Question on Request for Evidence

[Shaun and Steph 1]

Hello,

My wife and I are currently awaiting our adjustment of status from our K1Visa / Immigration. My wife is from Canada and immigrated to the United states to live with me. We recently received a document for a Request for evidence.

The request for evidence states:

"The Petitioner (underlined in red)/sponsor on form I-864, Avffidavit of Support, Must submit a complete federal income tax return (underlined in red) submitted to the internal revenue service (IRS) for the most recent tax year. (the year "2014" is written in red.)

If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why you are not required to file. (underlined in red)

I am a little mixed up on the wording here. Are they asking for her tax information since she is petitioning for adjustment of status, or do they mean me when they say petitioner since I am the one submitting the affidavit of support?

I submitted my tax returns for 2012-2015. Are they asking for my wife's tax returns? In this case she was a Canadian citizen in 2014. She filed taxes in Canada, but not in the US. Do I just need to write up a document saying one is not needed, do we need to get her translated french canadian tax returns for 2014 sent over, or do I just need to send them a document explaining she did not submit taxes to the USA.

Thanks in advance for any advice. Sometimes I get tripped up on the wording on this stuff.

[nereides 13]

You are the petitioner because you are the one who submitted the petition, the I-130. She is the beneficiary.

[Shaun and Steph 1]

You are the petitioner because you are the one who submitted the petition, the I-130. She is the beneficiary.

We didn't submit an I-130 we submitted an I-485 Adjustment of status. For this particular form she was the one submitting.

I am the one who filed the affidavit of support which is the document in question, and in that document itself it refers to me as the sponsor.

This is why I'm confused in the wording. In the context of the AOS I think I may actually be the sponsor, but her sending her tax information doesn't make much sense to me.

[Mike91 0]

Hi,

Looks like the first sentence "The Petitioner (underlined in red)/sponsor on form I-864, Avffidavit of Support, Must submit a complete federal income tax return

has the answer. They want info from person who completed the affidavit. So, hers taxes has nothing to do with their request. Seems that they are missing your 2014 taxes, or are not satisfied with the existing ones

[KayDeeCee 4,893]

The USC petitioner/sponsor is the one that submits the I-864. You are the sponsor for the immigrant, your foreign spouse. They want your taxes. I would resend 2014 and 2015. Use IRS transcripts so you don't have to worry if you provide a copy of the complete return or not.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[TNguyen501 2]

Go here:

https://www.irs.gov/Individuals/Get-Transcript

And request both account and return transcript for all your 3 years you needed and sent them.

[KayDeeCee 4,893]

Only need the tax return transcript.

[nereides 13]

We didn't submit an I-130 we submitted an I-485 Adjustment of status. For this particular form she was the one submitting.

I am the one who filed the affidavit of support which is the document in question, and in that document itself it refers to me as the sponsor.

This is why I'm confused in the wording. In the context of the AOS I think I may actually be the sponsor, but her sending her tax information doesn't make much sense to me.

Apologies, I meant the 1-129F that you submitted at the beginning of the K-1 process. You petitioned for your fiancee to come here. You are both the petitioner and the sponsor. Contact the IRS and get your 2014 tax transcript.

[pantonia 39]

I'd say it's pretty simple and not to worry: resend the IRS tax transcript for 2014 that they may have lost (they asked for things that have already been sent all the time). I'm sure that's what they want regardless of the wording confusion. and if you simply wanna be extra sure and not worry about it, attach also a signed explanation that she wasn't required to file for taxes in America during the requested period because blahblah. good luck!

[KayDeeCee 4,893]

The foreign spouse's taxes from before they even entered the US are not needed, nor is a letter to explain about their not filing US taxes they never needed to because they did not yet reside in the US. They have nothing to do with the USC's filing of the affidavit of support form. The wording is not confusing. The person that fills out the I-864 to sponsor their foreign spouse is always referred to as the USC petitioner/sponsor by the USCIS. The foreign spouse filed no petition. They are not a petitioner. They filed an I-485 application to adjust status. They are an adjustment applicant, and they do not submit an I-864 for themselves.