I-485 RFE - please advise!

[annachka 80]

Hi everyone,  thanks for your help in advance.

 

We filed for Adjustment of Status (I-485) on December 13, 2017 (receipt date 12/15/17).

 

It is 06/24/2018 today and we just received an RFE asking for the most recent tax year's return.  Here is the text as it appears:

The petitioner/sponsor on Form I-864, Affidavit of Support, must submit a complete Federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent tax year.

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.  See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

 

Here's the thing:

• At the time we filed in December of 2017, we sent IRS wage *TRANSCRIPTS* for 2014, 2015, 2016 and also 1040 forms (we left out the W2s, but it's because we sent transcripts!), along with all the other income proof
• We filed for an extension for 2017 *by mail* (so, no extension approval in writing), because we didn't have my husband's SSN.  (The reason we didn't file for his SSN before his K1 expired is because he arrived on 11/16/2017, we married on 11/28/2017, received our wedding certificate on 12/11/2017, and filed on 12/13/2017 for Adjustment of Status, EAD, and AP -- we didn't want to create confusion by filing for his SSN separately and figured that he would surely receive his SSN by April!)

 

Why did we get this RFE if we sent IRS transcripts?  Is it because they took so long to process our case that now a 2017 tax return is required?  (My income is well above the 125% poverty line).

 

What should we send for the year 2017?  I have the extension form, USPS receipt, W-2, 1099s, but don't have the IRS approval confirmation, because we filed the extension by mail.  Is it necessary for us to get the approval confirmation in writing somehow?

 

Here is our list for what to send them:

• Cover letter listing contents

• Letter they sent us requesting RFE

• Copy of W2 for 2017 

• Copy of 1099s

• Copy of Form 4868 for 2017

• Copy of USPS receipt showing they received the extension filing

• Copy of IRS Tax transcript for 2016

• Copy of IRS Tax transcript for 2015

• Copy of IRS Tax transcript for 2014

 

I've changed jobs since we filed.  Should I include new employee verification and send the most recent pay stubs?

 

So extremely disheartening to receive this after such a long wait.  We were so careful with every document, making sure to include as much evidence as possible, taking into account everyone's advice about the IRS transcripts.  We can't call USCIS tonight, so I've just been carefully combing through this website and the copy of the book we sent to verify that indeed, the transcripts are there and we haven't missed anything obvious..  If you've been through something like this or have advice, please help!

 

[geowrian 22,337]

According to the I-864 instructions, it says to send the transcript OR the 1040 + all W-2s/1099s. Sending a mix of documentation but not everything (i.e. a 1040 but not W-2s to support it) can result in an RFE/RFIE.

 

They may also have just wanted the 2017 tax return instead at this point.

Either way, you need to file a new I-864, which means using the most recent year's tax return (2017) and current income information + supporting documentation.

 

I'm not sure if it matters, but I put the RFE letter on top for the I-129F RFE we got. The instructions on it stated to do so.

The 2014 tax transcript is not relevant anymore, but it won't hurt to include it either.

Edited June 25, 2018 by geowrian

[Dashinka 24,493]

I agree, I think the fact that you sent tax transcripts as well as 1040s w/o W2s etc., may have led to the RFE.  As @geowrian stated, a new I864 is required, but if you don't have the 2017 taxes completed yet, I would just include what you do have and add an explanation in the cover letter as to why the 2017 taxes weren't filed yet i.e. you filed an extension and include the evidence you do have of the extension filing.

 

Good Luck! 

[annachka 80]

Thanks for the responses. It seems strange that including extra information would cause an RFE. I'm basically sending them documents they already have (the transcripts). I can't throw in the trash the offending documents for them, only send the good ones again. It just feels so arbitrary.

 

Does anyone know how to answer questions 18-20 in part 6 on the affidavit? Where it asks whether you filed taxes in the previous year? We filed for an extension, so a tax return is not yet processed, thus I would answer "no"? What would I put for my income from last year in the line for question 19? The number from the W2?

[Dashinka 24,493]

2 hours ago, annachka said:

Thanks for the responses. It seems strange that including extra information would cause an RFE. I'm basically sending them documents they already have (the transcripts). I can't throw in the trash the offending documents for them, only send the good ones again. It just feels so arbitrary.

 

Does anyone know how to answer questions 18-20 in part 6 on the affidavit? Where it asks whether you filed taxes in the previous year? We filed for an extension, so a tax return is not yet processed, thus I would answer "no"? What would I put for my income from last year in the line for question 19? The number from the W2?

You mentioned that you filed for an extension since your husband did not have an SSN.  Did you draft out your taxes for 2017?  If so, I would used the adjusted gross income from that calculation.  Also, if you are still waiting for the SSN, did you investigate getting your husband an Individual Taxpayer Identification Number (ITIN) so you can file the 2017 taxes?  Regardless, I would answer no since the extension was filed.

 

Good Luck!