I sent 1040 and 1099 but they still want Federal Income Tax Return

[Marky 0]

I sent I485,I765,I864 package with my mother-in-law's 3 most recent year of US Individual income tax return (including 1040 & 1099) but my husband had only SSA-1099 (social security benefit statement) and I still got a letter for Lee's Summit to sent Federal income tax return, W-2, 1099 and/or all schedules. Do anybody know exactly what they want and can I re-send a whole thing again?

PS. my mother-in-law is a self-employed and she don't have W-2

[YuAndDan 153]

They want this data from the sponsor (Your Husband) or an explanation why he is exempt from filing a federal tax return.

Your Co-Sponsor Mother-in-law can get tax transcripts, they can be sent in place of the 1040, and W-2 forms. Transcripts are free and can be ordered on the phone.

http://www.irs.gov/faqs/faq1-6.html

From the instructions with I-864

25. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

If you checked box 22( b ) (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS- generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written

explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing

Instructions to determine whether you were required to file.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

Obtaining Tax Transcripts. You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9. Follow all instructions for completing and filing Form 4506-T with the IRS

I-864

Edited December 2, 2006 by YuAndDan

[jso 0]

I got the same RFE. I read it as them wanting to know exactly how much we got in returns (the actual tax retunr amt - either by transcript or, as we did it, an HR Block copy of the amt we were getting back)

They accepted that.

[Marky 0]

Thank you for your information

[Billy 0]

Hi

I am in the same boat with you. I sent my RFE to LEE SUMMIT on Nov 16, 06. I have not heard anything from them. Status online still said Request for Initial Evidence. I did sent my 1040 all schedules, I am self-employed. I don't have w-2. Do I need to send IRS tax transcript to them? Some people sent their RFE after mine already received email confirmation from USCIS. This made me wondered. Any input?

Billy

[Kez/JWolf 6]

Yes you need to send the tax return or transcript not just the 1040 and or W2's.....

[jso 0]

Hi

I am in the same boat with you. I sent my RFE to LEE SUMMIT on Nov 16, 06. I have not heard anything from them. Status online still said Request for Initial Evidence. I did sent my 1040 all schedules, I am self-employed. I don't have w-2. Do I need to send IRS tax transcript to them? Some people sent their RFE after mine already received email confirmation from USCIS. This made me wondered. Any input?

Billy

How did you send yours in? I made the mistake of sending mine by UPS thinking it would be a quick thing (next day delivery). The address given was a p.o.box - UPS made an address check and delivered it to someone at the Lee's Summit office but it was never recorded. I had to resend it by regular mail and 4 days later, receipt was confirmed; a week later, I got my interview notice.

Edited December 4, 2006 by jso

[Billy 0]

Hi

I am in the same boat with you. I sent my RFE to LEE SUMMIT on Nov 16, 06. I have not heard anything from them. Status online still said Request for Initial Evidence. I did sent my 1040 all schedules, I am self-employed. I don't have w-2. Do I need to send IRS tax transcript to them? Some people sent their RFE after mine already received email confirmation from USCIS. This made me wondered. Any input?

Billy

How did you send yours in? I made the mistake of sending mine by UPS thinking it would be a quick thing (next day delivery). The address given was a p.o.box - UPS made an address check and delivered it to someone at the Lee's Summit office but it was never recorded. I had to resend it by regular mail and 4 days later, receipt was confirmed; a week later, I got my interview notice.

Hi JSO

I did send mine usps with certified mail, and it was signed for by someone at MSC. Maybe, something is wrong because I sent only my 3 years 1040, business letter, business licence, I-864. How did you resend yours? Because I don't have the original RFE anymore. I only have copies now. I sent the yellow back to them. Please, help.

Billy

[1HappyGuy 45]

Dear Marky,

Usually the USCIS is looking for additional verification of a self employed person's income. If your fiance's mother is listed as an additional sponsor and is self employed, then she will need to submit two years of bank statements showing enough deposits to reflect the amount of income reported on her tax returns. Since the tax returns were submitted, you need to ask if they were complete tax returns or only the first two pages. I'm also self employed and had to submit the bank statements as further proof of income.

Because your fiance is not the primary source of your support in America, the USCIS is going to look carefully at the sponsor. It should not be a difficult proposition unless the income is too short for both your fiance's mother and your fiance and you.