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Coleen

Please HELP with RFE- Tax Return!!!

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Hello everybody,

I hope that someone will find enough time to answer my questions clearly. Prior to writing this topic I have researched a little bit here on VJ, but I was unable to find an answer or maybe I was just unable to understand it, and it's because I'm new to USA and don't know the exact processes for certain things.

Here's my problem: About an hour ago I received Request for Initial Evidence (I-485). This is what it's about and what I have to send them back:

1. The petitoner/ sponsor submitted a Federal income tax return with form I-485, Affidavit of Support. However, the Federal income tax return was for a prior tax year. Please submit the Federal Income Tax Return for the most recent tax year.

2. Submit all the supporting tax doumentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on form I-864, Affidavit of Support, for the most recent tax year.

I have 87 days to respond to this RFE.

I'm an AOS petitioner based on K1 visa. So when I had my interview for visa back in my country they took the front page from my boyfriend's Federal Income Tax Return for year 2009. When I submitted documents for AOS, besides the rest of that document (my husband thought that it would be OK because you could still see all the numbers USCIS wants to see) I also included his Federal Income Tax Returns for years 2007 and 2008 (they were all original documents and we haven't kept any copies with us), as well as his pay stubs for the most recent 6 months. We really thought that everything's gonna be OK. But, now I see we made a mistake.

So, my questions about all of this are: Where do I get the whole document (Tax return)? How? How long does it take to get it?

I think that he can go online and print out his W-2s. Now what about 1099s? What exactly is that? And how do I get it? And what are ''supporting tax schedules''?

How do I respond to this letter? I know I have to include the RFE and these documents, but should I write anything, some kind of letter saying what documents are included or something like that?

I'm asking all of this because he's at work atm so he can't provide me with any answers, and I am really anxious to find out more about the whole thing.

Could anyone please provide me with a clear and understandable answer about this whole thing? Please..

Edited by Coleen

K-1 VISA JOURNEY 2010:

March 24th: I-129F filed

March 26th: NOA1 date

May 24th: NOA2 date

May 25th- Jun 3rd: Case @ NVC

Jun 7th: Embassy received

Jun 15th: Embassy sent pkt 3

Jun 17th: Pkt 3 received :)

Jun 22nd: Medical @ 7 a.m. (Kosevo)/ Jun 23rd: Passed

Jun 29th: Interview @ 13:30: Approved/ Jun 30th: Visa in hand

AOS JOURNEY 2010/2011:

October 25th: AOS, EAD and AP filed

November 1st: AOS, EAD and AP NOA1 date

November 18th: AOS and EAD biometrics appointment

January 6th: AOS case transferred to CSC

January 15th: AP document received (YAY! One step closer to GC!)

January 18th: EAD card received :)))))

February 17th: GC card production ordered

February 24th: GC arrived in mail :) What a relief..

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Filed: AOS (apr) Country: Australia
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Hello everybody,

I hope that someone will find enough time to answer my questions clearly. Prior to writing this topic I have researched a little bit here on VJ, but I was unable to find an answer or maybe I was just unable to understand it, and it's because I'm new to USA and don't know the exact processes for certain things.

Here's my problem: About an hour ago I received Request for Initial Evidence (I-485). This is what it's about and what I have to send them back:

1. The petitoner/ sponsor submitted a Federal income tax return with form I-485, Affidavit of Support. However, the Federal income tax return was for a prior tax year. Please submit the Federal Income Tax Return for the most recent tax year.

2. Submit all the supporting tax doumentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on form I-864, Affidavit of Support, for the most recent tax year.

I have 87 days to respond to this RFE.

I'm an AOS petitioner based on K1 visa. So when I had my interview for visa back in my country they took the front page from my boyfriend's Federal Income Tax Return for year 2009. When I submitted documents for AOS, besides the rest of that document (my husband thought that it would be OK because you could still see all the numbers USCIS wants to see) I also included his Federal Income Tax Returns for years 2007 and 2008 (they were all original documents and we haven't kept any copies with us), as well as his pay stubs for the most recent 6 months. We really thought that everything's gonna be OK. But, now I see we made a mistake.

So, my questions about all of this are: Where do I get the whole document (Tax return)? How? How long does it take to get it?

I think that he can go online and print out his W-2s. Now what about 1099s? What exactly is that? And how do I get it? And what are ''supporting tax schedules''?

How do I respond to this letter? I know I have to include the RFE and these documents, but should I write anything, some kind of letter saying what documents are included or something like that?

I'm asking all of this because he's at work atm so he can't provide me with any answers, and I am really anxious to find out more about the whole thing.

Could anyone please provide me with a clear and understandable answer about this whole thing? Please..

