RFE on 1-864

[JGD108 8]

Hi guys

Received an RFE regarding form I-864 (A) for my AOS.

Since my USC wife sponsor doesn't have sufficient income, I'm using my own income as beneficiary/household member.

I've included my latest W2 for 2012, prior to that I didn't file in USA since I was only working in Canada

The RFE is asking me to submit my Federal Income Tax Return for the most recent tax year.

Here's what I'm planning to send in a letter. Do I need to mention I worked in Canada prior to 2012 and include Canadian tax return?

Usually the norm I think is give only what is asked (US tax return previous year).

Lastly, am I correct in re-sending my W2 for 2012 and the letter from my CEO about employment continuing from the same source?

Thanks.

NAME

ADDRESS

PHONE

EMAIL ID

U.S. Department of Homeland Security

P.O. Box 648004

Lees Summit, MO 64002

File No. MSCXXX

USCIA A# AXXXX

March 25th, 2013

RE: RFE issued on 3/21/2013 for application MSCXXXXX requesting Federal Tax Return for household member on Form I-864, Affidavit of Support submitted to the IRS for the most recent tax year.

To Whom It May Concern:

I am XXX, the beneficiary and household member of the RFE.

I did not file an income tax return for the past tax year (2011), because I have not worked in the United States of America during that year. I have only been working in USA since June 11th, 2012. Hence I’ve sent the Form W2 for the tax year 2012, and a letter from my CEO that the income will continue from the same source.

Sincerely,

XXXX

[stevie b 141]

as i understand it, you are still required to file a federal tax return even though you were working out of the country. the first ninety sumodd thousand dollars are not subject to us federal taxes, but the filing is still required

[stevie b 141]

my mistake.. didnt see that you were the beneficiary.. not sure how that will work for you

[Owen_London 65]

The deadline for 2012 is only a few weeks away. You have your W2, and presumably you have documentation for your previous Canadian job and bank accounts etc. Can't you submit your 2012 tax return now, so that you can include it?

[joe12 1]

Hi guys

Received an RFE regarding form I-864 (A) for my AOS.

Since my USC wife sponsor doesn't have sufficient income, I'm using my own income as beneficiary/household member.

I've included my latest W2 for 2012, prior to that I didn't file in USA since I was only working in Canada

The RFE is asking me to submit my Federal Income Tax Return for the most recent tax year.

Here's what I'm planning to send in a letter. Do I need to mention I worked in Canada prior to 2012 and include Canadian tax return?

Usually the norm I think is give only what is asked (US tax return previous year).

Lastly, am I correct in re-sending my W2 for 2012 and the letter from my CEO about employment continuing from the same source?

Thanks.

NAME

ADDRESS

PHONE

EMAIL ID

U.S. Department of Homeland Security

P.O. Box 648004

Lees Summit, MO 64002

File No. MSCXXX

USCIA A# AXXXX

March 25th, 2013

RE: RFE issued on 3/21/2013 for application MSCXXXXX requesting Federal Tax Return for household member on Form I-864, Affidavit of Support submitted to the IRS for the most recent tax year.

To Whom It May Concern:

I am XXX, the beneficiary and household member of the RFE.

I did not file an income tax return for the past tax year (2011), because I have not worked in the United States of America during that year. I have only been working in USA since June 11th, 2012. Hence I’ve sent the Form W2 for the tax year 2012, and a letter from my CEO that the income will continue from the same source.

Sincerely,

XXXX

The most recent tax year is 2011. The 2012 tax return will be due after April 15.

Edited March 26, 2013 by joe12

[Owen_London 65]

The most recent tax year is 2011. The 2012 tax return will be due after April 15.

No. The most recent tax year is 2012, since it is complete. And the tax return is due by April 15, not after. Possibly this is just a language difference.

What isn't quite compelete is the 2012 tax reporting period. He or she should have all the documentation to complete the tax return, though.

[joe12 1]

No. The most recent tax year is 2012, since it is complete. And the tax return is due by April 15, not after. Possibly this is just a language difference.

What isn't quite compelete is the 2012 tax reporting period. He or she should have all the documentation to complete the tax return, though.

I submitted my AOS in February 2013 and submitted my 2011 tax return.I have no RFE and have been scheduled for interview. I repeat the most recent tax year is 2011. The 2012 return is not due till after April 15.

[KayDeeCee 4,893]

I would go ahead and file your 2012 taxes and respond to the RFE with a complete copy of your 2012 tax return that includes all forms, schedules and W-2s. You sent the 2012 W-2. I believe they are wanting a tax return to go with it and not just a W-2.

[Owen_London 65]

I submitted my AOS in February 2013 and submitted my 2011 tax return.I have no RFE and have been scheduled for interview. I repeat the most recent tax year is 2011. The 2012 return is not due till after April 15.

Good for you. Unfortunately, submitting the 2011 tax return isn't an option for the OP. His easiest option is to submit his 2012 tax return to the IRS and then send it to USCIS.

