Second RFE for I-864 (merged threads)

[pilotkausa 5]

I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentioned the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't take my legally obtained income into consideration).
We have filed for an extension to file income tax return for 2015. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work), letter of employment from his job (his contractor, so he doesn't have a set salary), my W-2s etc.
2 weeks later I have gotten 2nd RFE stating that we need to send just complete Federal Tax paperwork for 2015 (2015 was hand written by IO). How can they ask for it, when I attached an extension to file taxes?
I even found official articles and policy manual on USCIS.gov when it stated that if customer provide them with an IRS extension, IO should consider 2014 year to be current.
We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
I have called USCIS customer service and talked to Tier 2 officer and she told me that I'm basically right and I have to resend all the paperwork I already submitted twice before the dateline...

I'm so confused. What are my options?

[pilotkausa 5]

I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentioned the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't take my legally obtained income into consideration).
We have filed for an extension to file income tax return for 2015. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work), letter of employment from his job (his contractor, so he doesn't have a set salary), my W-2s etc.
2 weeks later I have gotten 2nd RFE stating that we need to send just complete Federal Tax paperwork for 2015 (2015 was hand written by IO). How can they ask for it, when I attached an extension to file taxes?
I even found official articles and policy manual on USCIS.gov when it stated that if customer provide them with an IRS extension, IO should consider 2014 year to be current.
We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
I have called USCIS customer service and talked to Tier 2 officer and she told me that I'm basically right and I have to resend all the paperwork I already submitted twice before the dateline...

I'm so confused. What are my options?

[Cheezees 1,514]

Find another joint sponsor.

[EM_Vandaveer 2,408]

Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Edited June 8, 2016 by EM_Vandaveer

[Valkyrja 3]

We had a similar situation and also filed in feb of 2016. We turned in everything they asked for, including taxes for 2012-15, but since they didn't accept the fingerprint filing for AOS until April, we got an RFE. Come to find out, our wonderful immigration lawyers left ALL of our income and assets blank on the form and just sent in copies of some of what we had turned in. Needless to say, we fired them and did it ourselves. We refilled out the papers, included documentation and a cover letter, and did the 2016 taxes.

I would suggest going ahead and doing a quick file for your taxes (IRS has free ones on their website) then sending in an amended return later. Get USCIS whatever they need ASAP! Right now, they're more important than the IRS.

Good luck!!

Edited June 10, 2016 by Valkyrja

[Pitaya 2,577]

~Duplicate threads merged~

~Moved to from Fam.-based AOS to WStudentT-based AOS forum, adjusting from student visa~

~Please refrain from multiple posting of same topic~

Pitaya

VJ Moderation

[pilotkausa 5]

Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!

[pilotkausa 5]

Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!

[ghizn86 0]

On 7/16/2016 at 3:58 PM, pilotkausa said:

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!

Fist of all, congratulations on your belated green card.

I am in the similar situation. I am a US citizen sponsoring my mother and I have joint sponsor, who is self employed and filled an extension. Also got RFE. 

Would you mind sharing your magical letter?