Questions regarding RFE received for i-485 application for my wife

[georaldc 0]

Ok, so we just received an RFE today asking for 2 things:

1. Complete Federal Income Tax Return from the petitioner/sponsor (that would be me). Attach a written explanation and if applicable, evidence of exception if you were not required to file a tax return under US tax law.

2. Evidence that the joint sponsor (my mom) is a US citizen, US National, or Lawful Permanent Resident of the US.

I grew up and lived in the Philippines as a US citizen up until me and my fiancee moved here to the US (which was this January) through a k1 visa. I worked at an IT company in the Philipines for almost 5 years where I was making around 144,000 philippine pesos a year when I started ($3,600) and reached about 408,000 pesos ($10,200) during my final year before I left and migrated to the US. I guess the problem is I never filed any tax returns because I wasn't aware that citizens living abroad had to (I once asked my dad about it years back and he told me I didn't have to because I was earning philippine money). So basically I didn't have anything to produce for the 1st requirement. Is there anything I can do about this (other than a written explanation)?

For the 2nd requirement, my mother is a green card holder and has been living here in the US for some time now. Will a copy of the green card document be enough to satisfy the 2nd requirement?

Thank you for any help on these questions of mine.

[Inky 1,111]

You should file back tax with international income, you shouldn't owe anything because of foreign income tax credit. Would look into getting a professional to do that filing for you tho.

[Hypnos 6,578]

1) If you were required to file income tax returns but didn't (US citizens must do this no matter what country they are living in at the time) then you will need to file back taxes for the last three years and then submit a copy of the most recent with your RFE. You will need to investigate whether you were required to file (once your earnings reach approximately $10,000 / year you are usually required to file).

2) A copy of the front and back of your mother's green card will suffice as proof of LPR status.

Edited May 5, 2013 by Hypnos

[georaldc 0]

Ok, this took some time but I finally mailed in my tax return to the IRS for 2012 last Saturday. I had my Mom's accountant do the work and I noticed that on the 1040 form, the accountant put in $0 for income. I'm guessing its because I didn't earn anything in the US. He then added another form, Form 2555 (for foreign earned income) and put what I earned in the Philippines there for 2012.

I'm reprinting my i-864 now. On line 25 "Federal Income Tax Return Info", I guess I have to put a check now on the checkbox since I'm attaching both the 1040 and 2555 forms for 2012 right? Since my 1040 has $0 for income, do I also put in $0.00 for the total income of the tax year 2012?

EDIT:

Hmm, I just noticed that the i-864 form has been updated. Me and my mom's (joint sponsor) form was similar to this when we submitted before getting the RFE:

http://www.***removed***/forms/i-864-sample-affidavit-of-support.pdf

Is it recommended/better to transfer the old sponsor form data of me and my mom to the new form, update, print and submit those, together with my 1040/2555 and my mom's green card for the RFE?

Edited June 4, 2013 by georaldc