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Filed: K-1 Visa Country: Tunisia
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Can someome please help me , i need to write an explanation  of why im not required to file taxes for the current year, also can I obtain a non filing letter from IRS for 2019? I am on SSDI

Edited by Marouane 111
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Filed: K-1 Visa Country: Tunisia
Timeline

I received  an RFE today about missing letter explaining  why i dont file taxes, but when i sent out everything  i also forgot to send in DS3025 ( vaccination ) however they didnt ask about this in my RFE, is it possible to get another RFE? My package is at the National  Benefits  Center now

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2 hours ago, Marouane 111 said:

I received  an RFE today about missing letter explaining  why i dont file taxes, but when i sent out everything  i also forgot to send in DS3025 ( vaccination ) however they didnt ask about this in my RFE, is it possible to get another RFE? My package is at the National  Benefits  Center now

It's possible yes, but they will definitely ask for it or a I-693 during your interview.


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Check out the medical section of the I485 instructions.

You DON'T have to submit any medical documents with I485.

You CANNOT get an RFE for medical documents because they are not a required submission.

You CAN simply bring them to your interview.

The DS3025 is a RECOMMENDED submission with I485 BUT it was ALREADY submitted at your POE. You would submit it with I485 ONLY to act as a FLAG to show your adjudicator that you completed your medical overseas so they go find your medical in your A-file.

Again, please read the I485 instructions AND understand I693 does not pertain to you as a K1 who completed their medical overseas AND filed AOS within one year.

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Filed: AOS (apr) Country: Philippines
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7 hours ago, Marouane 111 said:

Can someome please help me , i need to write an explanation  of why im not required to file taxes for the current year, also can I obtain a non filing letter from IRS for 2019? I am on SSDI

A non filing letter only proves you didn't file,  not the reason why 

YMMV

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Filed: K-1 Visa Country: Tunisia
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1 hour ago, payxibka said:

A non filing letter only proves you didn't file,  not the reason why 

Thanks! Also, is it required to get the non filing letter, and when they say for current year, onviously my package wont go out until after the new year 2020 so im assuming  they want for 2019, i dont think the IRS gives non filing letters yet for 2019 until April , so can i just write the letter or should i send other documents as well? Thanks so much!

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Filed: AOS (apr) Country: Philippines
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31 minutes ago, Marouane 111 said:

Thanks! Also, is it required to get the non filing letter, and when they say for current year, onviously my package wont go out until after the new year 2020 so im assuming  they want for 2019, i dont think the IRS gives non filing letters yet for 2019 until April , so can i just write the letter or should i send other documents as well? Thanks so much!

What are they asking for?  Proof of non filing or an explanation of why you  were not required to file?

 

Hint: it's about the explanation 

YMMV

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Filed: K-1 Visa Country: Tunisia
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41 minutes ago, payxibka said:

What are they asking for?  Proof of non filing or an explanation of why you  were not required to file?

 

Hint: it's about the explanation 

It says explanation why you are no required to file , it says for current tax year, i did send the non filing for 2016, 2017, and 2018 , so im just curious so they need explanation for 2019?

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Filed: K-1 Visa Country: Tunisia
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This is my RFE,  " The petitioning sponsor on form I864 Affidavit of support, must submit a complete federal income tax return submitted in the Federal Revenue Service (IRS) for the most recent tax year. If you submit a transcript it must be it must be a tax return transcript from the IRS. If you were not required to file a federal income tax return under the 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"  .... I would of sent a pucture but my phone takes bad pictures. SO ,will i explain about 2019, because i will be sending probably after the new year...thanks so much in advance!

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26 minutes ago, Marouane 111 said:

This is my RFE,  " The petitioning sponsor on form I864 Affidavit of support, must submit a complete federal income tax return submitted in the Federal Revenue Service (IRS) for the most recent tax year. If you submit a transcript it must be it must be a tax return transcript from the IRS. If you were not required to file a federal income tax return under the 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"  .... I would of sent a pucture but my phone takes bad pictures. SO ,will i explain about 2019, because i will be sending probably after the new year...thanks so much in advance!

They are referring to the 2018 transcript, not 2019.

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17 minutes ago, Jorgedig said:

They are referring to the 2018 transcript, not 2019.

Yeah... agreed, the transcript needs to match that mentioned on the AOS so 2018

 

if you want to file the 2019 one you’ll need a new AOS to record the earnings on..

Edited by Duke & Marie

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Filed: K-1 Visa Country: Tunisia
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13 minutes ago, Duke & Marie said:

Yeah... agreed, the transcript needs to match that mentioned on the AOS so 2018

 

if you want to file the 2019 one you’ll need a new AOS to record the earnings on..

So, i just need to explain why i didnt file federal taxes for 2018? I do not file taxes at all because my income is low enough not to file and im in SSDI 

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4 minutes ago, Marouane 111 said:

So, i just need to explain why i didnt file federal taxes for 2018? I do not file taxes at all because my income is low enough not to file and im in SSDI 

Yes, that’s what the RFE is saying, if you didn’t need to file them, explain why... 

 

bare in mind, that may result in you having insufficient earnings to sponsor, which is rectified by having a joint sponsor..

 

I’m not sure how SSDI affects sponsoring etc.. but I’m sure others can provide more detail if it’s relevant. 

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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Filed: K-1 Visa Country: Tunisia
Timeline
6 minutes ago, Duke & Marie said:

Yes, that’s what the RFE is saying, if you didn’t need to file them, explain why... 

 

bare in mind, that may result in you having insufficient earnings to sponsor, which is rectified by having a joint sponsor..

 

I’m not sure how SSDI affects sponsoring etc.. but I’m sure others can provide more detail if it’s relevant. 

I already have sponsor and co sponsor as well,  but they are just asking about my income 

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Just now, Marouane 111 said:

I already have sponsor and co sponsor as well,  but they are just asking about my income 

Sponsor and co sponsor?  I think you mean that as the petitioner, you are the sponsor, and you have a joint sponsor.

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