Complex RFE issue need sound advice (not related to previous post)

[Meggan P 40]

Good evening,

Well I have discovered a new problem in the SAGA of answering my RFE. I have a co-sponsor who makes well above the amount required. The RFE asks for co-sponsor info and my latest tax transcript. 

My Co-sponsor has his 2018 return, 2017 return, 2017 tax transcript from the IRS, and 6 months of pay stubs and an official corporate letter from his employer. 

HERE is my problem: HE did NOT file his 2016 taxes. I don't know if he forgot or what the case is, but he did not file them. 

Should I just submit his 2018 return, W2, employer letter and pay stubs?

OR should he file the return and submit it along? Is it really detrimental if we don't include the last 3 years? Could I get another RFE if we don't provide 3 years of returns? I was also considering him adding his property under assets. He owns his own home and its paid for. 

Thanks....this is driving me crazy.

[aaron2020 11,651]

6 minutes ago, Meggan P said:

Good evening,

Well I have discovered a new problem in the SAGA of answering my RFE. I have a co-sponsor who makes well above the amount required. The RFE asks for co-sponsor info and my latest tax transcript. 

My Co-sponsor has his 2018 return, 2017 return, 2017 tax transcript from the IRS, and 6 months of pay stubs and an official corporate letter from his employer. 

HERE is my problem: HE did NOT file his 2016 taxes. I don't know if he forgot or what the case is, but he did not file them. 

Should I just submit his 2018 return, W2, employer letter and pay stubs?

OR should he file the return and submit it along? Is it really detrimental if we don't include the last 3 years? Could I get another RFE if we don't provide 3 years of returns? I was also considering him adding his property under assets. He owns his own home and its paid for. 

Thanks....this is driving me crazy.

To qualify to be the co-sponsor, he will need to provide a signed letter explaining  his valid excuse for not filing a 2016 tax return with his Affidavit of Support.  This is required.  

You may get another RFE or you may get a denial if you don't include a signed valid excuse for not filing 2016 tax return.  

 

Adding his property does not excuse him from meeting the above requirement.  

[Wuozopo 4,293]

Only one actual tax return has to be mailed in.so his 2018 PLUS the W2 if he has no transcript. But the form asks for total income for three years, so what will he write on that box? Zero? Has he already done a Form or is he just coming on board because of your RFE?

 

A question for you- Is he married and filed a joint return for 2018?

[Meggan P 40]

2 minutes ago, Wuozopo said:

Only one actual tax return has to be mailed in.so his 2018 PLUS the W2 if he has no transcript. But the form asks for total income for three years, so what will he write on that box? Zero? Has he already done a Form or is he just coming on board because of your RFE?

 

A question for you- Is he married and filed a joint return for 2018?

I was just about to say the USCIS says you MAY send the last 3 years if you think it wlll help your case but it is not listed as a requirement (I just checked on the website). He filed single for 2018, In the 3rd box he would have wrote his total income amount its 50000 if I recall. He does have W2s for 2016. He just forgot to file. He has never owed taxes. He probably is due a refund. 

[aaron2020 11,651]

Just now, Meggan P said:

I was just about to say the USCIS says you MAY send the last 3 years if you think it wlll help your case but it is not listed as a requirement (I just checked on the website). He filed single for 2018, In the 3rd box he would have wrote his total income amount its 50000 if I recall. He does have W2s for 2016. He just forgot to file. He has never owed taxes. He probably is due a refund. 

Don't matter if he is due a refund for 2016.  The failure to file a 2016 tax return and no valid excuse means he does not meet the requirements of the Affidavit of Support.   

 

SInce he has W2s for 2016 and didn't file, then you are SOL.  Get a co-sponsor that qualifies.  

[Meggan P 40]

Just now, aaron2020 said:

Don't matter if he is due a refund for 2016.  The failure to file a 2016 tax return and no valid excuse means he does not meet the requirements of the Affidavit of Support.   

 

SInce he has W2s for 2016 and didn't file, then you are SOL.  Get a co-sponsor that qualifies.  

How does he fail to meet the requirement when the USCIS doesn't require the last 3 years they only say you MAY send them if you think it will help you? 

FROM USCIS:

Filing Checklist

Did you provide the following?

For ALL sponsors: 

• A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. 

[K1visaHopeful 2,817]

7 minutes ago, Meggan P said:

I was just about to say the USCIS says you MAY send the last 3 years if you think it wlll help your case but it is not listed as a requirement (I just checked on the website). He filed single for 2018, In the 3rd box he would have wrote his total income amount its 50000 if I recall. He does have W2s for 2016. He just forgot to file. He has never owed taxes. He probably is due a refund. 