Ok your husband when filling out I-864 affadavit should have included 1099 and W2's these are attachments of tax returns system here and we had the same RFE for 2009 1040 tax return. Not sure why you would have given originals tax documents, they only need copies. With the RFE you need to send back the original letter , make sure you cpy one for yourself to keep, and you will have to call the local IRs and request transcripts of his 2009 tax return. Takes a week? for them to return to you. You need t get on that right away Monday and then take it from there. You don't need to write to them or anything and the documents you took at interview would not mean anything to USCIS back here in US. Thats why its good t make copies of everything before you send off so you have some evidence of what you have already done. They want the whole tax return for 2009. Hope this helps sure someone else will chip in with more or better advice.

Divorced !st November 2012.

Married only 2 years 1 month

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Filed: Citizen (apr) Country: Australia
Timeline

See the AOS thread in my signature which has the IRS info required to obtain tax transcripts. A tax transcript is better than the tax returns because you don't need to worry about the W2s and 1099's and other supporting stuff.

If you go to your local IRS office you might be able obtain the transcripts there and then. Give them a call and good luck.

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Filed: K-3 Visa Country: Colombia
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the IRS phone number,1-800-829-1040, call ask for tax transcripts for the years you want,have your old tax return handy thay ask you some questions first, tell them it's for immigration,and see if thay will fax it for you today,if thay mail it takes a week or two at most,

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Filed: AOS (pnd) Country: Philippines
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or go to ur IRS local office to get ur tax return transcript u can get it same day i just went to my local IRS office and its took 30 minutes

12/10/10-AOS/EAD/AP sent to chicago lockbox

12/24/10-AOS/EAD/AP NOA's hardcopy recieved

01/26/11-AOS transfered to CSC

01/26/11-recieved biometric appoinment notice dated.02/23/11

02/23/11-biometrics done

02/24/11-EAD card production

02/27/11-EAD approve

03/03/11-EAD/AP combo card recieved

03/04/11-AOS card production notice

03/08/11-AOS Approve

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A tax transcript will solve all your problems and you won't need W2s, 1099s or schedules. Here is the form 4506-T

You want to check box 6a and write 1040 in the blank by #6.

On #9, write 2009, 2008, 2007

See page 2 of the form to get the mailing address depending on the state where you live. You can fax that form to the IRS and the fax numbers also depend on the state. See page 2. I think faxing to your regional IRS office is a faster process than calling the national number.

If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your husband's Social Security number and the numbers of your street address. Can't remember if there's anything else like birthdate perhaps. It will generate an automated request to mail your transcripts.

You can do either of the above even on nights and weekends.

And to answer some of your questions, even though transcripts take care of what you need----

Income tax returns will have the form 1040 (or 1040A or 1040EZ). That's all some people ever have. But depending on your income or particular situation, the complete tax return could have other papers filled out. Some could be called Form XXXX or Schedule X. Common Schedules are Schedule A (if you itemized deductions), Schedule B (if you get interest or dividends from investments), Schedule D (capital gains and losses--like if you sell stock, you report it), and Schedule C (for self-employed). They will be titled and named Form XXXX or Schedule X at the top of the page. Anything called "Worksheet" is not part of the tax return, but for your records only.

W2s are issued by employers telling the wages earned and the amount of taxes held out.

1099s aren't received by everyone, but also show income earned. Some people earn many thousands of dollars each year shown on 1099s so that why they prove income. Some common ones are:

1099-INT shows interest earned on investments

1099-DIV shows dividends paid for some stocks

1099-R shows retirement income, like a pension.

So skip the tax forms, schedules, W2s, and 1099s by ordering transcripts from the IRS. But DO mail in a photocopy to USCIS and keep the original in a file.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: Citizen (apr) Country: Australia
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I think faxing to your regional IRS office is a faster process than calling the national number.

If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your husband's Social Security number and the numbers of your street address. Can't remember if there's anything else like birthdate perhaps. It will generate an automated request to mail your transcripts.

You can do either of the above even on nights and weekends.

I called mine in, never filled out a form.. I have heard if you go into the office itself (if possible) they will print them there and then. I didn't know that till AFTER I got mine (of course :S) so I can't tell you if that's true, just on threads I've read here.

I also didn't know about the automated line.. I've called up and spoken to the IRS people and they ask all sorts of identifying qns.. not sure if I think it's good it's easier now it's automated (identity theft) but still.. good to know.

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Filed: Citizen (apr) Country: Ghana
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Just call 1-800-908-9946 and ask for transcripts. They are free and could even be faxed to you if you want to send it early and get it over with. I did same for my ROC and got it faxed to me the same day. Plus you don't have to worry looking for W-2 and 1099 forms.

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Hey everybody..

