I really need help!

[saratara 0]

Hi,

I wrote before that I got RFE (they looking for w-2 or 1099). When I complete AOS, I sent all copies that we get from accounter that he filed to the IRS, so we didn't send tax return or transcript because my husband's accounter file taxes later in october because my husband is self-employed.

We are still waiting for tax return.

We sent them 1040, and K1 (because he doesn't have 1099 or w-2, they don't use that), but they still looking for w-2 or 1099.

If we send them copy of original tax return or transcript and letter that is explaining why he doesn't have 1099 or w-2 is that gonna be enough?

Edited December 3, 2007 by saratara

[YuAndDan 153]

Call IRS and order a simple tax transcript, it is free, and acceptable in place of (1040/W2/1099) per the I-864 directions.

http://www.irs.gov/faqs/faq1-6.html

[zqt3344 21]

If your husband is self employed, he may or may not have received 1099 forms which he would have filed with his tax returns, if not then you still need to make copies of those tax returns for past three years AND call Internal Revenue Service(look up their 800 on website) and have your husband ask for his last three years official IRS tax transcripts of his tax returns, they should mail those out to you within 2 weeks or less, then attach note and explain your situation and send in those tax transcripts from IRS, for that is probably going to be the only thing that USCIS will accept now to verify your husband's income to support you based on what you are saying.

Hi,

I wrote before that I got RFE (they looking for w-2 or 1099). When I complete AOS, I sent all copies that we get from accounter that he filed to the IRS, so we didn't send tax return or transcript because my husband's accounter file taxes later in october because my husband is self-employed.

We are still waiting for tax return.

We sent them 1040, and K1 (because he doesn't have 1099 or w-2, they don't use that), but they still looking for w-2 or 1099.

If we send them copy of original tax return or transcript and letter that is explaining why he doesn't have 1099 or w-2 is that gonna be enough?

[Minya's wife 24]

There is a difference between the tax return that you the taxpayer file and the tax transcript received fro the IRS....and a good reason why USCIS will accept a tax trascript by itsef, but will require additional documentation if you send them only what you fied.

The trascript of your taxes filed will only be generated after you've filed for a return and the IRS has accepted (i.e. processed) said return. This is in effect an official document issued by the IRS, and USCIS will take this document and not question its valitidy.

On the other hand, if you just send in what you filed w/ the IRS (regardless of if you did it yourself, or if an accountant prepared your tax return), you will need supporting documentation such as a 1099 or W-2.

I know you stated that you only filed in October for your taxes? Have you any confirmation of that, from the IRS? Please do as suggested, call the IRS (their 1-800 number is on irs.gov website) and order an official tax transcript. This takes about two weeks to receive, and should suffice as a response to your RFE. You can also include a letter of explanation as you wanted.

Good luck,

-P

[payxibka 10,045]

If your husband is self employed, he may or may not have received 1099 forms which he would have filed with his tax returns, if not then you still need to make copies of those tax returns for past three years AND call Internal Revenue Service(look up their 800 on website) and have your husband ask for his last three years official IRS tax transcripts of his tax returns, they should mail those out to you within 2 weeks or less, then attach note and explain your situation and send in those tax transcripts from IRS, for that is probably going to be the only thing that USCIS will accept now to verify your husband's income to support you based on what you are saying.

To clatify, 1099's have NEVER been required to be filed (ie.. attached) to tax returns...

[Minya's wife 24]

Nor is it necessary to send copies of returns/transcripts for the last 3 years, only if you feel that you need the additional "proof" of ability to support, and/or if specifically requested by USCIS. (See below)

The I-864 evidenciary requirements are:

• Proof of current employment or self employment
• A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

[saratara 0]

Thanks guys a lot!!!!

[zqt3344 21]

If your husband is self employed, he may or may not have received 1099 forms which he would have filed with his tax returns, if not then you still need to make copies of those tax returns for past three years AND call Internal Revenue Service(look up their 800 on website) and have your husband ask for his last three years official IRS tax transcripts of his tax returns, they should mail those out to you within 2 weeks or less, then attach note and explain your situation and send in those tax transcripts from IRS, for that is probably going to be the only thing that USCIS will accept now to verify your husband's income to support you based on what you are saying.

To clatify, 1099's have NEVER been required to be filed (ie.. attached) to tax returns...

To clarify or it is clatify? I think I will clarify then, USCIS asks for 1099s forms that are normally sent to self employed tax filers, hopefully you will have kept those forms when you filed your husband's tax returns, although they may not be required to be filed with the self employed return it is usually helpful or wise to keep them with your tax return records for you can be asked for them later on during an audit or in this case from the USCIS when filing for AOS. Good luck.