RFE for no tax returns but didn't have to file

[BnT 9]

Hey VJ family!

Just a rather random question for all of you since I am trying to save time so that my husband can get his EAD ASAP! He's going crazy on me since he is in the house all day everyday!

So, I lived in Honduras for 3 years--until we came to the US together in October '12. I filed taxes for 2009, didn't earn anything in 2010 so didn't file, earned way below the limit for filing for 2011 (earned like $4,000 while working in Honduras) and didn't realize that I should have filed just to have the record for this AOS paperwork........so when I sent in the AOS stuff last month, I did what is suggested here on VJ and also what the USCIS tells you to do: I sent a letter explaining why I was not required to file under US tax law and attached copies of the IRS pages listing the filing limits, etc and also attached copies of the pay stubs that I was able to locate (showing that my monthly income would add up to much less than the filing limit). STILL got an RFE last week asking for my most recent year's tax returns.........so on that page it yet again says that if I wasn't required to file, to attach a letter and evidence and send the RFE letter back in.

So my question is: now what?! I can go back and file for 2011 but it's a lot of work for no reason. Or I can rewrite the letter and make it more clear and add even more evidence of why I didn't file?

I am planning on filing for 2012 this week anyway, so I can send that along with whatever I do for the 2011 issue.

Does anyone have any experience in this sort of issue? Any advice? Thanks in advance!

[Inky 1,110]

Moving from K-1 process to AOS process as this is an RFE for an AOS case not a K-1 petition.

[Villanelle 4,122]

well, did you send in a copy of 2009 transcript? For your 864 the current year is 2012, the last 3 yrs are 2011 2010 2009. The RFE is for your last years returns (or proof you were not required to file). I noticed your answer was incredibly detailed about your proof of not filing but lacked anything about if you sent 2009s transcripts. That may be what theyre looking for. Years means all the years- 2009-2012.

You can also go to the IRS website and print a detailed statement saying you were not required to file based on a set of questions you can print out and attach as proof.

http://apps.irs.gov/app/ita/app/investigate.action?screenId=s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&ts=1360723693695&ita=Who_Must_File&factId=Who_Must_File&entity=global&screenEntityInstanceName=global&itascreenid=Do+I+Need+to+File+a+Tax+Return%3F-s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&screenEntity=global&entityInstanceName=global

[I AM NOT THAT GUY 5,715]

Hey VJ family!

Just a rather random question for all of you since I am trying to save time so that my husband can get his EAD ASAP! He's going crazy on me since he is in the house all day everyday!

So, I lived in Honduras for 3 years--until we came to the US together in October '12. I filed taxes for 2009, didn't earn anything in 2010 so didn't file, earned way below the limit for filing for 2011 (earned like $4,000 while working in Honduras) and didn't realize that I should have filed just to have the record for this AOS paperwork........so when I sent in the AOS stuff last month, I did what is suggested here on VJ and also what the USCIS tells you to do: I sent a letter explaining why I was not required to file under US tax law and attached copies of the IRS pages listing the filing limits, etc and also attached copies of the pay stubs that I was able to locate (showing that my monthly income would add up to much less than the filing limit). STILL got an RFE last week asking for my most recent year's tax returns.........so on that page it yet again says that if I wasn't required to file, to attach a letter and evidence and send the RFE letter back in.

So my question is: now what?! I can go back and file for 2011 but it's a lot of work for no reason. Or I can rewrite the letter and make it more clear and add even more evidence of why I didn't file?

I am planning on filing for 2012 this week anyway, so I can send that along with whatever I do for the 2011 issue.

Does anyone have any experience in this sort of issue? Any advice? Thanks in advance!

File for 2012. Send a copy of your return in response to the RFE. That gives you a couple months to talk to a tax specialist, and get a statement from him why you were not required to file for 2009, 2010, and 2011, to show at the interview, if you have one.

[Love's JAA 100]

Hey VJ family!

Just a rather random question for all of you since I am trying to save time so that my husband can get his EAD ASAP! He's going crazy on me since he is in the house all day everyday!

So, I lived in Honduras for 3 years--until we came to the US together in October '12. I filed taxes for 2009, didn't earn anything in 2010 so didn't file, earned way below the limit for filing for 2011 (earned like $4,000 while working in Honduras) and didn't realize that I should have filed just to have the record for this AOS paperwork........so when I sent in the AOS stuff last month, I did what is suggested here on VJ and also what the USCIS tells you to do: I sent a letter explaining why I was not required to file under US tax law and attached copies of the IRS pages listing the filing limits, etc and also attached copies of the pay stubs that I was able to locate (showing that my monthly income would add up to much less than the filing limit). STILL got an RFE last week asking for my most recent year's tax returns.........so on that page it yet again says that if I wasn't required to file, to attach a letter and evidence and send the RFE letter back in.

So my question is: now what?! I can go back and file for 2011 but it's a lot of work for no reason. Or I can rewrite the letter and make it more clear and add even more evidence of why I didn't file?

I am planning on filing for 2012 this week anyway, so I can send that along with whatever I do for the 2011 issue.

Does anyone have any experience in this sort of issue? Any advice? Thanks in advance!

Why is filing a return a lot of work? You said your earnings were around $4,000. It sounds like there's hardly anything to put on the return - and no tax to calculate since your taxable income should be zero. I'm sure you can find the form online fill in the couple of numbers and print it out. Sign it, make a copy for yourself and for USCIS, and mail the original to the IRS. It's probably just as fast or faster than writing a new explanation of why you don't have to file. The only concern is if you were self-employed, your net self-employment earnings would be subject to self-employment (social security/medicare) taxes, even if for income taxes your taxable income was $0.00. But otherwise filing seems no big deal, gives you something to give USCIS and gets the statute of limitations running as far as ever being audited (not that you ever would be). The IRS generally has three years to audit a return. If you never file, they can theoretically audit you anytime indefinitely. But that's just an aside.

