Rfe on AOS I NEEED HELP :(

[Steven&Jelena 12]

Hello everyone, i came to USA on k1 vissa, i been here 4 months now and i aply for green card. I got my biometrical done before a month ago almost and before a week ago i got letter from USCIS. I was happy because i thought i finally got my interwiev date but when i read the letter it made me worry very much . They asked us to submit a tax returns but my husband have never filed them and my father in low(who is a sponsor) is not filing them since about 1o years ago. Also they wrote if we dont send those documents they will deny me. I have a 6 months old son who is US citizen but he also have serbian citizenship since he is born in Serbia and im scared that if i have to go back to my country that i will not see him and i dont want to be far from my husband. He told me even if they deny me im gonna stay, hes not gona let me go, but i dont want to be here illigaly. I dont know what to do really.... can anybody help? Did anyone have this expiriance?

[Hypnos 6,576]

Your husband must submit an I-864 for you, even if his income is 0. He must file federal income tax returns in order to do this, unless his income is below the threshold required to file. Any joint sponsor must likewise have filed federal income tax returns, and have income sufficient to sponsor you. If you cannot respond to the RFE with what USCIS requires, your I-485 will be denied and deportation proceedings will be initiated against you.

[Steven&Jelena 12]

Your husband must submit an I-864 for you, even if his income is 0. He must file federal income tax returns in order to do this, unless his income is below the threshold required to file. Any joint sponsor must likewise have filed federal income tax returns, and have income sufficient to sponsor you. If you cannot respond to the RFE with what USCIS requires, your I-485 will be denied and deportation proceedings will be initiated against you.

No, both of them are not required to file. My husband doesnt make enough and his father is retired.

[p-ana 933]

No, both of them are not required to file. My husband doesnt make enough and his father is retired.

Then make them read the i864 instructions https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf so they can provide all the necessary documentation. On page 7 there is info about tax returns.

Good luck!

[belinda63 3,038]

Is your father-in-laws income sufficient to meet the requirements of the affidavit of support? How many are in his household and what is his annual income? Sounds like you will need to find a different sponsor.

[Ebunoluwa 6,136]

If both aren't required to file tax returns then document the reasons why and write an explanation in a short letter attachment.
Make sure the income is enough for all household members.

[aaron2020 11,651]

No, both of them are not required to file. My husband doesnt make enough and his father is retired.

Did they follow the I-864 instructions by providing signed statements as to why they were not required to file federal tax returns with their respective I-864?

Does your father-in-law have sufficient income or countable assets to meet the I-864 requirements?

Edited May 29, 2016 by aaron2020

[N-o-l-a 7,167]

What did you submit with the I-134? Did this issue of no tax returns not come up then?

[N and J 88]

No, both of them are not required to file. My husband doesnt make enough and his father is retired.

Just because he is retired doesn't mean he doesn't have to file

Income tax. My mother is retired and she files income taxes on her pension and social security. She gets it all back but she still files.

[Steven&Jelena 12]

Just because he is retired doesn't mean he doesn't have to file

Income tax. My mother is retired and she files income taxes on her pension and social security. She gets it all back but she still files.

Are you an tax lawyer or what? I said he is not required to file since 2009, they told him, he doesnt need to do that. I said they are not required i didnt came here to hear blah blah blah they have to do it etc... i came here to hear from people who had same expiriance like me.

Edited May 29, 2016 by Steven&Jelena

[Steven&Jelena 12]

Did they follow the I-864 instructions by providing signed statements as to why they were not required to file federal tax returns with their respective I-864?

Does your father-in-law have sufficient income or countable assets to meet the I-864 requirements?

Yes they followed that instructions and we did right as they told us to do but yet we still got an Rfe for tax returns. And yes he does have suficant income. When we filed for k1 there was no any problem, idk why that is a problem now.

[Steven&Jelena 12]

Then make them read the i864 instructions https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf so they can provide all the necessary documentation. On page 7 there is info about tax returns.

Good luck!

Thank you.

[Valor 131]

Are you an tax lawyer or what? I said he is not required to file since 2009, they told him, he doesnt need to do that. I said they are not required i didnt came here to hear blah blah blah they have to do it etc... i came here to hear from people who had same expiriance like me.

Your answer was very rude.

People are giving you different opinions based on the subject you provided but not based on your personal information. We DON'T know you so we have no idea what situations you are and are not aware of. He was right, just because your father-in-law is retired doesn't mean he doesn't need to file taxes. There are many different scenarios and not everyone knows them. You are not paying us here to give you suggestions so STOP BEING BOSSY!

[kris&me 572]

i think everyone here is confused on how you were awarded the K 1 without showing the tax documents to either NVC or in person at the interview

we all needed these to be approved

either come up with an alternative sponsor who does file taxes or a lawyer who could help

Edited May 29, 2016 by kris&me

[Rc123rc 528]

From I-864 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. If you believe additional returns may help you to
establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual
income tax returns for the three most recent years.
Form I-864 Instructions 07/02/15 N Page 8 of 16
You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a
Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.
Do not submit copies of your state income tax returns. 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 individual income tax return with the United
States 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 United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return
with your spouse and are qualifying using only your income.
If you selected Part 6., Item Number 1.b. that you are 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 income 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. See Filing Requirements in the IRS Form 1040 Filing Instructions
to determine whether you were required to file.
For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when
determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered