Please Help - RFE for Affidavit Support

[pinksquare 0]

Hi all, I need your guys help on this please. Feeling so depressed

We submitted the con-current filing of I-130 and I-485 in December. We got the RFE for Affidavit Support I-864.

We used my husband (USC) grandma as a joint sponsor and sent her 1-864 her and tax returns (her income is enough).

However we didn't send my husband's 1-864 (how stupid....) And the RFE asked for my husband 1-864 and tax returns.

Here's the problem. My husband was working in his dad's shop which offer small manufacture service. And he has only so little income so he didn't file tax returns for a few years. His grandma listed him as dependent on 2011 tax return.

He got a part time job on Sep 2014 however doesn't have new tax return yet.

If anyone knows, could you tell me what to do now? I know that we probably need a employment letter from his current employer. What about the tax returns?

THANK YOU GUYS SO MUCH!!

Edited January 16, 2015 by pinksquare

[Penguin_ie 5,997]

Write a letter of explanation as to why he was not required to file.

[pinksquare 0]

Write a letter of explanation as to why he was not required to file.

Thank you Penguin -ie !

It could be a short and straight letter right? And when he is filling I-864, for the Total Income, we can just put the real little income of his for the recent 3 years?

Thank you very much!

[NancyNguyen 1,658]

Thank you Penguin -ie !

It could be a short and straight letter right? And when he is filling I-864, for the Total Income, we can just put the real little income of his for the recent 3 years?

Thank you very much!

0 is fine with letter.

[pinksquare 0]

0 is fine with letter.

Thank you Nancy! That's a relieve. I'll start to draft the letter now, need to do some more research :-)

[Qilipu 0]

.... And the RFE asked for my husband 1-864 and tax returns.

Here's the problem. My husband was working in his dad's shop which offer small manufacture service. And he has only so little income so he didn't file tax returns for a few years. His grandma listed him as dependent on 2011 tax return.

He got a part time job on Sep 2014 however doesn't have new tax return yet.

I agree with other posters suggestion of a letter explaining the tax filing situation in prior years. But since it's mid-January already, you and your husband probably will get all of your forms W-2 and 1099 within a week or two. So if you don't have anything particularly complicated on your tax return (e.g. no capital gains), maybe you can file your joint tax return for 2014 as soon as you have all the necessary forms in, and include a copy of that return with your response to the RFE.

Even if you don't send the joint return with your RFE now, make sure to have it (and a transcript of it from the IRS site, if already available at the time) at your interview later on.

[pinksquare 0]

I agree with other posters suggestion of a letter explaining the tax filing situation in prior years. But since it's mid-January already, you and your husband probably will get all of your forms W-2 and 1099 within a week or two. So if you don't have anything particularly complicated on your tax return (e.g. no capital gains), maybe you can file your joint tax return for 2014 as soon as you have all the necessary forms in, and include a copy of that return with your response to the RFE.

Even if you don't send the joint return with your RFE now, make sure to have it (and a transcript of it from the IRS site, if already available at the time) at your interview later on.

Thank you Qilipu! It is a great idea to prepare 2014 tax return, although we haven't make much money yet haha. It is so wise to prepare it for the interview. Didn't think about it at all...Thank you very much!!!

[KayDeeCee 4,896]

Thank you Penguin -ie !

It could be a short and straight letter right? And when he is filling I-864, for the Total Income, we can just put the real little income of his for the recent 3 years?

Thank you very much!

If you are asking what to put for the Total Income from the last 3 of taxes, then put 'N/A' or 'Did Not File. See Attachment.' The answer is not 0 if he did not even file taxes. Then add the statement as to why he was not legally required to file for any of the last 3 years he did not. Stating that his annual income was too low and was below the IRS required income filing threshold works as an explanation.

From the I-864 instructions>

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.

Edited January 19, 2015 by KayDeeCee

[pinksquare 0]

Thank you KayDeeCee! Your explanation makes much more sense. Thank you for quoting the instruction. The explanation should not be long, right? I searched a bit in the forum and have seen people saying just a few sentences on the letter is enough.

[KayDeeCee 4,896]

Does not need to be long. Just that his income was too low, and he was not required by the IRS to file for whichever of the 3 years he did not. Have him sign and date the statement, and write at the top that it is an attachment for form I-864, Part 6, Question #13a.-c.

[pinksquare 0]

Got it! Thank you again!

All the bests! (^.^)

[KayDeeCee 4,896]

You are welcome, and good luck to you both!