[milimelo 4,481]

I submitted my AOS in February 2013 and submitted my 2011 tax return.I have no RFE and have been scheduled for interview. I repeat the most recent tax year is 2011. The 2012 return is not due till after April 15.

It may not be due with IRS until April 15, but you will learn that USCIS can and does ask for tax returns as early as March 1.

So, better get cranking on that tax return so you can satisfy your RFE/interview.

[JGD108 8]

Thanks guys for your responses

It seems clear to me though it concerns only USA taxes, not Canada.

Unfortunately there doesn't seem to be an agreement here on what is the cutoff date for what is considered the most recent tax year, as per USCIS.

From my research also it seems to be April 15. And since I signed I-864 in Feb, for sure it meant 2011 right ?

I doubt we should delay AOS because I'm not filing taxes ahead of deadline right?

If somebody can refer me to an official USCIS instruction about what is considered most recent tax year as per them it'd be great !

Also some people mentioned if your interview is after April 15 to bring the new tax return then

Awaiting anxiously your responses!

[joe12 1]

Thanks guys for your responses

It seems clear to me though it concerns only USA taxes, not Canada.

Unfortunately there doesn't seem to be an agreement here on what is the cutoff date for what is considered the most recent tax year, as per USCIS.

From my research also it seems to be April 15. And since I signed I-864 in Feb, for sure it meant 2011 right ?

I doubt we should delay AOS because I'm not filing taxes ahead of deadline right?

If somebody can refer me to an official USCIS instruction about what is considered most recent tax year as per them it'd be great !

Also some people mentioned if your interview is after April 15 to bring the new tax return then

Awaiting anxiously your responses!

If you filled AOS before April 15, 2013 then the most recent tax recent is 2011. But if your interview is after April 15, take a copy of your completed 2012 tax return as it is due because IO may request. My interview is April 23 and i have already ordered and received my 2012 tax transcript although when i filled my AOS this february i used my 2011 tax return and received no RFE.

[JGD108 8]

If you filled AOS before April 15, 2013 then the most recent tax recent is 2011. But if your interview is after April 15, take a copy of your completed 2012 tax return as it is due because IO may request. My interview is April 23 and i have already ordered and received my 2012 tax transcript although when i filled my AOS this february i used my 2011 tax return and received no RFE.

Thanks Joe12

If I wait for my tax transcript that could be another month. It would seem silly to delay AOS for one month on a piece of paper (transcript) which was clearly not available in February.

I'm just a bit nervous because it seems if you don't answer an RFE correctly you get your AOS denied, is that true?

The text I wrote in my RFE reply above is making sense? I think it does since it's for initial evidence, and clearly all I forgot to include is that letter to explain the obvious as to why I didn't send a tax transcript for 2011.

Do I need to mention I will bring my tax transcript to my interview or that's understood?

Lastly, do I need to re-send my 2012 W2 and letter from my CEO for income continuing from same source? Thanks!!

**

To Whom It May Concern:

I am XXX, the beneficiary and household member of the RFE.

I did not file an income tax return for the past tax year (2011), because I have not worked in the United States of America during that year. I have only been working in USA since June 11th, 2012. Hence I’ve sent the Form W2 for the tax year 2012, and a letter from my CEO that the income will continue from the same source.

[JGD108 8]

Did some research and encountered this here (http://www.ilw.com/articles/2006,1128-wheeler.shtm point 4)

"The intending immigrant does not need to execute an I-864A unless he or she has a derivative spouse or child who will be accompanying the intending immigrant. Only household members who execute an I-864A must include a copy of their tax return for the prior tax year. Therefore, if the couple is recently married and did not file a joint tax return in the prior year, simply include the sponsor's last tax return and indicate the alien spouse's current income on line 24b. No proof of the intending immigrant's current or past income is required beyond establishing that it is lawful and will continue."

I clearly didn't file I-864A, and at the bottom part of the RFE it says to refer to the instructions of form I-864A to understand the household member part

Clearly previous tax returns are not needed for householder/benificiary, but maybe that's because my USC wife sponsor doesn't have income..

Anyhow, this is what I'm planning to send as a letter, with the yellow RFE letter (no W2 or CEO letter since already sent and not requested):

I am {name}, the beneficiary and household member mentioned on the Request for Initial Evidence.

I was not required to file an income tax return for the most recent tax year (2011) since I have not worked nor resided in the United States of America at any point during that entire year.

I have started employment in USA on June 11th, 2012 and previously worked in Canada.

I’ve sent as initial evidence the Form W2 for the tax year 2012, and a letter from my CEO that the income will continue from the same source.

I will be filing taxes for 2012 by April 15, 2013.

Edited March 27, 2013 by JGD108

[JGD108 8]

Called USCIS help line number from the RFE

That's crazy. USCIS level 2 told me this morning in regard to the RFE that most recent tax year is 2012..

It's crazy they said even if we were in jan 2013 I would still have to file and show my return for 2012, not 2011

I'll have it April 5th at earliest...

That delays my whole AOS for close to a month..

Glad though I got it near filing taxes and not in Jan!!

Said I don't need to wait for transcript

So I send in the RFE all the tax papers I'm sending the government right?