need rfe help on 1099s

[cpinkley 0]

Hello-I got an rfe for my 485 case on our affidavit of support. we sent in a copy of my husband's tax return for recent year but did not send in 1099s (seems a lot of our lawyers are overlooking this!), anywho-got an rfe for 1099s or w2. problem-my husband is self employed and does not get w2s and only gets a few 1099s from people he does conract work for. so we can send in the 2 1099s he got, but the income on those is less than what he reported on his tax return. he does keep track of accounts receivables and provides income statements to his accountant. should we go ahead and submit what we have (tax copy, 1099s letter explaining lack of 1099s, income statement, etc), or do you recommend just getting the tax transcript. any help would be appreciated-I am hoping to deal with this asap!

[KarenCee 3]

Hello-I got an rfe for my 485 case on our affidavit of support. we sent in a copy of my husband's tax return for recent year but did not send in 1099s (seems a lot of our lawyers are overlooking this!), anywho-got an rfe for 1099s or w2. problem-my husband is self employed and does not get w2s and only gets a few 1099s from people he does conract work for. so we can send in the 2 1099s he got, but the income on those is less than what he reported on his tax return. he does keep track of accounts receivables and provides income statements to his accountant. should we go ahead and submit what we have (tax copy, 1099s letter explaining lack of 1099s, income statement, etc), or do you recommend just getting the tax transcript. any help would be appreciated-I am hoping to deal with this asap!

If it were me, I would submit anything and everything to prove his income. Tax transcripts will help too I'm sure. To account for the difference in income, I'm sure the USCIS is going to want to see proof of some sort. Good luck.

[rebeccajo 14]

As your husband is self-employed, in addition to W2's and 1099's, they may be looking for more than one tax return.

Did you submit three years worth?

[cpinkley 0]

As your husband is self-employed, in addition to W2's and 1099's, they may be looking for more than one tax return.

Did you submit three years worth?

no, just 1 year. I suppose we would have to send 1099s with those too? same problem applies to last 3 tax years. I'll probably call customer service (Lord help me!) to find out exactly what we can send.

[rebeccajo 14]

cpinkley....read carefully Page 8 of the instructions for the I-864.

[cpinkley 0]

cpinkley....read carefully Page 8 of the instructions for the I-864.

read pg. 8-yes I know I made an error as did my lawyer! my question is about fixing my error and getting advice not realizing that I made an error!!!

[YuAndDan 153]

Get tax transcripts from past 3 years, they are acceptable in place of 1040, W2, and 1099 statements.

You must provide either an IRS transcript or a photo copy 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 photo copies of your Federal individual income tax returns for the three most recent years.

Page 8 form I-864.

Transcripts are free from IRS. http://www.irs.gov/faqs/faq1-6.html

[cpinkley 0]

Get tax transcripts from past 3 years, they are acceptable in place of 1040, W2, and 1099 statements.

You must provide either an IRS transcript or a photo copy 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 photo copies of your Federal individual income tax returns for the three most recent years.

Page 8 form I-864.

Transcripts are free from IRS. http://www.irs.gov/faqs/faq1-6.html

do you think they will accept the transcripts even though we had already submitted a copy?

married USC 11/25/06

NOA 485, 765, 130 12/19/06

FP appt 1/19/97

rfe 1/12/07

[rebeccajo 14]

cpinkley....read carefully Page 8 of the instructions for the I-864.

read pg. 8-yes I know I made an error as did my lawyer! my question is about fixing my error and getting advice not realizing that I made an error!!!

I realize you are frustrated right now with this delay in your process.

I was merely pointing you to the place to get your answers.

Or would you prefer that no one help you?

YuAndDan - Your advice is technically correct but anecdotally in this community there have been posts of RFE's for lack of W2's and 1099's when transcripts were sent. In the interest of caution it may be wise to send these attachments when filing.

[mercy 1]

This is a pretty common RFE. Did you include all schedules submitted? The RFE I got says: "W2s, 1099s, and/or all schedules submitted to the IRS", and the I-864 says:

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.

They also wanted proof of self employment from our joint sponsor, a letter on business letterhead or a business license, did you submit that?

[cpinkley 0]

This is a pretty common RFE. Did you include all schedules submitted? The RFE I got says: "W2s, 1099s, and/or all schedules submitted to the IRS", and the I-864 says:

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.

They also wanted proof of self employment from our joint sponsor, a letter on business letterhead or a business license, did you submit that?

yes, we did submit a letter on letterhead. my husband does not have a business license bc the county his business is in does not require a license. we included a copy of recent tax return with all schedules. my concern in sending in the 2 1099s he got. the 1099 reported income is less than what he filed bc some businesses never sent him 1099s.

[lostinblue 1,989]

cpinkley....read carefully Page 8 of the instructions for the I-864.

read pg. 8-yes I know I made an error as did my lawyer! my question is about fixing my error and getting advice not realizing that I made an error!!!

How would something as simple as reading the directions confuse your lawyer?He is trained to NOT make such a simple mistake .You are paying him to keep this from being an RFE. WOW

Edited January 15, 2007 by lostinblue

[cpinkley 0]

cpinkley....read carefully Page 8 of the instructions for the I-864.

read pg. 8-yes I know I made an error as did my lawyer! my question is about fixing my error and getting advice not realizing that I made an error!!!

How would something as simple as reading the directions confuse your lawyer?He is trained to NOT make such a simple mistake .You are paying him to keep this from being an RFE. WOW

our final solution- call USCIS, send tax transcripts and copies of what 1099s we have, letter explaining lack of 1099s signed by accountant, statement of income. we are only going to send for 1 year, as that is what is stated. I suppose our lawyer did not state 1099s bc most people who have their own business do not get 1099s. the IRS has never had a problem with this and he thought 1099s would not exist for our situation.

[mercy 1]

our final solution- call USCIS, send tax transcripts and copies of what 1099s we have, letter explaining lack of 1099s signed by accountant, statement of income. we are only going to send for 1 year, as that is what is stated. I suppose our lawyer did not state 1099s bc most people who have their own business do not get 1099s. the IRS has never had a problem with this and he thought 1099s would not exist for our situation.

If you have the past three years, why not send them? Better safe than sorry.

Hopefully you have luck calling USCIS. I called to get some clarification about my RFE, and the only thing they could tell me was that an RFE was sent, they didn't even have access to what kind of RFE it was; I had to read it to them, and the only thing they could tell me was "Send what they are asking for". The customer service people pretty much can only access the same things about our cases that we can get online.

Best of luck.

[rebeccajo 14]

Again....

Read Paragraph 1 on Page 8 of the instructions, especially the last sentence.