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

[SikaHunter_NZ 5]

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.

I had the exact same RFE, for the exact same reasons. Although this was in september that I received the RFE, so the most recent tax year was 2011. My wife (usc) was living in NZ for the last 3 years and didn't think she needed to file. Well, she was wrong. If you are a USC living abroad and earning over the minimum threshold (in US$), you still need to file. Difference being is there is a rebate of up to $95,500 of foreign earned taxable income. And its a pain in the neck trying to figure out filing for foreign earned income!

Your best bet is to just file the 2012 (most recent) tax return and send that in with the RFE, and like mentioned above by others, this gives you time to consult a tax agent and get everything squared up with proper returns/evidence for not filing.

On a side note, I received my EAD the day after I sent the RFE response package, the I-486 pertains to AOS, not work authorisation.

Just my two cents

Cheers

[BnT 9]

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

Yes...I decided that it was better to have her co-sponsor since I don't have more than one year of decent income to show in the last 4 years. And true, they might want hers, too. I just don't think it's fair/right/okay that they ask for 2012 when we filed AOS before the deadline for 2012's taxes...but who said any of this was fair...!!! So now my mom better get herself in gear 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.

True...the only reason I didn't file last year was b/c I had earned so little and an accountant friend checked everything out and said it wasn't necessary (silly me, forgetting about the paperwork that was in processing at the time! )

Anyway...thanks all for your advice! I think I am going to re-write my statement on why I didn't file and send 2012 returns for myself and co-sponsor.