Thank you for your help. It meant a lot and I really appreciate it. Here's what we did: My husband called local IRS office but couldn't really talk to a live person, he just left his phone number for them to call him within two following business days. After that he called that general IRS number, waited like half an hour for someone to pick up the phone. The person that answered told him that he could get his transcripts the same day over the fax but since we don't have a fax machine, nor anyone we know, he decided to go to local office with no appointment (he got truly disappointed when I got my RFE because he was sure that we'd sent all the documents, although I had told him back then that I wasn't sure about his Tax Returns- he wouldn't listen :P, so he took this RFE as merely HIS mistake).

So, as I said, he went to local IRS office on Tuesday around 3 p.m., just walked in, gave them his SSN and ID, waited for about 5 minutes and got his Tax Return Transcripts.

On Wednesday, we sent Transcripts and RFE letter back to USCIS with Express mail.

I hope that now everything is going to be fine.

My special thanx goes to Nich-Nick who took time to explain all the terms to me, that was really nice of you and I really appreciate it.

So guys, what do you think how long will I wait now? I mean, this RFE means that they started working on my case. How long does it take to get an EAD card or interview for AOS after one gets RFE?

A tax transcript will solve all your problems and you won't need W2s, 1099s or schedules. Here is the form 4506-T

You want to check box 6a and write 1040 in the blank by #6.

On #9, write 2009, 2008, 2007

See page 2 of the form to get the mailing address depending on the state where you live. You can fax that form to the IRS and the fax numbers also depend on the state. See page 2. I think faxing to your regional IRS office is a faster process than calling the national number.

If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your husband's Social Security number and the numbers of your street address. Can't remember if there's anything else like birthdate perhaps. It will generate an automated request to mail your transcripts.

You can do either of the above even on nights and weekends.

And to answer some of your questions, even though transcripts take care of what you need----

Income tax returns will have the form 1040 (or 1040A or 1040EZ). That's all some people ever have. But depending on your income or particular situation, the complete tax return could have other papers filled out. Some could be called Form XXXX or Schedule X. Common Schedules are Schedule A (if you itemized deductions), Schedule B (if you get interest or dividends from investments), Schedule D (capital gains and losses--like if you sell stock, you report it), and Schedule C (for self-employed). They will be titled and named Form XXXX or Schedule X at the top of the page. Anything called "Worksheet" is not part of the tax return, but for your records only.

W2s are issued by employers telling the wages earned and the amount of taxes held out.

1099s aren't received by everyone, but also show income earned. Some people earn many thousands of dollars each year shown on 1099s so that why they prove income. Some common ones are:

1099-INT shows interest earned on investments

1099-DIV shows dividends paid for some stocks

1099-R shows retirement income, like a pension.

So skip the tax forms, schedules, W2s, and 1099s by ordering transcripts from the IRS. But DO mail in a photocopy to USCIS and keep the original in a file.

Seriously, thank you for all of your help.

Ok your husband when filling out I-864 affadavit should have included 1099 and W2's these are attachments of tax returns system here and we had the same RFE for 2009 1040 tax return. Not sure why you would have given originals tax documents, they only need copies. With the RFE you need to send back the original letter , make sure you cpy one for yourself to keep, and you will have to call the local IRs and request transcripts of his 2009 tax return. Takes a week? for them to return to you. You need t get on that right away Monday and then take it from there. You don't need to write to them or anything and the documents you took at interview would not mean anything to USCIS back here in US. Thats why its good t make copies of everything before you send off so you have some evidence of what you have already done. They want the whole tax return for 2009. Hope this helps sure someone else will chip in with more or better advice.

Thanx a lot for your help.

See the AOS thread in my signature which has the IRS info required to obtain tax transcripts. A tax transcript is better than the tax returns because you don't need to worry about the W2s and 1099's and other supporting stuff.

If you go to your local IRS office you might be able obtain the transcripts there and then. Give them a call and good luck.

Thank you Vannesa&Tony, I read your thread and it was really helpful.

And once again, thanx everybody else who found time to help me with this, I really appreciate it. If it wasn't for VJ and its members I'm pretty sure that I wouldn't have come so far. Thank you!

K-1 VISA JOURNEY 2010:

March 24th: I-129F filed

March 26th: NOA1 date

May 24th: NOA2 date

May 25th- Jun 3rd: Case @ NVC

Jun 7th: Embassy received

Jun 15th: Embassy sent pkt 3

Jun 17th: Pkt 3 received :)

Jun 22nd: Medical @ 7 a.m. (Kosevo)/ Jun 23rd: Passed

Jun 29th: Interview @ 13:30: Approved/ Jun 30th: Visa in hand

AOS JOURNEY 2010/2011:

October 25th: AOS, EAD and AP filed

November 1st: AOS, EAD and AP NOA1 date

November 18th: AOS and EAD biometrics appointment

January 6th: AOS case transferred to CSC

January 15th: AP document received (YAY! One step closer to GC!)

January 18th: EAD card received :)))))

February 17th: GC card production ordered

February 24th: GC arrived in mail :) What a relief..

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