RFE for Tax documents and income proof

[shoesoff 6]

Hello VJers,

 

My wife and I returned home from a short trip up to Olympia on the weekend to a scary looking yellow letter from USCIS with 'REQUEST FOR INITIAL EVIDENCE (I-485)' written on the front. Our first ever RFE!

I read through the letter and rather than get panicky and worried about my case and what it meant for our timeline, I simply became very confused.

Here's what they are asking me to provide:

 

• All supporting tax documentation submitted to the IRS for the most recent year.

 

We submitted a copy of my wife's W2, her 1099g (federal and state tax documents) and her Turbotax transcript for 2017. The RFE lists form 2555 and 'all supporting tax schedules' but in all my research for the AOS package, all I heard about was people submitting their tax transcript, W2s and 1099s. Did we miss a document? What is a 2555? And what would a tax schedule look like!?

I also wondered if maybe they are asking for 2018 tax documents, but at the time we sent the package we hadn't filed our 2018 taxes yet (and actually wont be until later in the year because, without an SSN I cannot file) and what about people filing in January who also wont have necessarily filed their taxes yet?

Did I simply miss some documents?

 

• Based on the documents submitted with Form I-864, Affidavit of Support, the income did not meet 125% of the poverty guideline for the household size. Submit evidence of assets or obtain a joint sponsor.

 

My wife was the sponsor. She filled out the I-864 and we included 8 of her most recent pay stubs and a letter from her employer stating her current job title, hours and salary (just under $38,000). I just checked, again, what the poverty guideline amount is for a 2 person household - it's $16,240. Making 125% equal to $20,300. So, what is it that is leading them to believe my wife doesn't earn enough? We obviously wrote her current salary in the form itself too, which makes it all the more confusing. They are asking for us to list assets to make up the difference in the income amount but there is no difference.  Are they basing it on the amount that she earned last year? Because that wasn't above the FPL - but I distinctly remember discussions on here about it being more important what the sponsor is 'currently' earning. Not what they happened to earn last year.

 

Any thoughts on these? I feel like I've missed something but I can't for the life of me figure out what it is. I genuinely considered the fact that the letter arrived on April 1st... and whether this is all some big joke.

Obviously I'm keen to get this all squared away as soon as possible.

We really appreciate any help or advice y'all can share.

 

Thank you.

[arken 4,197]

The RFE also lists what’s missing before they ask for what to send. If you list that too, may be it will be more clear.

 

Judging by your statement, it looks like they wanted the tax return documents for the most recent year and that is 2017 ( what you said about the submitted 2017 tax return is actually 2016 tax return). Once they do not accept the i864, they don’t accept the income that’s why the second point about the insufficient income was about. The rfe is generic so not all schedules or forms they mention may apply to you.

 

Not to create more confusion, it’s better if your wife submits another i-864 with the tax return documents from 2017. It’s already 4/2 and tax return filing deadline is 

4/17 unless one applies for extension. If she has not already filed return for 2017, tell her to do so and submit those documents along with i864.

 

[shoesoff 6]

Hi Arken,

Thanks for the reply.

 

The RFE goes straight from telling me why they are writing (they need more evidence) to 'What you need to do', which has the two main bullet points I listed above. There's not really a list of missing documents, other than the ones mentioned in the bullet points.

 

We filed for an extension on our 2017 tax return on the basis that we will be filing together, but I do not yet have my SSN, and therefore can't actually file. Do you think it would be better for my wife to file independently and we then submit THAT return with the W2, 1099g and any other tax forms I can find?

 

The reason we wanted to file together is that I have income from overseas that will apparently (very unfairly) be taxed over here but speaking to a tax representative, she assured us that by filing together we would be due a refund at the end of the process. The other complicated thing is that I meet the substantial presence test and therefore technically have to file my taxes, but, again, I don't have an SSN and wont until I get my combo card so I can't file for an extension or anything... Also, if my wife files, she would have to file married - separate, correct? But doing that seems to require the spouses SSN (again, don't have one) and if she files as single, she's lying about being married...

 

Am I over complicating the matter? If we had filed the AOS in December or January, would they still be asking for the 2017 tax return? As it's before the tax deadline, I'd have thought the "most recent tax year" would have been 2016 but it sounds like that's not the case.

 

Again, we appreciate you taking the time to help us with this. Thank you.

[mysticdolphin95 431]

Hmm, I'd like to know the outcome of this.  We just filed the AOS packet last month and all I included were my 2016, 2015, and 2014 transcripts as 2016 was the "most recent tax year" at that point.  I just got my federal return back and state isn't fully completed yet...so I hope they don't expect those documents to be in there.   Looking at your timeline, it looks like we filed at about the same time - you really got an RFE back in less than a month?

 

Why don't you have an SSN yet?  It's a pretty quick process - my now-husband got his card less than a week after visiting the Social Security office.  

[shoesoff 6]

4 minutes ago, mysticdolphin95 said:

you really got an RFE back in less than a month?

I was pretty surprised by that too! Again, another thing that makes it all a little more fishy... But the upside is that it looks like they're dealing with things pretty quickly.

