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RFE help - proof of unemployment?

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Filed: AOS (pnd) Country: Brazil
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Hi all,

I just went to the mailbox and I saw the dreaded yellow paper peeking through the window of the envelope from USCIS.

My husband and I got three requests altogether.

Okay,

The first piece of evidence they want is my tax returns, BUT I had clearly explained (I attached a letter of explanation to the I-864) saying that I did not file taxes for the most recent year - 2006 - because I was unemployed, here is what I actually wrote:

"I did not file taxes for 2006 and 2005 because I was unemployed both years. At the time, I was attending Purchase College full-time during the 2005-06 academic year."

I also included an unofficial transcript from my college to show my attendance.

I had thought that what I had sent was going to be sufficient evidence :-(

In the RFE it states:

"If the sponsor did not file tax returns for any reason other than their gross income was below the IRS filing requirements, include a copy of the provisions of any statue, treaty, or regulation that supports the claim that he or she had no duty to file an income tax return with respect to that income."

So does this mean I have to find some "statute, treaty, or regulation" to send to them? Where would I find this crazy piece of evidence? What do I do?

I included my parents as household members and they filled out the I-864A forms, and they need to send things according to the RFE's, too. I have questions about that too, but I will post that at another time.

Has anyone else out there ever gotten an RFE like mine - requesting evidence from someone unemployed and having to send a "statute or treaty" supporting the 'claim'?

Appreciate any one's help, please!

Regards,

Lisa

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Filed: K-1 Visa Country: Mexico
Timeline

The RFE says - unless the reason you didn't file is NOT because you had no income to report i.e. "If the sponsor did not file tax returns for any reason other than their gross income was below the IRS filing requirements you must prove to us why you are not required to file tax returns".

Telling them you were unemployed or a student isn't clear enough for them. You need to say "I am not required by law to file tax returns because my gross income was below the IRS filing requiresments"

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Filed: AOS (pnd) Country: Brazil
Timeline
...Telling them you were unemployed or a student isn't clear enough for them. You need to say "I am not required by law to file tax returns because my gross income was below the IRS filing requiresments"

So, do you think that is all I need to write and send back to USCIS? Sorry if it's an obvious question, it's just that I find it funny that the RFE is such a tedious letter and all that they are asking from me is to say basically, I don't have to file, because the law says so and such, the end. I guess that is bureaucrazy for you.

Thanks for your reply.

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