Got Rfe!!!

mazam, technically your most recent tax year is 2007 so you may want to submit 2007 also (your own copy including all W2, 1099s, etc.), just to be sure.

I don't believe you need I-864A as the intending immigrant spouse of the sponsor.

Oddly, I think the requirement that intending immigrants whose income is used need to submit their tax returns is only mentioned in the "checklist" in the I-864:

If you are using the income of persons in your household or dependents to qualify,

[...]

A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.
 
Hi austriacus,

Thanks for the reply! I have filed 2007 taxes but the IRS people say they cannot issue be the tax transcripts for 2007 since it is too early. I do have the papers indicating that I filed the tax. I have a HUGE print out of 2007 tax which I printed out when I filed my 2007 tax online using H&R Block service. I can make a copy of that print out and submit that along with 2006 tax transcripts.
 
Why 2007.....it's too early

austriacus said:
mazam, technically your most recent tax year is 2007 so you may want to submit 2007 also (your own copy including all W2, 1099s, etc.), just to be sure.

austriacus,

I am confused and specially after reading your note. USCIS sent me a RFE if you remember you & I having a discussion on that. Well, I went ahead & sent them entire package (all pages) of 1040 including 1099 which my attorney failed to file initially with the rest of the paperwork. Also, my attorney did not send everything, I mean all pages on that 1040 from 2006. This time I made sure USCIS receives everything. Per my conversation with the officer on 3/13 and checking the status online on March 5th, USCIS has received everything & my case has been resumed. Does that not tell you that I am good.
Secondly, I work as an independent consultant and my taxes are not deducted from my paycheck every month. I just pay IRS all at once by April 15th every year. I don't plan to do my taxes for another 2-3 weeks so how could I provide USCIS with 2007 tax return....impossible so USCIS has to process with what I have and may be if they plan to schedule my interview after April 15th, yes they can definitely ask me to bring 2007 tax return at the time of the interview but why now when it's too soon. Bottom line is we still have time to do our taxes until April 15th and just coz of that USCIS will delay our cases.......beats me :mad:
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Sorry for the late reply

mazam said:
Hey Atlanta Brother,

When they asked you for the TAX transcripts did you send the I-864A along with the transcripts or only the tax transcripts? I read the letter (RFE) multiple times and I think they only require transcripts!
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All I sent them was complete set of 1040 for 2006 (all pages) with my 1099 (earning statement for the year 2006)
 
Hi Atlanta_Brother,

So, what do you suggest should I only send the transcripts for 2006. Although I have already filed 2007 tax but I don't have the transcript and IRS people say you need to wait more to get the 2007 transcripts. I guess I will go ahead and send only 2006 transcripts. What do you think?

Also Atlanta brother when you did you got RFE I mean what date?

I got my shots and medical today. Doctor told me to come in 2 days since there was some skin test. Also, I guess he will give me I-693 form after 2 days.
 
My thoughts on this...

mazam said:
Hi Atlanta_Brother,

So, what do you suggest should I only send the transcripts for 2006. Although I have already filed 2007 tax but I don't have the transcript and IRS people say you need to wait more to get the 2007 transcripts. I guess I will go ahead and send only 2006 transcripts. What do you think?

Also Atlanta brother when you did you got RFE I mean what date?

I got my shots and medical today. Doctor told me to come in 2 days since there was some skin test. Also, I guess he will give me I-693 form after 2 days.
Click to expand...

Yes mazam, I would just send them 2006 paperwork and your W2 or 1099 for 2006. Forget about 2007. I was thinking of sending USCIS my 1099 for the year 2007 which I recently received but then I thought about it for a minute. By sending 2007 I may be complicating things. The reason is later they may ask me to send them 1040 for 2007 which I don't have at this point, so in order to make life simple for you & them, just stick with 2006 paperwork.

My attorney received my RFE on Feb 16th & it was dated Feb 7th.

As far as shots goes, you are on the right track. It takes 2 days for the skin test to clear. My wife had her test on Tues and we were able to pick up her report on Thu (after 48 hrs). You will be given a sealed envelope by the doctor and that's what you call I-693. He should also give you an extra copy for your records just incase. Make sure you don't touch or try to open that sealed envelope. It should go as it is.

All the best.
 
Thanks again Atlanta Brother,

I guess I will send the 2006 tax transcripts. Although keep in mind that I have filed 2007 tax and I have my personal copies of 2007 tax but no tax transcripts for 2007 since it is too early.

Today is Tues and I got my shots :) It did not hurt at all and I was scared out of my mind! Yeah! doctor told me to come on Thursday. Today the nurse just gave me my vacazine report which covered all the vacines.

Thanks for all the help!
 
