Potential RFE and solution

[Henley1989 10]

Hi,

Im worried I will get an RFE for my AOS package. Chances are its more information on Affidavit.

I only submitted a few recent pay stubs and I submitted an IRS tax return but no W2.

I know I may not get an RFE but am I able to send these off now with details and then that will be joined with the case and potentially stop an RFE? Or do I have to wait and see?

If I can send them do I just put a cover note explaining and include the new paperwork?

Thanks

[Nich-Nick 3,354]

Wait for an RFE.

Tax return requires a W-2.

Tax transcript does not.

You must have missed that when you were reading the instructions because they do tell you.

[Henley1989 10]

Thanks. I did, so many times but it was quite confusing and honestly I dont even know which one I sent. I ordered the transcript from the IRS (It was a one page form with details) - I assume thats it but one page just makes me worried. I managed to get hold of the entire package submitted to IRS from family accountant so when I see 50 pages I got worried and though maybe just send them this...

I guess I will wait.

[Nich-Nick 3,354]

A transcript is a compact IRS summary of the essential parts of your tax return. It is jammed together single spaced and is double sided.

A tax return can have colored pages, headers, boxes, extra instructions (add line 1, 2 here. enter the larger of line 3 or 4 here), and are single sided, as well as a new page for every form. A transcript just runs all significant form entries together page after page without page breaks.

Also if people print out every page something like TurboTax generates, it will be massive. That's because it generates, worksheets and such which are not even actual tax forms, but are details for your records. USCIS doesn't need all that.

For example if I printed out everything TurboTax wants to print, mine would be 90 pages. My transcript is two sheets of paper, double sided. I have quite a few forms in my return. A more simple return could easily be one piece of paper in transcript form.

Next time you submit anything to immigration, make an exact photocopy including the check. Then when you start second guessing yourself while reading VJ, you have the clone to look at.

[CharlieTanger 76]

Are tax returns required? I will not have one until February/March time as I'm newly employed. I have an employer letter and pay stubs. Is this ok?

[Nich-Nick 3,354]

Are tax returns required? I will not have one until February/March time as I'm newly employed. I have an employer letter and pay stubs. Is this ok?

Read the I-864 instructions!! Start at the bottom of page 7 under the topic Item Numbers 18.a. - 20. Federal Income Tax Return Information

Instructions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

There are many details to be learned from the actual USCIS instruction that are skipped over in short forum replies.

Edited December 7, 2015 by Nich-Nick

[CharlieTanger 76]

Read the I-864 instructions!! Start at the bottom of page 7 under the topic Item Numbers 18.a. - 20. Federal Income Tax Return Information

Instructions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

There are many details to be learned from the actual USCIS instruction that are skipped over in short forum replies.

Thanks, Nich! I would assume if I included my pay stubs along with a letter of explanation that would be fine. I just want to be secure in knowing that I won't get an RFE for something stupid.

[Nich-Nick 3,354]

Thanks, Nich! I would assume if I included my pay stubs along with a letter of explanation that would be fine. I just want to be secure in knowing that I won't get an RFE for something stupid.

You did not read it carefully.

From the instructions:

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

That is telling you a tax return is REQUIRED.

Read on and it will tell you what to do if you have no 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 all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864. 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 typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed 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.

If you don't include that signed statement explaining exactly why you did not have to file, then you will get an RFE. Be specific. My income was low is not enough. Tell them unemployed and $0.00 income in 2014 or maybe you worked a bit so $245.10 earned which was below the filing threshold. Specifics.

Edited December 7, 2015 by Nich-Nick

[CharlieTanger 76]

You did not read it carefully.

From the instructions:

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

That is telling you a tax return is REQUIRED.

Read on and it will tell you what to do if you have no 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 all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864. 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 typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to

Yes, I printed and highlighted it.

I will send an explanation, but I figured I'd add in my pay stubs as some extra proof of employment. Just as a back-up.

[Nich-Nick 3,354]

Yes, I printed and highlighted it.

I will send an explanation, but I figured I'd add in my pay stubs as some extra proof of employment. Just as a back-up.

Yes the tax return part must be addressed as a requirement. Sorry I thought when you said letter you meant employer letter. It is a statement, not letter.

To show you currently earn enough, include evidence like an employer letter and pay slips. The instructions say--

You may also provide pay stubs showing your income for the previous six months.

[jgdaily 4]

I submitted my tax transcript (ordered free from IRS.gov website) and 6 current paystubs.