What Options Do I Have For RFE On Last Year Taxes, But I've Spouse Has Filed An Extension On Them

[CanadianTank 9]

I have submitted my AoS (I-130/I-485) and everything was accepted. However, we just got an RFE for last year taxes. My spouse's accountant is filing for an extension on his taxes until October, and this is outside the RFE window.

I was wondering if there's any options that I may have.

[Crazy Cat 41,888]

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Edited July 17, 2020 by Lucky Cat

[Crazy Cat 41,888]

***Moved from IR-1/CR-1 area to Adjustment of Status from Work, Student, and Tourist visas as seems more appropriate.  CanadianTank If that is the wrong area, I will move it accordingly.

Edited July 17, 2020 by Lucky Cat

[mbssss 108]

On 7/17/2020 at 10:55 AM, CanadianTank said:

I have submitted my AoS (I-130/I-485) and everything was accepted. However, we just got an RFE for last year taxes. My spouse's accountant is filing for an extension on his taxes until October, and this is outside the RFE window.

I was wondering if there's any options that I may have.

Did you send them his W-2 and a copy of the filled out tax-forms? 

[CanadianTank 9]

2 hours ago, mbssss said:

Did you send them his W-2 and a copy of the filled out tax-forms? 

No. The lawyer said we can begin the process without needing the tax forms and he is correct. But now we are just waiting for the accountant to finish the taxes so we can submit everything

 

This is a bit of a silly question, but what tax forms do they need?

[mbssss 108]

1 minute ago, CanadianTank said:

No. The lawyer said we can begin the process without needing the tax forms and he is correct. But now we are just waiting for the accountant to finish the taxes so we can submit everything

 

This is a bit of a silly question, but what tax forms do they need?

Just the transcripts that you can get from the IRS website. Do you just bring it to the interview? We are in a bit of a similar situation for the self sufficiency form as my federal taxes have not been processed yet so I was just gonna send my W-2 and a copy of the return in the meantime. 

[Crazy Cat 41,888]

18 minutes ago, CanadianTank said:

No. The lawyer said we can begin the process without needing the tax forms and he is correct. But now we are just waiting for the accountant to finish the taxes so we can submit everything

 

This is a bit of a silly question, but what tax forms do they need?

Are you adjusting status from a tourist visa?

[Cornflake 108]

Did you get RFI or RFIE? Because it sounds like you didn't send what's required. In my understanding everything related to taxes are very important for USCIS. 

 

I got an RFIE because I didn't send 1099 (my husband is self employed). The letter from USCIS was kinda general and it didn't say exactly what they need. So I was scared because I wasn't sure if I send not what they want would they send me RFIE again or just gonna reject my case. So I hired a lawyer whom my friend recommended, and she explained to me that I have to send form 1099. Plus I wrote an explanation letter.  I sent everything back within two weeks. 

 

I'm not sure if this information helps I just wanna point that taxes are important thing. 

 

 

[geowrian 22,337]

2 hours ago, CanadianTank said:

No. The lawyer said we can begin the process without needing the tax forms and he is correct.

If he meant begin as in file for AOS, then no - he was incorrect. The tax forms are a requirement at the time of filing an I-864 packet.

Honestly, you were lucky to get an RFIE instead of an outright denial. USCIS updated their policies about 2 years ago specifically to deny cases where they are filed with missing required documentation with the expectation of receiving an RFE/RFIE later (so-called "placeholder" applications). See https://www.uscis.gov/sites/default/files/files/nativedocuments/USCIS_Policy_Update_on_Issuing_RFEs_and_NOIDs.pdf.

Others actually have been outright denied for the same behavior.