RFE I864 Canadian Taxes

[Schmelle 0]

Hi all,

My husband is a USC with PR is Canada and we had been living in Canada (like many of you out there) when we started this whole IR1 process. I am of course still in Canada but he is now in Florida. Anyway, here's the question.

We sent out I864 forms and we have a co-sponsor because my husband lived with me in Canada for the last two years so he didnt have any income in the USA. He did however file US taxes and we sent in his 2006 US tax form which basically said that he made money in Canada. Our RFE is stating that they need to see his W2 from 2006. This does not make any sense as a W2 is for US taxes and he was not working in the US which is stated clearly on his taxes and foreign income form.

My question is....do we go ahead and just send in our Canadian T4 and his Canadian tax Notice of Assessment?

If anyone has any advice we would greatly appreciate it.

Confused Canadian

[trailmix 77]

Hi,

I basically received the same RFE/checklist that you did.

I found it confusing too, it clearly states on the I-864 - don't send your foreign tax return.

Anyway, I called NVC, which is when I found out I was getting said RFE.

Now on my I-864 I put income for 04/05 and 06 as zero - because that was my understanding of the form.

So the operator said to me your 2006 (U.S.) return does not match the amounts you put on the I-864 - and I then realized that I needed to state this (Canadian earnings converted to U.S. dollars) on the form. I said so - I just need to fill in those amounts - she said yes and send in your return and your W2's - basically my reaction was the same as yours. She checked with someone and came back on the line to tell me they wanted my Canadian tax return.

To make a long story short - I waited until I got the checklist, called again to ensure I needed to send back my Canadian return (the person checked) yes, send it.

So I have sent them the 4 pages of the return, the Schedule 1, a photo copy of my assessment and my T4 and TRSP. Plus the corrected I-864 of course.

I brought this up in another thread and another Canadian confirmed he had to send in his return as well - he said they seemed to know what to do with it. He also said that when his wife got to the interview they shoved all the Canadian return information at her and said we don't want to see any Canadian documents

Edited September 10, 2007 by trailmix

[Schmelle 0]

Hi,

I basically received the same RFE/checklist that you did.

I found it confusing too, it clearly states on the I-864 - don't send your foreign tax return.

Anyway, I called NVC, which is when I found out I was getting said RFE.

Now on my I-864 I put income for 04/05 and 06 as zero - because that was my understanding of the form.

So the operator said to me your 2006 (U.S.) return does not match the amounts you put on the I-864 - and I then realized that I needed to state this (Canadian earnings converted to U.S. dollars) on the form. I said so - I just need to fill in those amounts - she said yes and send in your return and your W2's - basically my reaction was the same as yours. She checked with someone and came back on the line to tell me they wanted my Canadian tax return.

To make a long story short - I waited until I got the checklist, called again to ensure I needed to send back my Canadian return (the person checked) yes, send it.

So I have sent them the 4 pages of the return, the Schedule 1, a photo copy of my assessment and my T4 and TRSP. Plus the corrected I-864 of course.

I brought this up in another thread and another Canadian confirmed he had to send in his return as well - he said they seemed to know what to do with it. He also said that when his wife got to the interview they shoved all the Canadian return information at her and said we don't want to see any Canadian documents

Hi,

Thanks for your response...I just spoke to NVC and she said that they are probably looking for a W2 because there was income written in Line 7 which there was not. Anyway, she said that there wasno need to send Canadian stuff but just to send a letter of explaination. Well...we are going to send a letter of explaination along with his Canadian Tax Notice of Assessment and his T4. Hopefully that will suffice. We can keep each other up to date if you like....it is always nice to have someone to share experiences with and it looks like our cases are really going side by side.

Good luck

Schmelle

[trailmix 77]

Hi,

Thanks for your response...I just spoke to NVC and she said that they are probably looking for a W2 because there was income written in Line 7 which there was not. Anyway, she said that there wasno need to send Canadian stuff but just to send a letter of explaination. Well...we are going to send a letter of explaination along with his Canadian Tax Notice of Assessment and his T4. Hopefully that will suffice. We can keep each other up to date if you like....it is always nice to have someone to share experiences with and it looks like our cases are really going side by side.

Good luck

Schmelle

Absolutely, let's keep in touch. Funny what you said about line 7. When I was talking to them the first time they kept saying you need to put in your adj gross from your (U.S.) return. Of course the adj gross (line 37) is zero (because of the foreign tax allowance), which I said.

I also had to send in more proof of domicile - so I sent everything I could think of, bank account statement, proof of residence etc etc - so hopefully that will be enough on that front.

Good luck to you too and let me know how that goes!

[Chica Yeyé 41]

This is an interesting thread.... does this mean I should bring in Bren's Canadian tax returns to the interview and his T4's just in case and attach them to the I-864??? I'm all confused now

[trailmix 77]

This is an interesting thread.... does this mean I should bring in Bren's Canadian tax returns to the interview and his T4's just in case and attach them to the I-864??? I'm all confused now

Hi there,

It's probably not necessary. With Schmelle and for us, we are going through NVC (not DCF) - so the RFE for the tax return is an NVC thing - I doubt the consulate will want to see Bren's return

Edited September 10, 2007 by trailmix

[Chica Yeyé 41]

This is an interesting thread.... does this mean I should bring in Bren's Canadian tax returns to the interview and his T4's just in case and attach them to the I-864??? I'm all confused now

Hi there,

It's probably not necessary. With Schmelle and for us, we are going through NVC (not DCF) - so the RFE for the tax return is an NVC thing - I doubt the consulate will want to see Bren's return

It's still weird - I guess I can always bring the notice of assessment in my super folder just in case. After all, he did file foreign income in his IRS stuff and we have a fabulous joint sponsor. Hmmm - time approaches and I go more and more crazy.

[trailmix 77]

It's still weird - I guess I can always bring the notice of assessment in my super folder just in case. After all, he did file foreign income in his IRS stuff and we have a fabulous joint sponsor. Hmmm - time approaches and I go more and more crazy.

Dear Crazy Person,

It is definately weird, we aren't even using income for the I-864 haha. Then again they are very precise, for one field (one of those yes/no questions with an area below for info) I answered 'no' so didn't think I needed to put N/A in the fields below - but that was also one of the things on the checklist to change! Also read in another thread that someone said he was receiving an RFE for not putting N/A in that one field too.

Can't hurt to take the assessment though

[Schmelle 0]

It's still weird - I guess I can always bring the notice of assessment in my super folder just in case. After all, he did file foreign income in his IRS stuff and we have a fabulous joint sponsor. Hmmm - time approaches and I go more and more crazy.

Dear Crazy Person,

It is definately weird, we aren't even using income for the I-864 haha. Then again they are very precise, for one field (one of those yes/no questions with an area below for info) I answered 'no' so didn't think I needed to put N/A in the fields below - but that was also one of the things on the checklist to change! Also read in another thread that someone said he was receiving an RFE for not putting N/A in that one field too.

Can't hurt to take the assessment though

Hi all,

just reading all the talk of the day. well...my hubby sent off the stuff today...Canadian Tax stuff (even tough the girl said it wasnt necessary), along with an explaination letter, and proof of current income in the US. i will keep you posted on what the outcome is. my advice is to take it all to your interview...as my friend would say "better to be lookin at it then looking for it!!!!"

take care

Schmelle