September 2014 AOS Filers

[AuroreJeremy 26]

G'day! Yes, I saw you got one too as I read this entire thread yesterday while feeling sorry for myself. It made me feel a bit better to feel not so alone.

While I await the hardcopy RFE in the post, I can only guess at what it's in regards to and of course my mind goest straight to what I feel is the worst case scenario, which is something to do with the Affidavit.

We didn't use a joint sponsor because my hubby's last three Aussie tax returns showed his earnings far exceeding the 125% poverty guideline. We included a statement as to why he didn't file US tax returns (due to zero US income earned) and additional pay stubs from his freelance work apart from his Aussie full-time job. While he currently doesn't have US employment, he does have savings that exceed the poverty guideline, as does his retirement fund. Also, we decided to use my monetary assets, which is allowable according to the i-864 instructions:

"You may use the assets of the intending immigrant regardless of wherever he or she resides. The intending immigrant must provide evidence of such assets with this form."

We even included an up-to-date currency conversion to show how Aussie dollars compare to US currency. While Australia is incredibly expensive and the cost of living is high, so are the earnings, which means we were able to save a lot of money in the lead-up to our big move.

It would suck to fritter away our hard-earned savings, but our proof of available funds show that it would be a long time before we'd potentially be a drain on the US system, unless of course disaster or bad luck strikes.

I agree with divikaki. You can't use foreign earned income and Aussie tax returns for the affidavit of support. And it's not because he didn't have any income in the US that he wasn't required to file US taxes. So that is most likely why you're getting a RFE. You can use assets and you need to send bank statements covering the last 12 months (that's what my RFE said about assets part).

[Nikki D 6]

As I understand it, foreign earned income is not applicable for meeting I-864 requirements. However, you can use the savings you have from this. Savings is counted at something like 1/5 the value of current income (therefore you'd need something close to 100,000 for a family of two, which I believe you said you have). You just need to show proof of this. Did you include your bank account info with these savings?

Also, just a note, your husband was not exempt from paying US taxes just because his income wasn't from the US. Americans are required to pay taxes on US and foreign-earned income. This could create an issue for you all later with the IRS if you don't sort it.

Hello!

We included his Aussie tax returns really just as a matter of full disclosure, transparency and to show his potential earning capacity, especially as we knew he'd be jobless at the point of filing.

We are a household of two and we included all of his bank accounts, all of my bank accounts, our retirement funds, and a paper trail to show that the monies have existed in our accounts for a significant amount of time.

We attached a written explanation as to why he didn't file a US tax return.

Also, according to the I-864 instructions:

"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 US 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 US."

Regarding his exemption from paying US taxes, we were given so much conflicting information regarding this, all from financial professionals. Our previous accountant literally scoffed in my face (he was such a douchebag) when I expressed to him I was under the impression hubby would need to file a US tax return.

At this point I believe that while hubby was living in a foreign country, earning a foreign income, earning zero US income, not using the US system in any way and being classed as an Aussie resident for taxation purposes, while he still may need to file a US tax return, he does not necessarily owe any money to the taxman. Fortunately, we now have an accountant back in Sydney who is an expert is Aussie-US taxes and who is sorting it out for us.

This is what makes our situation so complicated!

Having said all that, I still don't know that the RFE is about this, but I just have a hunch.

[Nikki D 6]

I agree with divikaki. You can't use foreign earned income and Aussie tax returns for the affidavit of support. And it's not because he didn't have any income in the US that he wasn't required to file US taxes. So that is most likely why you're getting a RFE. You can use assets and you need to send bank statements covering the last 12 months (that's what my RFE said about assets part).

My head, it hurts :,-(

I'm pretty sure our bank statements covered the last 12 months, if not more.

[mmanginsay 5]

This is what we call living the American dream...haha

[AuroreJeremy 26]

My head, it hurts :,-(

I'm pretty sure our bank statements covered the last 12 months, if not more.

Aw sorry I didn't mean to make you feel bad The affidavit of support has been the worst part for us for the K-1 and for the AOS as well so I understand how you feel. And waiting for the RFE without knowing what it is for is so stressful!

[Nikki D 6]

Aw sorry I didn't mean to make you feel bad The affidavit of support has been the worst part for us for the K-1 and for the AOS as well so I understand how you feel. And waiting for the RFE without knowing what it is for is so stressful!

Oh you've not made me feel bad at all - it's the situation that sucks! Just spoke to hubby and apparently he made a preemptive strike and had our Sydney accountant start the process of doing his US tax return some time ago. He's just taking his sweet time! Everything has to go back and forth by snail mail for some reason.

It's funny - looking at the time frame for when others received their RFEs and then the hardcopy version in the post, it seems that was significantly quicker for them too! The service in Pittsburgh sucks, man!

