RFE for IRS 2008

[steven_brenda 0]

Hi,

I received an RFE or request for initial evidence on June 20, 2009. They're asking about my husband's 2008 IRS because we werent able to send them his 2008 IRS. The problem is he did not file last year since he said he files his income tax every 2yrs because he is a self employed. Does someone have same situation as mine?

Can somebody give me some advice what's the best thing to do?

Thanks!!!

[Pumpui 0]

There is something fishy here. Self employed people have to file taxes every year, the same as everyone else.

You ability to sponsor an immigrant to the US depends primarily on your last years income being 125% of the poverty level.

If you have not filed taxes you must include a written explanation as to why, including the relevant IRS publications supporting your reason. Additionally, you must prove you meet the support requirements either with assets or a Joint Sponsor.

Probably your sponsor should file his 2008 taxes ASAP.

[steven_brenda 0]

Can i still submit a late filing for 2008 IRS to USCIS? Will they accept that?

Thanks!!

There is something fishy here. Self employed people have to file taxes every year, the same as everyone else.

You ability to sponsor an immigrant to the US depends primarily on your last years income being 125% of the poverty level.

If you have not filed taxes you must include a written explanation as to why, including the relevant IRS publications supporting your reason. Additionally, you must prove you meet the support requirements either with assets or a Joint Sponsor.

Probably your sponsor should file his 2008 taxes ASAP.

[Gary and Alla 3,696]

Hi,

I received an RFE or request for initial evidence on June 20, 2009. They're asking about my husband's 2008 IRS because we werent able to send them his 2008 IRS. The problem is he did not file last year since he said he files his income tax every 2yrs because he is a self employed. Does someone have same situation as mine?

Can somebody give me some advice what's the best thing to do?

Thanks!!!

He is required to file every year. There is no such thing as filing every two years for self employed. In fact, many self employed people have to file statements quarterly along with an annual filing. File his 2008 taxes now and send them a copy with all supporting documents.

[Gary and Alla 3,696]

Can i still submit a late filing for 2008 IRS to USCIS? Will they accept that?

Thanks!!

There is something fishy here. Self employed people have to file taxes every year, the same as everyone else.

You ability to sponsor an immigrant to the US depends primarily on your last years income being 125% of the poverty level.

If you have not filed taxes you must include a written explanation as to why, including the relevant IRS publications supporting your reason. Additionally, you must prove you meet the support requirements either with assets or a Joint Sponsor.

Probably your sponsor should file his 2008 taxes ASAP.

Yes, file it and send them the copy. Do not be surprised if they request a tax transcript since he is self employed, but you cannot decide that now. You will not be able to get a tax transcript for some weeks after the taxes are filed. I would file the tax, send a copy of the return in response to the RFE and see what happens. You must enclose a copy of every page of the tax return.

The decision to accept the sponsor has more to do with CURRENT income than last years, but they require that all the past three years have been filed.

[steven_brenda 0]

Thanks guys!!!

That is what we are going to do. File his income tax. We only submitted the copy of 2007, 2006, 2005 and 2004.

Thanks again!!

[steven_brenda 0]

Thanks Wilerao for sharing your ideas!!!

I appreciated it alot!!!

Thanks guys!!!

That is what we are going to do. File his income tax. We only submitted the copy of 2007, 2006, 2005 and 2004.

Thanks again!!

Self-employed or not, income tax returns MUST be filed every year by April 15 of each year unless an extension is asked/granted for a late filing. There is no such thing about filing taxes every two years. The only time someone doesn't need to file a tax returns is when someone has either no income or earn a very little income where s/he is not required to file tax returns by IRS laws. If someone was required to file taxes but s/he did not do that then interests and penalty are imposed on the taxes dues which could be so much when someone decides to file the taxes. Plus, IRS can start auditing and contacting the person after a few months later...and if someone will still fail to pay the required taxes then IRS might seek to prosecute that person. In your case, I see these possibilities-

(1) Just say that your husband did have an income last year (2008) wherein he was required to file tax returns and he has failed to file the tax returns then he should file the tax returns now. If he would file his tax returns electronically then tax transcript can be available in a week; otherwise he would need to wait at least 5 weeks before he can request IRS to send him the tax transcript. But he doesn't need to send tax transcript along with this RFE to the USCIS; rather copy to tax-returns would be okay but officer most proabably will like to see the tax transcripts at the time of interview. So make sure to obtain tax transcript before going to the interview.

(2) I think your husband might not have earned enough income for the last year. If so, then he was/is not required to file the tax returns. In this situation, what he needs to do is- write all this on a piece of paper to explain why he doesn't have tax returns for the last year because he didnt file it and he didn't file it because he was not required to file as per IRS law. Make sure to attach the copy of IRS publication/note of that page which states Who needs to file tax returns. He can get that from website in a second. This way USCIS won't even bother to ask for the tax returns.

(3) But if doesn't have income last year then your case will be decided based on his current income in this year. I suggest you guys to gather as many as evidences possible to prove his CURRENT income because officer at the interivew will question his current income and very much could deny your case. He won't have tax returns to prove his current income for this year but employment letter, paystubs for 2-3 months and bank statements will be needed. If not then you could get a co-sponsor....someone to sponsor you.