AOS pending / RFE letter / PLS HELP

[AOS2017LP 0]

Hello, I am wondering if someone with knowledge and experience can help clarify my question regarding RFE received on pending AOS case. I am the petitioner/sponsor (US Citizen) and this is for the beneficiary, my spouse. I submitted concurrent filing of forms I-130, I-485, I-765 to USCIS and it was received by their office on 12/16/2016. I have now received an RFE letter requesting I submit the I-864 again since I made a mistake and left one section blank (forgot to fill in sponsor's name on Page 3 Part 4) and submit most recent tax returns and all supporting documents. I initially submitted tax return for most recent year 2015 as per the instructions along with previous 6 months pay stubs for 2016 showing "current annual income" I also indicated the amount of my total income for "2nd most recent" and " 3rd most recent" tax returns (2014,2013) but did not include those tax returns initially since per the instructions it was not necessary and only "optional" 

 

I am currently filling out revised form I-864 (signed) and filling out rest of the form but I've hit a dead end and can not get any clarification per the isntructions or an exact answer from any immigration forum or a USCIS Agent. On Page 6, Part 6, Item#18a they ask "Have you filed a Federal Income Tax return for each of the three most recent tax years?" The answer back in December of  2016 was clear and simple "YES" but now that I am being asked to re-submit I-864 all over again the answer would be "NO" because its now 2017 and I have not yet filed my 2016 tax returns. I am aware that I have the option to file them and then re-submit the application but I want to get this out ASAP. I normally don't file my taxes until end of March or April. So now my confusion is what should I put for Items#19a-19c. 19a asks for "Most Recent" Tax Year and Total Income for that year. Do I leave it blank or do I fill it in with same info I had previously had for 2015 Tax Year? Since its technically not the "Most Recent" tax year what should I put? Do I put N/A for 19a "Most Recent" and only fill out 19b-19c with "2nd most recent (2015)" and "3rd most recent (2014)"? Should I answer "NO" on item 18a? How should I proceed? Even though its optional I will be including the previous years tex returns this time around but depending on how I answer above questions I won't know what years to send in. I also will be including my W2 for 2016, which I am above the 125% poverty line for that year and 2015. Any help would be greatly appreciated PLEASE!! Serious replies only with personal experience in this type of case or with filling out these forms, please! Thank you!

[Megha13 49]

7 minutes ago, AOS2017LP said:

Hello, I am wondering if someone with knowledge and experience can help clarify my question regarding RFE received on pending AOS case. I am the petitioner/sponsor (US Citizen) and this is for the beneficiary, my spouse. I submitted concurrent filing of forms I-130, I-485, I-765 to USCIS and it was received by their office on 12/16/2016. I have now received an RFE letter requesting I submit the I-864 again since I made a mistake and left one section blank (forgot to fill in sponsor's name on Page 3 Part 4) and submit most recent tax returns and all supporting documents. I initially submitted tax return for most recent year 2015 as per the instructions along with previous 6 months pay stubs for 2016 showing "current annual income" I also indicated the amount of my total income for "2nd most recent" and " 3rd most recent" tax returns (2014,2013) but did not include those tax returns initially since per the instructions it was not necessary and only "optional" 

 

I am currently filling out revised form I-864 (signed) and filling out rest of the form but I've hit a dead end and can not get any clarification per the isntructions or an exact answer from any immigration forum or a USCIS Agent. On Page 6, Part 6, Item#18a they ask "Have you filed a Federal Income Tax return for each of the three most recent tax years?" The answer back in December of  2016 was clear and simple "YES" but now that I am being asked to re-submit I-864 all over again the answer would be "NO" because its now 2017 and I have not yet filed my 2016 tax returns. I am aware that I have the option to file them and then re-submit the application but I want to get this out ASAP. I normally don't file my taxes until end of March or April. So now my confusion is what should I put for Items#19a-19c. 19a asks for "Most Recent" Tax Year and Total Income for that year. Do I leave it blank or do I fill it in with same info I had previously had for 2015 Tax Year? Since its technically not the "Most Recent" tax year what should I put? Do I put N/A for 19a "Most Recent" and only fill out 19b-19c with "2nd most recent (2015)" and "3rd most recent (2014)"? Should I answer "NO" on item 18a? How should I proceed? Even though its optional I will be including the previous years tex returns this time around but depending on how I answer above questions I won't know what years to send in. I also will be including my W2 for 2016, which I am above the 125% poverty line for that year and 2015. Any help would be greatly appreciated PLEASE!! Serious replies only with personal experience in this type of case or with filling out these forms, please! Thank you!

