K1 AOS I 864 - no tax return for 2018

[Anna_stasia 0]

Hi everyone!

 

I have filed I 864, but I didn't attach any tax return for 2018 because I don't have one, as I wasn't required to file and I have attached a written explanation, but I got an RFE asking for tax return for 2018 or written explanation  if I wasn't required to file, which is my case. But I have done it already. 

So I was thinking about citing IRC or IRS publication where it is clearly stated that a person that had no income is NOT required to file a tx return. I was trying to do my own research, that what I found so far:

1) IRC 26 U.S. Code § 6011.General requirement of return, statement, or list

2) IRC 26 U.S. Code § 6012.Persons required to make returns of income:

"26 U.S. Code § 6012. Persons required to make returns of income U.S. Code Notes Authorities (CFR) prev | next (a) General ruleReturns with respect to income taxes under subtitle A shall be made by the following: (1) (A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individual"

 

"The requirement to file an income tax return is set forth in sections 6011(a), 6012(a), et seq., and 6072(a) of the Internal Revenue Code." - https://www.irs.gov/privacy-disclosure/the-truth-about-frivolous-tax-arguments-section-i-a-to-c#A3

 

About Publication 501, Standard Deduction, and Filing Information - https://www.irs.gov/pub/irs-pdf/p501.pdf

About Publication 17, Your Federal Income Tax (For Individuals) - https://www.irs.gov/forms-pubs/about-publication-17  , https://www.irs.gov/pub/irs-pdf/p17.pdf

About Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad - https://www.irs.gov/pub/irs-pdf/p54.pdf

 

Which one of these should I cite and how?

 

here's a draft of my explanation:

 

"I, __________, the petitioning sponsor, have not submitted a copy of my Federal income tax return for the most recent year because I have not filed tax return for 2018 due to having no income. Therefore I was not required to file a Federal income tax return for these periods, per instructions on IRS website (Publication 501, Publication 17, Publication 54,) and as it is set forth in in sections 6011(a), 6012(a), et seq., and 6072(a) of the Internal Revenue Code."

Thanks for your help in advance!

[Pitaya 2,577]

Why not include a free IRS tax transcript, utilizing the last option mentioned on the IRS link, "verification of non-filing letter," to supplement your claim?

 

https://www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them

[givionte 138]

Do what Pitaya just said.  Submit the transcript of non-file, it's easy to download and print off the IRS website.  You also should submit the letter, but you don't need so much legalese written, just a simple explanation of "I, Donald D. Duck, was exempt from filing a US tax return for 2018 as I had no income.  Attached to this letter is the IRS transcript Verification of non-filing."

Edited July 17, 2019 by givionte

[Anna_stasia 0]

21 hours ago, givionte said:

Do what Pitaya just said.  Submit the transcript of non-file, it's easy to download and print off the IRS website.  You also should submit the letter, but you don't need so much legalese written, just a simple explanation of "I, Donald D. Duck, was exempt from filing a US tax return for 2018 as I had no income.  Attached to this letter is the IRS transcript Verification of non-filing."

Thanks, well, I guess the transcript of non-file should help , I was just surprised that they are asking for an explanation again when I have already submitted one... As if they don't have the one I've sent

[K1visaHopeful 2,878]

1 hour ago, Anna_stasia said:

Thanks, well, I guess the transcript of non-file should help , I was just surprised that they are asking for an explanation again when I have already submitted one... As if they don't have the one I've sent

They do lose things.....

[Pitaya 2,577]

1 hour ago, K1visaHopeful said:

They do lose things.....

Isn't that the truth?  And then we are left to pick up the pieces, and glue it back together again.....

[K1visaHopeful 2,878]

2 minutes ago, Pitaya (火龙果) said:

Isn't that the truth?  And then we are left to pick up the pieces, and glue it back together again.....

And wonder if we are the crazy ones when they couldnt even be honest in the first place and admit they simply lost something.

[Pitaya 2,577]

10 minutes ago, K1visaHopeful said:

And wonder if we are the crazy ones when they couldnt even be honest in the first place and admit they simply lost something.

 

The sad part is I fear with the latest saber-rattling inside the Beltway will result in obviously more ICE involvement in illegal immigration, but also more "enhanced enforcement" by USCIS, including ICE, with legal immigration issues, including even more prolonged delays in processing. And the whole damn lot of politicos, of every flavor, don't seem to give a hoot about the effect it is having on the legal immigration community.....I hope that I am wrong.... Sorry, I digressed.

Edited July 18, 2019 by Pitaya (火龙果)