I got my Biometrics appointment letter earlier than I thought I would too. It's this Friday in fact!

 

5 minutes ago, mysticdolphin95 said:

Why don't you have an SSN yet?  It's a pretty quick process - my now-husband got his card less than a week after visiting the Social Security office.  

One of my biggest regrets. I forgot to sort out my SSN in the run up to the wedding (lots going on) and immediately after I got married we moved to Portland from California and had to find a place to live, look for a job for my wife etc. I just didn't get it sorted. But it happens, right? I can't be the only person to ever be in this situation.

 

Really not sure what to do. The tax representative I spoke to seemed confident that I wasn't doing anything wrong and that my situation was understandable and not problematic. At this point though, I just want to be done with paperwork and be able to live with my wife without feeling like I have to look over my shoulder, even for small reasons.

[mysticdolphin95 431]

Well, if you were granted an extension for your 2017 filings I'm sure the SSN is not a problem, no (as long as you have one before filing, of course!).  I think that the tax end is probably fine (although I know close to nothing - since we got married in 2018, we're not dealing with married vs. single) but maybe worth it to get a 2nd opinion - or just hire a CPA to do your taxes?  I guess I'd just play it safe and send in your 2017 returns when you have them, though obviously you'll be waiting at least a few weeks.  If you haven't already, I'd suggest your wife get a copy of her tax transcripts for the past years instead of the returns - that way you don't have to provide any additional documentation.

 

My husband also has biometrics coming up shortly, but our field office is crazy slow so we're expecting at least a year for the green card.  Maybe yours is just super fast!  

Edited April 2, 2018 by mysticdolphin95

[Wuozopo 4,293]

5 hours ago, shoesoff said:

We submitted a copy of my wife's W2, her 1099g (federal and state tax documents) and her Turbotax transcript for 2017. The RFE lists form 2555 and 'all supporting tax schedules' but in all my research for the AOS package, all I heard about was people submitting their tax transcript, W2s and 1099s. Did we miss a document? What is a 2555? And what would a tax schedule look like!?

You simply did not send a proper tax return which kicked off the rest of that rhetoric in the RFE. It is not specific to you and is very generalized. You also also did not read the instructions to the form or you would have known that state documents are not sent. Anything that says "TurboTax" is not a tax document. A TurboTax transcript is nothing they accept. 

 

So get the required tax document right and the rest will go away.

 

Until April 17, her latest tax return is tax year 2016. It would be great to offer 2017 since this is April, but you didn't go get your SSN before your K1 opportunity for one ended (Day 76 in the country). So 2017 is not a quick option for you now without a SSN or ITIN.

 

Go to 2016 TurboTax and find the print option that says "only documents for filing". That cuts out the massive amount of extra pages TurboTax generates. If it says "Worksheet" or "summary" or "comparison" or "Thank you for using TurboTax" then it ain't the right thing.

 

The  basic form is 1040 (or 1040A or 1040 EZ for simple returns.) Then there can be other forms depending on her source of Income. Some are called FORM 123 and some are named SCHEDULE XYZ. Some common Schedules one might have in their tax return are

Schedule A (where you can itemize deductions)

Schedule B (if she earned any interest/dividends from a bank account or investment)

Schedule C (if she is self employed)

Schedule D (if she had stock she sold for a profit...capital gains)

Form 2555 (if she reported your foreign income then excluded it from being taxed)

 

So figure out what forms and schedules are part of the federal return AND include the income statement for that tax year, which could be W2 if an employee or 1099-MISC if she is a contractor. That comes from her employer to be used figuring taxes.

 

 OR  instead of figuring all that paperwork out, print an IRS tax return transcript for 2016. Note, it is not an IRS tax account transcript. That tax return transcript is a stand alone document and does not require W2 etc. because it comes from the IRS. Find it online here  https://www.irs.gov/individuals/get-transcript She can get it online but she has to have a number of things to verify her identity. Read those before diving in.

 

 

 

[shoesoff 6]

Hi Wuozopo,

 

Thank you so much for your help. My wife actually requested her 2016 tax transcript from the IRS before we sent of the AOS package but it was sent to her mom's house (where she filed last year) and there was a little tension between the two of them that meant it wasn't as easy to get our hands on it. I THINK it was brought down with her the last time she visited though so, assuming it's around the house somewhere, it sounds like you're saying thats all I need to send in. Is that correct? Or do I still need to get the 'only documents for filing' from TurboTax as well?

 

I can sort of understand how these missing files could potentially lead to the generic issues about the salary not being enough, but is there any way I can be sure that they haven't missed something? They talk pretty extensively about assets and how we should be listing them to make up 'the difference'. Is that all rhetoric? If I send these proper tax documents in (with a new I-864??) will the evidence I already submitted for her proof of employment still be sufficient? Or are they now looking for an entirely new form which they will then use as information to base the application from?

 

Thank you again!

