Preempt RFE or wait and see?

[ryna 132]

After reading more about the ROC process here on VJ, it seems very likely than my wife and I will get an RFE because we only sent USCIS a copy of our 2011 (joint) Federal tax return without W-2s (not a 2011 IRS transcript). Also, since neither of us worked during 2012, our income fell well short of the $19,500 required (by the IRS) to have to file a return. Since we were only thinking of IRS requirements (and not that USCIS may ask for it at ROC), we haven't filed a 2012 return (yet).

I think our other evidence is more than enough to show we're bona fide even without the tax returns (joint bank accounts, car loan/title/registration/insurance, health & dental insurance, utilities, life insurance/IRA beneficiaries, etc.) but I know that taxes carry a lot of weight with USCIS. We'd prefer to head off any RFE, if possible, especially for something as silly as having not worked in 2012. Luckily, we had savings. We didn't work in 2012 but we did enjoy our extended vacation time together after so much time spent apart in 2010. Making up for it now in 2013, though!!

Anyhow, we sent in the ROC package without a cover letter or any explanation for the lack of a 2012 tax filing. Now, even though we haven't received an RFE, would it make sense to go ahead and request a copy of our 2011 transcript from the IRS to have on hand just in case of an RFE OR just to go ahead and send them another copy of our 2011 return, this time with the W-2s and also include a letter of explanation for our lack of a 2012 filing? I know the NOA1 says you can submit additional (unsolicited) evidence but we are a bit worried that anything we send now may cross paths with any RFE especially since the case has been transfered to another USCIS office...

[Dave&Roza 748]

After reading more about the ROC process here on VJ, it seems very likely than my wife and I will get an RFE because we only sent USCIS a copy of our 2011 (joint) Federal tax return without W-2s (not a 2011 IRS transcript). Also, since neither of us worked during 2012, our income fell well short of the $19,500 required (by the IRS) to have to file a return. Since we were only thinking of IRS requirements (and not that USCIS may ask for it at ROC), we haven't filed a 2012 return (yet).

I think our other evidence is more than enough to show we're bona fide even without the tax returns (joint bank accounts, car loan/title/registration/insurance, health & dental insurance, utilities, life insurance/IRA beneficiaries, etc.) but I know that taxes carry a lot of weight with USCIS. We'd prefer to head off any RFE, if possible, especially for something as silly as having not worked in 2012. Luckily, we had savings. We didn't work in 2012 but we did enjoy our extended vacation time together after so much time spent apart in 2010. Making up for it now in 2013, though!!

Anyhow, we sent in the ROC package without a cover letter or any explanation for the lack of a 2012 tax filing. Now, even though we haven't received an RFE, would it make sense to go ahead and request a copy of our 2011 transcript from the IRS to have on hand just in case of an RFE OR just to go ahead and send them another copy of our 2011 return, this time with the W-2s and also include a letter of explanation for our lack of a 2012 filing? I know the NOA1 says you can submit additional (unsolicited) evidence but we are a bit worried that anything we send now may cross paths with any RFE especially since the case has been transfered to another USCIS office...

Wait for the RFE if it comes. What you send in most likely will not get joined with your current file. Just send in the RFE information quickly. This will not cause a very long delay in your processing. Who knows, you may not get an RFE--it all depends on the person reviewing your file.

Dave

[ryna 132]

Wait for the RFE if it comes. What you send in most likely will not get joined with your current file. Just send in the RFE information quickly. This will not cause a very long delay in your processing. Who knows, you may not get an RFE--it all depends on the person reviewing your file.

Dave

Thanks. Yeah, I think you're right. We will go ahead and request a copy of the 2011 tax transcript to have on hand just in case. If I recall from the Affidavit of Support (I-134/I-864) paperwork, it only took a few days to receive it from the IRS.

I wish I had thought of sending the tax transcript instead of just the return before putting together the ROC package but, honestly, until dealing with USCIS, I had never even heard of a tax 'transcript' much less been asked for one for any reason before, so it wasn't something that immediately sprung to mind when gathering our tax records for them.

[ryna 132]

I requested a tax transcript online but it only asked for my SS# (and not my wife's, too.) Do we need to request one under her SS# as well or will the one requested under my SS# also include her SS# along with showing our filing status of "Married, filing jointly"? I would think we only need the one and that it will have all the required info, but the ones I requested a few years back for the affidavit of support, of course, were filed as "single", and I can't really look at them to see if transcripts for married couples will show both spouses or if each person has their own transcript (showing the same numbers, of course, for a jointly filed return.)

I only thought about this because our credit union doesn't issue joint account statements as it considers each of us individual members. We can only get individual statements which happen to show the same accounts on them since they are joint. Just wondering if the IRS is the same...

[Danilu 11]

When I requested our transcripts I realized they asked only my husband's SS #, because he´s the primal taxpayer. When we got the transcripts, both our names are shown on them.

[ryna 132]

When I requested our transcripts I realized they asked only my husband's SS #, because he´s the primal taxpayer. When we got the transcripts, both our names are shown on them.

Thank you, Danilu! That's what I thought but I wanted to be sure.

How have you been? Good to see you.

[Danilu 11]

Hi Ryna! I've been great, thank you! It seems like it was yesterday when we were busy with the K-1 process. Wish you the best of luck with your wife's ROC!