for 2011? That is what the RFE is asking for. If he did not send in his 2011 tax return OR a statement as to why he was not legally required to file in 2011, then that is why you received the RFE. You have to send in one or the other with the I-864. They were not sending an RFE about his future 2012 tax return.

For the I-864, you must list the income amounts for the last 3 years of tax filings, and also send in the most recent tax transcript, which in your case is the year 2011. If he did not file taxes in any of those years, 2009, 2010, or 2011, he needed to send in a statement as to why he was not legally required to file those tax years. This is in the I-864 instructions. Therefore, if he did not send in his 2011 tax return transcript or the required statement as to why he did not have to legally file, then that is the reason for your RFE. They were not saying you had to wait for him to file the 2012 taxes and send those. They were asking for the missing 2011 tax return that was not sent along with the I-864 when it was filed. If he sent no statement about not having to legally file in 2011, then this would cause the USCIS to issue the RFE for the missing 2011 taxes since they would have no clue that he did not file in 2011 without you telling them. This is why they state to do so in the I-864 instructions.

Your husband needs to know whether or not he was legally required to file for 2011. If he was, he needs to file those back taxes and send in a copy of that filing. If he was not, then he needs to send in a statement as to why he was not legally required to file. http://www.irs.gov/uac/Do-I-have-to-File-a-Tax-Return%3F

If your RFE allows you enough time for him to file his 2012 taxes(most people won't receive their W-2s until the end of Jan.), then he can do that and send in a copy of that filing. However, if he did not have to file in 2011, he must still send in a statement as to why he was not legally required to file. You want to satisfy the RFE completely.

thanks soooo much : it start to make more sense for me :-)

I understand now why they ask for 2011 because in his g-325a it's noted that he worked as health care for In home support service (for his mother)since 2008 BUT talking to her about it, the income received is so small that it is probably why no taxes were filled.

So do I have to send the annual copies for this job and just have him hand-write a statement that it is the reason why he hasn't filled ?

And we will send the 2012 taxes because this work provide a 'normal' income :-)

Your precious help is much appreciated

Viv