How about your copy ?

mazam said:
Thanks again Atlanta Brother,

I guess I will send the 2006 tax transcripts. Although keep in mind that I have filed 2007 tax and I have my personal copies of 2007 tax but no tax transcripts for 2007 since it is too early.

Today is Tues and I got my shots :) It did not hurt at all and I was scared out of my mind! Yeah! doctor told me to come on Thursday. Today the nurse just gave me my vacazine report which covered all the vacines.

Thanks for all the help!
Click to expand...

mazam,

Help me out here, I am a little confused. When I file my taxes thru my CPA, he immediately hands in my set of copies that belongs to me. If you already have your set of copies which you should have it since you have already filed the taxes, just run another set of copies and BINGO. That's all what USCIS needs. It sounds like that you think that USCIS needs copies directly sent by IRS. You have to call them & have them send you the paperwork, something like that, isn't it. You can always send copies that you have in your posession.
 
Thanks Atlanta Brother. Yes I have my set of copies and I can make more copies since I filed using some online service.

I will print out one more set and send them to USCIS.

Thanks for all the help!
 
Atlanta_Brother,

that's good that you filed the entire copy of your return including all information statements, that's exactly what USCIS wants if you send your own copy. In our case, about half of our initial package of forms we sent was consumed by copies of three years of tax forms.

I'd like to address your point that "2007 is too early." You are correct that the IRS gives you until April 15 to file your return, actually October 15 with the automatic extension. USCIS's statement that they want the return of your "most recent tax year" is somewhat broad and certainly open to interpretation. I've been wondering since last year if there was more specific guidance but haven't found any. Certainly, they don't mean "the most recent year you decided to file at this point" because you might have decided not to file for years. Could they mean "the most recent year IRS required you to file at this point" then they should give you until April 15 or even October 15. However, the strictest interpretation of USCIS's statement would be that "the most recent tax year" would be 2007 in this case starting on Jan 1, 2008. (What makes it more complicated, I suppose, is that some individuals may have a tax year other than calendar-year basis!)

Now, you and I know that you can't file your 2007 taxes on Jan 1, 2008. Sometimes Congress doesn't even finalize the tax laws until late in in the previous year. According to this tax calendar, W-2 and 1099 etc. forms need to be furnished by businesses to individuals by Jan 31 so you should be able to file after that.

Here's your other point, you don't have to pay until April 15 so why should you file earlier? Well, you don't have to send payment with your return. (Or if you file electronically, don't have to pay right away but schedule a debit for April 15.) You can pay by April 15 but file earlier. Heck, you can pay April 15 and file October 15 with the automatic extension. Filing the return is not necessarily related to paying your taxes.
 
mazam and Atlanta_Brother,

if they ask for a complete tax return, I'd only file a complete return. Filing a W-2 here or 1099 there will not substitute for a complete return. If you only have a 2006 return and can't possibly file a complete 2007 return by the RFE due date, I suppose then you'd send 2006. However, in mazam's case I think sending his own copy of 2007 is probably a good idea. USCIS should hopefully understand that the IRS doesn't issue tax transcripts for 2007 yet.

We filed our own copies and had no problems. You may want to check if there's a USCIS rule about sending copies of your electronic return as opposed to a signed paper return (I don't think there is but it doesn't hurt to check). mazam, understand that along with your huge H&R block printout, you probably need to submit copies of any other tax documents you received in the mail such as W-2s and 1099s ok!

How did you like H&R block? The guy I share my office with also had a huge printout, his actual tax forms only being two pages of it. (Maybe they want to make you feel like you got your money's worth with all those pages?) In his case, they gave him the wrong form (1040A instead of 1040), it's their software's mistake, and he called them and they couldn't figure out a way to change it, and they finally stopped answering his calls. :rolleyes: I helped him to paper-file his return instead. They still charged him for the return and e-filing it, which they never did (because he didn't want to file the incorrect return). H&R thieves!
 
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Hi austriacus,

one of the reasons that I don't want to submit 2007 tax returns is because on I-864 I said my wife was unemployed for 2007 and she was if you remember our last messages.

But on 2007 tax she made 10K using advertisments and online thing. Off course we paid taxes on everything but it seems like it will look kinda strange and confusing when a USCIS officer looks at it.

Not sure what the USCIS officer will think since it is kind hard to explain.
 
Quick question for you austriacus

Hi austriacus,

Thanks for your detailed postings. I agree with you all the way. As you know that I have sent USCIS complete set (all pages of 1040) for the year 2006 along with my 1099. They have received it & my case has been resumed as of March 5th. I am assuming that they will continue processing my wife's AOS and if they still need to see my 2007 tax return they will probably ask me to bring it in person at the time of the interview. Am I thinking in the right direction?

