Here's my problem right now. We're at the NVC stage, and have submitted the I-864 packet and IV packet. They've just processed our I-864, and I got an RFE. I filed the I-864 packet with a Joint Sponsor (not a household member), so I was mainly concerned with the evidence attached to her I-864. My income doesn't even come near to satisfying the requirements, and I don't claim that it does--so I guess I figured it didn't matter. Apparently not. It seems they're very interested in me submitting proof that my income doesn't meet the requirements they're looking for.
Supporting Documents Missing or Incomplete
[x] It appears that there is no proof of current employment (a recently dated job letter or pay stub), or of
self-employment status (a recently dated letter on business letterhead or a business license).
[x] The submitted income tax documents/IRS statements for the years marked below are missing/incomplete (if
you have lost any of the requested tax information, contact your local IRS office to obtain a copy) (Only
Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto Rico.)
• W-2 forms are missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008
The first one is my fault. I didn't include a letter of employment, and I'm getting one now. In my defense, the instructions have been updated (11-05-2012) since I read them. But anyway, the second request is what gets me! 2011 was the first year I ever filed taxes. I wasn't required to before, as my income was below the required threshold. And I included in the packet a signed letter explaining that I was not required to file taxes for those years, and why.
Here are the instructions for tax evidence for I-864:
A copy of your complete Federal income tax return, as
filed with the Internal Revenue Service, for each of the
most recent 3 tax years. If you were not required to file a
tax return in any of the most recent 3 tax years, you must
provide an explanation.
What the heck?? Is this their mistake? Do I need to backfile taxes with my income listed at "0" or "$40" for the last three years, and wait for that to be processed?
Any advice? If I backfile taxes, can I submit my forms to the IRS and NVC at the same time, or do I need to wait and get evidence from the IRS? Has this happened to anyone, and how long did it slow you down for? We were just about to buy plane tickets....