Hi, why did you get RFE??? because yo forgot to fill in sponsor's name???? I think since you filled your application for year 2016, most recent will be considered 2015. But I am not sure. To be on safe side, file your income tax for 2016 early. Through turbo tax it just takes half an hr.

[AOS2017LP 0]

1 minute ago, Megha13 said:

Hi, why did you get RFE??? because yo forgot to fill in sponsor's name???? I think since you filled your application for year 2016, most recent will be considered 2015. But I am not sure. To be on safe side, file your income tax for 2016 early. Through turbo tax it just takes half an hr.

Thank you but as I stated above I am aware that's one of my options but it does not work for me since I file my taxes later in the year. What I need is clarification on the specific questions I asked on items#18a - #19c

[Megha13 49]

Then include your recent w2, and send a cover letter that you will file the return for 2016 at march/april, and for 18a and 19c write whatever you wrote on your previous submission, that is your  three most tax return 2015, 2014 and 2013. 

 

Also wait for others what they say.... Like if you have to file 2016 tax now or not. 

[LionessDeon 2,060]

 2016 tax returns are not due yet. the deadline isn't until April 15, 2017. So as of right now 2015 is the most current tax year. I received an RFE for the I 864 document as well.  they asked me to resend on my tax documents W-2s and paystub's also. I think it's just a formality that they ask you to resend all that information and I would just comply with it so you have a successful RFE outcome.  Don't overthink it. Your most recent past three tax years are 2013,  2014 and 2015  

[Megha13 49]

1 minute ago, LionessDeon said:

 2016 tax returns are not due yet. the deadline isn't until April 15, 2017. So as of right now 2015 is the most current tax year. I received an RFE for the I 864 document as well.  they asked me to resend on my tax documents W-2s and paystub's also. I think it's just a formality that they ask you to resend all that information and I would just comply with it so you have a successful RFE outcome.  Don't overthink it. Your most recent past three tax years are 2013,  2014 and 2015  

Yes I also think so. He can include a cover letter that he will file on march or april

[Megha13 49]

3 minutes ago, LionessDeon said:

 2016 tax returns are not due yet. the deadline isn't until April 15, 2017. So as of right now 2015 is the most current tax year. I received an RFE for the I 864 document as well.  they asked me to resend on my tax documents W-2s and paystub's also. I think it's just a formality that they ask you to resend all that information and I would just comply with it so you have a successful RFE outcome.  Don't overthink it. Your most recent past three tax years are 2013,  2014 and 2015  

Did they mention why did you get rfe for i-864?

[LionessDeon 2,060]

Household size was not completed properly. It's really not necessary to mention 2016 in your cover letter but if it makes you feel better by all means include it. You could include 2016 W2s and simply state taxes will be filed by deadline. 

[Megha13 49]

1 minute ago, LionessDeon said:

Household size was not completed properly. It's really not necessary to mention 2016 in your cover letter but if it makes you feel better by all means include it. You could include 2016 W2s and simply state taxes will be filed by deadline. 

 okay. 

[M*M 26]

Also Why dont you file the taxes for 2016 now and send the Tax documents as well.

[AOS2017LP 0]

2 hours ago, LionessDeon said:

 2016 tax returns are not due yet. the deadline isn't until April 15, 2017. So as of right now 2015 is the most current tax year. I received an RFE for the I 864 document as well.  they asked me to resend on my tax documents W-2s and paystub's also. I think it's just a formality that they ask you to resend all that information and I would just comply with it so you have a successful RFE outcome.  Don't overthink it. Your most recent past three tax years are 2013,  2014 and 2015  

Hello and thank you so much for your response. So just to be clear you had this same issue where tax years overlapped and you sent revised I-864 back with corrections and documents requested on RFE and it was processed correctly? If so, just to reiterate I answer YES to question #18a "Have you filed three most recent tax years" and answer questions #19a-19c same as on previous I-864 with "Most Recent" Tax Year filed as 2015, "2nd most recent" as 2014, and "3rd most recent" as 2013?

[AOS2017LP 0]

On 1/27/2017 at 6:00 PM, LionessDeon said:

Household size was not completed properly. It's really not necessary to mention 2016 in your cover letter but if it makes you feel better by all means include it. You could include 2016 W2s and simply state taxes will be filed by deadline. 

Thanks again for your advice. I did a bit more research and you are correct with everything you suggested. Mailed it out today, fingers crossed