[arken 4,197]

Okay, so you hadn’t submitted all the tax docs. Your wife can instantly download the transcript online from IRS, no need to look for the diffcult-to-get old transcript.

while responding, you don’t need to send a new i864. The section about insufficient income was the outcome of the first section about tax return. You don’t need to send those evidences again, but if it makes you sleep better, sending the latest income evidences again doesn’t hurt.

 

 

[Wuozopo 4,293]

2 hours ago, shoesoff said:

Hi Wuozopo,

 

Thank you so much for your help. My wife actually requested her 2016 tax transcript from the IRS before we sent of the AOS package but it was sent to her mom's house (where she filed last year) and there was a little tension between the two of them that meant it wasn't as easy to get our hands on it. I THINK it was brought down with her the last time she visited though so, assuming it's around the house somewhere, it sounds like you're saying thats all I need to send in. Is that correct? Or do I still need to get the 'only documents for filing' from TurboTax as well?

 

I can sort of understand how these missing files could potentially lead to the generic issues about the salary not being enough, but is there any way I can be sure that they haven't missed something? They talk pretty extensively about assets and how we should be listing them to make up 'the difference'. Is that all rhetoric? If I send these proper tax documents in (with a new I-864??) will the evidence I already submitted for her proof of employment still be sufficient? Or are they now looking for an entirely new form which they will then use as information to base the application from?

 

Thank you again!

Well I've read RFEs that say the same thing as yours for 5-6 years. And they pretty much did not understand what the tax return requirement is. 

 

If you find the tax transcript, that should do it in my opinion. It's like if you don't send the proper tax return document, then they won't look at anything else. Full stop. You don't qualify. So they name all the possible solutions when one doesn't qualify on salary...get a joint sponsor, prove assets, etc. You know her salary qualifies. Read the I -864 instructions. You missed a lot.. Review your form for errors. 

Required: latest federal tax return +W2 or Transcript only (as detailed before) No state

Optional: 6 months of pay slips

Optional: employment letter.

 

Where you listed current income, be sure something documents that. If she says $50,000 then you don't want an employer letter that says $48,500.  So put exactly what the employer said, never more than you can document with evidence. It's fine to submit all of it again. Surely you kept a photocopy before you mailed. 

 

 

 

Edited April 3, 2018 by Wuozopo

[janet3 1,170]

8 hours ago, arken said:

The RFE also lists what’s missing before they ask for what to send. If you list that too, may be it will be more clear.

 

Judging by your statement, it looks like they wanted the tax return documents for the most recent year and that is 2017 ( what you said about the submitted 2017 tax return is actually 2016 tax return). Once they do not accept the i864, they don’t accept the income that’s why the second point about the insufficient income was about. The rfe is generic so not all schedules or forms they mention may apply to you.

 

Not to create more confusion, it’s better if your wife submits another i-864 with the tax return documents from 2017. It’s already 4/2 and tax return filing deadline is 

4/17 unless one applies for extension. If she has not already filed return for 2017, tell her to do so and submit those documents along with i864.

 

They cannot request the tax documents for 2017 because the deadline for filing those taxes has not passed as of yet (not to mention, one can submit a request for extension).

[janet3 1,170]

I understand the confusion.....but I believe what they want is the most recent tax transcripts  (2014, 2015, 2016) and a copy of the W2 from 2017. 

You can get the transcripts from the IRS website. You will not need to provide a copy of the 2017 tax transcript because it is not due as of yet.....

[s d 4]

I had the biometrics appointment on jan3 2018. I also got an rfe on jan 10th over my income. I had the same trouble on k1 one visa at embassy in bogota. I included my current taxes. but they look at line 22 on the 1040 and if it is not 125% of poverty level they will request more documents and a co-sponsor. even when I sent in all tax forms etc. and my  award letter from V.A. and S.S. In my case most of my income comes from a Veterans Administration pension and Social Security which are non taxable and do not show on 1040. I receive 3 times the poverty level. I have a seasonal job that does meet the 125% poverty level. I sent in the award letters that I receive as evidence. And still got rfe. The immigration lawyer told me that they just look on line 22 on 1040 and just send rfe if it does not meet the 125% poverty level. I had to get congressman to contact embassy in bogota to get it straighten out. That's what happen has in our case. I hope this helps.

Edited April 3, 2018 by s d

[Wuozopo 4,293]

1 hour ago, janet3 said:

and a copy of the W2 from 2017. 

A W2 without a corresponding tax return will get you an RFE. I've seen it happen. They assume if you sent the W2, they want the matching tax return. Thus you are incomplete in your submission so you get the 'ol "you don't qualify" notice.  A W2 alone is nothing. Read the instructions and do what they say. 

[June2018 3]

22 hours ago, shoesoff said:

We filed for an extension on our 2017 tax return on the basis that we will be filing together, but I do not yet have my SSN, and therefore can't actually file.

I filing jointly and my spouse had no SSN at the time.

When I filed my 1040 we included an application for an ITN ( Form W-7 ) 

The 1040 was filed with the space for my spouses SSN left blank.

 

https://www.irs.gov/individuals/international-taxpayers/general-itin-information