[BnT 9]

well, did you send in a copy of 2009 transcript? For your 864 the current year is 2012, the last 3 yrs are 2011 2010 2009. The RFE is for your last years returns (or proof you were not required to file). I noticed your answer was incredibly detailed about your proof of not filing but lacked anything about if you sent 2009s transcripts. That may be what theyre looking for. Years means all the years- 2009-2012.

You can also go to the IRS website and print a detailed statement saying you were not required to file based on a set of questions you can print out and attach as proof.

http://apps.irs.gov/app/ita/app/investigate.action?screenId=s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&ts=1360723693695&ita=Who_Must_File&factId=Who_Must_File&entity=global&screenEntityInstanceName=global&itascreenid=Do+I+Need+to+File+a+Tax+Return%3F-s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&screenEntity=global&entityInstanceName=global

Well, the letter I got says "for the most recent tax year." Period. No plurals involved....

[BnT 9]

Why is filing a return a lot of work? You said your earnings were around $4,000. It sounds like there's hardly anything to put on the return - and no tax to calculate since your taxable income should be zero. I'm sure you can find the form online fill in the couple of numbers and print it out. Sign it, make a copy for yourself and for USCIS, and mail the original to the IRS. It's probably just as fast or faster than writing a new explanation of why you don't have to file. The only concern is if you were self-employed, your net self-employment earnings would be subject to self-employment (social security/medicare) taxes, even if for income taxes your taxable income was $0.00. But otherwise filing seems no big deal, gives you something to give USCIS and gets the statute of limitations running as far as ever being audited (not that you ever would be). The IRS generally has three years to audit a return. If you never file, they can theoretically audit you anytime indefinitely. But that's just an aside.

Well, I guess that the form itself isn't a whole lot of work other than figuring out how to change the currency based on what rates were at the time I earned the money...but I have been reading on here that unless I take the completed form to a local IRS office and get them to time-stamp it, then I have to wait for the return to be processed and get a transcript sent (which would take longer than I have to respond to the RFE)......so the running around part is the time-consuming part aside from the changes in currency. So I guess I am wondering if I really have to have a time-stamped copy of the form if I do just fill it out now to send in....if not, no big deal.

[Villanelle 4,122]

If the RFE was for the single last year only then yes. You either need a statement saying you were exempt from filing, a transcript, or a time stamped copy if you back file now.

Do not attempt to back file it now by mailing it in to IRS and sending the papercopy to USCIS. USCIS will attempt to verify the return with IRS. It will not show up as IRS hasnt processed it yet, rather it it will show up as nothing, it just wont exist. It will appear to USCIS that you submitted phony paperwork. Thats a huge problem. The date stamp shows you submitted it to IRS but it hasnt been processed. Its a 'pass'. The transcript shows it has been processed, the statement shows you dont need to file.

It just seems like someone on USCISs end got themselves confused because its now 2013 and said hmm this 864 has the current year as 2011- where are the 2012 taxes- Im sending an RFE for current year taxes- I want 2012. I think it was an error on their part seeking 2012.

You can try to call up the help line and speak to a tier 2 rep and confirm you sent in the proper things with your 864- 2011 statement exempting you because you filed before taxes are due for 2012 so the tax year is 2011. However since you said you are planning on filing your 2012 taxes soon, you can include them in the RFE response if you get them done before the RFE is due.

[I AM NOT THAT GUY 5,715]

Hey VJ family!

Just a rather random question for all of you since I am trying to save time so that my husband can get his EAD ASAP!

BTW: The RFE shouldn't effect his EAD (I-765). That should be adjudicated separately.

[KayDeeCee 4,893]

Well, the letter I got says "for the most recent tax year." Period. No plurals involved....

File your 2012 taxes, send a complete copy of that return(all forms, schedules, W-2s and/or 1099s) plus another statement as to why you did not file taxes in 2010 or 2011. Keep the statement rather simple. Just state how much you earned those years and that it was below the amount required to file as stated by IRS Pub 17. OR, you file the 2011 at the same time as 2012 and send copies of both complete returns. I would also still include the statement about not filing for 2010 and why you did not file 2011 before either, because you were not legally required to do so.

I think someone was overlooking(or misplaced) your statement and thinking you did not include the required most recent return.

[I AM NOT THAT GUY 5,715]

I think someone was overlooking(or misplaced) your statement and thinking you did not include the required most recent return.

It could just be they looked at the I-864 and decided they lacked sufficient evidence to support the income as shown on the affidavit. The 2012 return would go a long way toward alleviating that concern.

[BnT 9]

BTW: The RFE shouldn't effect his EAD (I-765). That should be adjudicated separately.

That's what I thought...but the letter says that his I-765 will be adjudicated within 90 days following receipt of the proper documentation!!! Ugh.

[BnT 9]

It could just be they looked at the I-864 and decided they lacked sufficient evidence to support the income as shown on the affidavit. The 2012 return would go a long way toward alleviating that concern.

True but I have my mom as a co-sponsor and she makes much more than enough...so at the interview back at the consulate, the lady didn't even look at my stuff regarding money....I know: whole different ball game now!

[thairath 4]

True but I have my mom as a co-sponsor and she makes much more than enough...so at the interview back at the consulate, the lady didn't even look at my stuff regarding money....I know: whole different ball game now!

So your mother is co-sponsoring your husband's AOS? If so, they may be asking for her most recent tax returns as well.

[bigdog 376]

So your mother is co-sponsoring your husband's AOS? If so, they may be asking for her most recent tax returns as well.

Good point, you can always file a short form for low income years. I would see a tax professional, better than having continued issues with USCIS.