I-864 tax returns

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patty579

Registered Users (C)
We are about to apply for AOS, and I've got a question concerning I-864:
My future husband has the tax returns from the last two years, but not the required third one, since he did that one with a tax office on a military base in Germany and they don't have the data anymore.

Is there any way to retrieve that tax return other than requesting it from the IRS? (It would take two months, but my Visa is expiring 31 March 2006 and I have to file before that.)

Can you file just the two tax returns and send the third one later?

Please help!
 
As per the new law you just need the tax return for the latest year. You don't need the three tax returns anymore, so you should be fine. :)

USC
 
I called the service number today just to make sure we only need the last year's tax return (you never know!!), and the Immigration officer told me that it is just a memo and we will still need the tax returns for the last three years. I'm so confused. The memo says we don't. He said it wasn't his to determine, but it would be better to send all three.
I won't have all three in time (see above). Do you think I can write an explanation for the missing tax return and send it in later when it arrives?

I really don't know what else to do.
 
patty579 said:
I called the service number today just to make sure we only need the last year's tax return (you never know!!), and the Immigration officer told me that it is just a memo and we will still need the tax returns for the last three years. I'm so confused. The memo says we don't. He said it wasn't his to determine, but it would be better to send all three.
I won't have all three in time (see above). Do you think I can write an explanation for the missing tax return and send it in later when it arrives?

I really don't know what else to do.
Click to expand...

USCIS customer support knows nothing. The only thing they know very well is to provide half baked information to confused people who call and confuse them even more.

If it is there on the USCIS website, then it is the current rule. I confirmed this with the immigration officer when i went for my interview and he only needed the tax returns from 2004. He told me that if application was submitted before the memo was published, then 3 years of tax returns need to be included. If after, then only the recent year is needed. I would say go ahead and submit only last year's return and mention in your cover letter that as per the current USCIS memo for I-864, you are submitting tax returns for only the most recent year. If they need more, they would send you an RFE, but i doubt that would happen.

Good luck :)
 
Ok. What's an RFE?
I did talk to an Immigration Officer though, I was transferred by a regular customer support guy, because he didn't know.
I think I will send the 2 returns that I have and explain as you said.

Thanks for your help, and again congratulations!!
 
patty579 said:
Ok. What's an RFE?

Request For Evidence...or something like that.

I did talk to an Immigration Officer though, I was transferred by a regular customer support guy, because he didn't know.
I think I will send the 2 returns that I have and explain as you said.

Thanks for your help, and again congratulations!!
Click to expand...

If you want you can print out the CIS instruction and attach it to your papers to justify your decision to send only 1 year tax return and...to educate them :D
 
patty579 said:
Ok. What's an RFE?
I did talk to an Immigration Officer though, I was transferred by a regular customer support guy, because he didn't know.
I think I will send the 2 returns that I have and explain as you said.

Thanks for your help, and again congratulations!!
Click to expand...
RFE is Request for Evidence.
It's a good idea to attach the memo, as Suzy suggested.
P.S. Immigration Officers are not that smart, either (at least not all of them). On my citizenship interview I questioned the officer more than he questioned me: I had a lot of questions about pending name check process (I didn't now about this forum at that point, unfortunately). Anyhow, the officer's knowledge of the process was pretty obvious to me. I think, he was trained to only interview citizenship applicants. And, of course, he didn't even have to remember the answers to all 100 questions (he had the answer sheet). :rolleyes:
 
You can get transcript from IRS

If you are really particular about it and for peace of mind, you can get transcripts of the past 3 years returns from IRS. Only takes 1-2 weeks to get them and CIS accepts them as well.
I sent transcripts of my tax returns rather than the actual copies when I did the I-864 for my parents and that was ok.

Good luck
 
Anahit said:
Anyhow, the officer's knowledge of the process was pretty obvious to me. I think, he was trained to only interview citizenship applicants. And, of course, he didn't even have to remember the answers to all 100 questions (he had the answer sheet). :rolleyes:
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Anahit, I bet we (you and I) know much more about the naturalization process than most of the CIS's employees :D :D :D
And if I have to take in consideration my knowledge about litigating CIS in Federal Court I can say that I know more than 99% of them ;)

One thing is for sure, after all these months spent in this forum I don't think I'll ever need an immigration lawyer.
 
rfe for tax return

hi all,

i received an RFE yesterday requesting for a 2005 tax return for both me and my usc husband. I didn't file for a tax return because I was on L1 visa last year so I believe I don't have to and I just started my job last mar 2005. And they were also requesting for my medical, which I already included in the application (they must have lost it).

What should I do? Should I sent a letter stating of my visa status last year being the reason I didn't file? Should I just send proof of my salary with my current job.

Please advise.

Thanks!
 
vinda327 said:
hi all,

i received an RFE yesterday requesting for a 2005 tax return for both me and my usc husband. I didn't file for a tax return because I was on L1 visa last year so I believe I don't have to and I just started my job last mar 2005.
This doesnt make sense. Being on L1 does not give you a waiver to file taxes. If you earned money in 2005, have a SSN and received your W-2, you MUST file taxes. period. It does not have to do anything with you being on L1. Since you started your job from Mar2005, i assume you earned money from Mar2005 till Dec2005 and by law, you should have filed taxes last month for the year 2005. I assume you got your W-2. If not talk to your HR to get a copy. If you have it, then i suggest you talk to a CPA and file your taxes ASAP. You can then use the filed tax return to submit with the RFE response.


And they were also requesting for my medical, which I already included in the application (they must have lost it).
The civil surgeon you got your medical done from can provide you a copy of your medical results. You dont have to pay again for your medical.

What should I do? Should I sent a letter stating of my visa status last year being the reason I didn't file?
L1 visa is a work visa and you have to file taxes for the income earned. USCIS will not buy your reason for not filing taxes being on a L visa as it doesnt make sense.
Should I just send proof of my salary with my current job.
Yes, you could, but that wont be what USCIS is asking for

Please advise.

Thanks!
Click to expand...
 
can somebody please explain me what documentation of tax return need tace to interview.I just have form 1040 and W2 I dont have eny IRS transcript.gentlamen who made for me tax returtn just give me this form for me.please help
 
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