The question you are referring to him answering $50000 as the amount from his W2 will not suffice for Question 24c for 2016.

 

The instructions for that question state the following:

"My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

 

Knowing what was recorded on his W2 is not enough. It has to be the amount that he reported on his income tax. To be a sponsor you have to be a taxpayer. He was not in 2016.

Edited March 22, 2019 by K1visaHopeful

[Meggan P 40]

1 minute ago, K1visaHopeful said:

The question you are referring to him answering $50000 as the amount from his W2 will not suffice for Question 24c for 2016.

 

The instructions for that question state the following:

"My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

 

Knowing what was recorded on his W2 is not enough. It has to be the amount that he reported on his income tax. To be a sponsor you have to be a taxpayer. He was not in 2016.

The question again I have though is, is it absolutely necessary to submit the last 3 tax years? Or can we just submit 2018? 

[Meggan P 40]

1 minute ago, LizM said:

Exactly what does the RFE ask for from the sponsor? 

It says I have to provide my tax return for 2018, and the co-sponsor has to provide his 2018 return, any assets he wishes to list, his SSN and proof of citizenship 

[K1visaHopeful 2,817]

9 minutes ago, Meggan P said:

The question again I have though is, is it absolutely necessary to submit the last 3 tax years? Or can we just submit 2018? 

What you submit (all three or just the most recent) is not the issue at hand. Whether he filed all three years is. 

 

You would just submit 2018.

 

You would still have to answer questions 24a, 24b, and 24c with the amounts of income he reported from his FILED tax returns from 2018, 2017 and 2016. Knowing what he made because he has a W2 for 2016 is not enough. The amounts are derived from his actual tax returns. 

If you were to input the amount from his W2 in Question 24c, what are you going to answer for 23a?

"Yes" he filed all three years of taxes? That would be untrue and certainly they could find out very easily.

If he checked "no" for 23a then he would have to check question 25 and submit a statement as to why he didnt file for 2016. Forgetting is not a valid reason. He would have to have not earned enough to not have to file. And that's not the case with him.

Edited March 22, 2019 by K1visaHopeful

[Meggan P 40]

1 minute ago, K1visaHopeful said:

What you submit all three or just the most recent is not the issue at hand. Whether he filed all three years is. 

 

You would just submit 2018.

 

You would still have to answer questions 24a, 24b, and 24c with the amounts of income he reported from his FILED tax returns from 2018, 2017 and 2016. Knowing what he made because he has a W2 for 2016 is not enough. The amounts are derived from his actual tax returns. 

If you were to input the amount from his W2 in Question 24c, what are you going to answer for 23a?

"Yes" he filed all three years of taxes? That would be untrue and certainly they could find out very easily.

If he checked "no" for 23a then he would have to check question 25 and submit a statement as to why he didnt file for 2016. Forgetting is not a valid reason. He would have to have not earned enough to not have to file. And that's not the case with him.

Yea I went on there and had a look...unless he decides to file them now he will not qualify....It has been so difficult getting what i need form this sponsor but financially he is the best choice. We would not have this problem had I just worked a little more in 2018 but here we are..

[Ann&James 179]

2 minutes ago, Meggan P said:

It says I have to provide my tax return for 2018, and the co-sponsor has to provide his 2018 return, any assets he wishes to list, his SSN and proof of citizenship 

Always provide exactly what your RFE ask for. They only ask for 2018 return from co-sponsor.

[aaron2020 11,651]

15 minutes ago, Meggan P said:

How does he fail to meet the requirement when the USCIS doesn't require the last 3 years they only say you MAY send them if you think it will help you? 

FROM USCIS:

Filing Checklist

Did you provide the following?

For ALL sponsors: 

• A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. 

There is a difference between having to provide a tax return vs. filing a tax return or having a valid excuse not to file.

REQUIREMENTS:  1.  Provide latest tax return.  2.  Provide income from last 3 years of tax returns or a valid excuse for not filing a tax return.

 

REQUIRED: Filing tax returns for 2016, 2017, and 2018.  Provide the actual tax return or tax transcript for 2018.

 

[Meggan P 40]

I consider this matter closed. There is nothing I can really do but hope that he will file the 2016 return or find a new sponsor. 

[aaron2020 11,651]

4 minutes ago, Ann&James said:

Always provide exactly what your RFE ask for. They only ask for 2018 return from co-sponsor.

That's not enough.

There is another requirement:  FILE 2016 TAX RETURN OR HAVE A VALID EXCUSE NOT TO FILE.