Secondly, when we get an IL, are we both (wife & myself) are asked to come?

That's it. Thanks for your time bro.
 
Atlanta_Brother,

well it may just be that I'm being more picky than USCIS about what "most recent tax year" means ... I'm sure a majority of individuals (including me!) haven't filed their 2007 returns yet, so I'm guessing if you send a complete 2006 return to an RFE in late Feb/early March they will exercise reasonable judgement, and yes they hopefully should contact you if they need a more recent return (I suppose bringing the 2007 return to the interview would be a good idea regardless, just so you have it in case they want to see it).
 
mazam said:
Hi austriacus,

one of the reasons that I don't want to submit 2007 tax returns is because on I-864 I said my wife was unemployed for 2007 and she was if you remember our last messages.

But on 2007 tax she made 10K using advertisments and online thing. Off course we paid taxes on everything but it seems like it will look kinda strange and confusing when a USCIS officer looks at it.

Not sure what the USCIS officer will think since it is kind hard to explain.
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If it's just about not creating confusion about your wife's business income, I wouldn't worry that USCIS will really care about it. As we had discussed, you can only use income that's steady over time to qualify, and you can very easily say you didn't want to include this income as qualifying income because it's not consistent over time and it's your wife's side business/hobby. I'm sure they'll understand that your salary is the main income for your support. I bet they'd be more worried if you would try to include rather than exclude it as qualifying salary for the 125% poverty line.
 
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I wonder if anyone knows the answer to this ... if someone receives an RFE regarding their I-864, let's say there was a mistake in completing I-864 and you are asked to re-submit, would they ask at this point that it meets the higher 2008 poverty guidelines (in effect since March 1) instead of 2007? Or would they allow that you meet the poverty guidelines at time of original filing? How about when you submit a new I-864 at the interview, after the higher poverty guidlines have gone into effect?
 
Thanks everyone,

I just called USCIS to ask them the same question about what year to send. I called three people (different representatives) and they said which ever you have filed is the latest. So, I can send my 2006 or 2007. They also told me that it will be wise to send 3 years tax returns.

So, I am sending the following:

2007 my personal copy of tax return

2006 tax transcripts

2005 tax transcripts (I made only 14K in 2005 since I was a student will that be a problem?)

Hopefully, I will get my medical report back today at 2:00 PM and I will send the documents tomorrow or maybe even today.

So, reply me before 2:00 PM if you have any valuable advice.

Thanks,
 
3 yr tax returns, hmmmm

mazam said:
Thanks everyone,

I just called USCIS to ask them the same question about what year to send. I called three people (different representatives) and they said which ever you have filed is the latest. So, I can send my 2006 or 2007. They also told me that it will be wise to send 3 years tax returns.

So, I am sending the following:

2007 my personal copy of tax return

2006 tax transcripts

2005 tax transcripts (I made only 14K in 2005 since I was a student will that be a problem?)

Hopefully, I will get my medical report back today at 2:00 PM and I will send the documents tomorrow or maybe even today.

So, reply me before 2:00 PM if you have any valuable advice.

Thanks,
Click to expand...

mazam,

I don't know if it's wise thing to send last 3 year of tax returns. More work & more time for them to go thru all 3 yrs (2007, 2006 & 2005). It's upto you man. I wouldn't listen to any of the advices that's coming from these customer service rep. I would strictly follow the guidlines stated on the forms and especially send what USCIS has asked for. Nothing less, nothing more. Sometimes being extra careful could also open more cans of worms. I had taxes from the last 3 yrs ready, but since they were optional, I decided to just send them 2006 tax returns and one of the reasons was, I made lot more money in 2006 versus 2005 & 2004. I did report the numbers on the form but only sent 2006 stuff, that's it. I am hoping that it will work. Let's see. I also plan on calling USCIS this afternoon to see if they have any update regarding interview letter. I have decided since I am in Boston & can only rely on my attorney to let me know if he has received anything in the mail, I will make it a point to call USCIS once a week to see if they have any update on my wife's interview.

Sent complete package
(approved I-130, I-485, I-864, G325 & medical report): Jan 16th, 2008
Received by USCIS: Jan 19th
FP Notice sent: Jan 29th
RFE sent by USCIS: Feb 7th
RFE received: Feb 19th
RFE sent back to USCIS: Feb 20th
FP done: Feb 22nd
RFE sent back again using certified mail: Feb 29th
RFE received by USCIS: March 3rd
Case resumed: March 5th
Wait: Begins
 
You are right it is more confusing!

okay I will send 2006 tax transcripts only!

I will pray that everything goes fine.
 
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