[AuroreJeremy 26]

Oh you've not made me feel bad at all - it's the situation that sucks! Just spoke to hubby and apparently he made a preemptive strike and had our Sydney accountant start the process of doing his US tax return some time ago. He's just taking his sweet time! Everything has to go back and forth by snail mail for some reason.

It's funny - looking at the time frame for when others received their RFEs and then the hardcopy version in the post, it seems that was significantly quicker for them too! The service in Pittsburgh sucks, man!

Yes the situation does suck! That's good that your husband made your accountant work on his US tax returns! You will definitely need that if your RFE is for the affidavit/tax return. And since you seem to have enough with assets, then it should be ok

It usually doesn't take too long to get the hardcopy of the RFE. Maybe you'll get it tomorrow! Keep us posted!

[Nikki D 6]

Yes the situation does suck! That's good that your husband made your accountant work on his US tax returns! You will definitely need that if your RFE is for the affidavit/tax return. And since you seem to have enough with assets, then it should be ok

It usually doesn't take too long to get the hardcopy of the RFE. Maybe you'll get it tomorrow! Keep us posted!

Will do, and happy first Halloween to all September filers!

[AuroreJeremy 26]

Will do, and happy first Halloween to all September filers!

Thank you! Happy Halloween to you

[moraaj 3]

Oh you've not made me feel bad at all - it's the situation that sucks! Just spoke to hubby and apparently he made a preemptive strike and had our Sydney accountant start the process of doing his US tax return some time ago. He's just taking his sweet time! Everything has to go back and forth by snail mail for some reason.

It's funny - looking at the time frame for when others received their RFEs and then the hardcopy version in the post, it seems that was significantly quicker for them too! The service in Pittsburgh sucks, man!

It is never good news to see a RFE on the first day when it shows up because you have to wait forever while thinking what it could be. On the 7th of October I looked at the USCIS website I saw a RFE, I started wondering what it could be possibly be, of course I was thinking of the worst case scenarios. Well 4 days later I received it..it was a RFE for a Birth certificate which did not even cross my mind, worrying doesn't do one good. So weird, they wanted a copy issued by an appropriate civil authority. I finally got a copy issued by the "appropriate civil authority", two affidavits and a legalization copy done by foreign affairs. I sent it today after 21 days, I have promised myself not to look at the website until after Christmas. I have learned to be patient so you can learn too lol. All the best to everyone here, I am happy things are going well for most people, lets all continue praying for one another.

[mmanginsay 5]

Oh this reminds me that I have to expedite my birth certificate too since I only sent them a photocopy they might need it.

This whole waiting is making me paranoid. I normally sleep around 2 am just to check the update from USCIS but to no avail none.

[Snorlux 58]

Ok so according to USPS my RFE Response was delivered today (saturday) to the USCIS Courier & Express mail address in Missouri. I thought USCIS is closed on Saturday and that was not a P.O. Box address so how can it be delivered if nobody was there to receive it? :S I've sent it with Priority Mail but no signature so I really hope USCIS will get it and not somebody else :S

[mmanginsay 5]

For sure they have a mailbox so it will be okay...did you prepare a copy for back up if in case it was lost?

[Nikki D 6]

It is never good news to see a RFE on the first day when it shows up because you have to wait forever while thinking what it could be. On the 7th of October I looked at the USCIS website I saw a RFE, I started wondering what it could be possibly be, of course I was thinking of the worst case scenarios. Well 4 days later I received it..it was a RFE for a Birth certificate which did not even cross my mind, worrying doesn't do one good. So weird, they wanted a copy issued by an appropriate civil authority. I finally got a copy issued by the "appropriate civil authority", two affidavits and a legalization copy done by foreign affairs. I sent it today after 21 days, I have promised myself not to look at the website until after Christmas. I have learned to be patient so you can learn too lol. All the best to everyone here, I am happy things are going well for most people, lets all continue praying for one another.

So I received the RSE in last night's post - my hunch was correct and hubby does indeed need to file a US tax return for the most recent financial year. As I said, we have an accountant in Sydney who is on it, but we now have to wait until Sunday evening to phone him - due to the time difference - and communicate the importance of him making it happen ASAP so as to not jeopardise my Green Card. I hate being reliant on other people!

[Snorlux 58]

For sure they have a mailbox so it will be okay...did you prepare a copy for back up if in case it was lost?

From the "delivered" usps status I can see that the post code where they delivered it is 64002 which is the PO Box post code :S The express and priority mail postcode is 64063...

Looks like they delivered it to the PO Box even though I specifically asked them to deliver it to the courier and express address at 64063.. weird :S