Frustrating RFE!!

[TimandJoyce 1]

Hello all. We were sent a RFE on Nov. 17 and of course have a time limit to get the info together., (87 days) However, it's going to be hard!

Tim is on disability and does not pay or file tax returns, so he doesn't have one for 2008. He did however send his 2007, and 2006 with the AOS package, and I guess assumed that they would see he's on disability, ( he sent the letter that shows what his monthly income would be). Any suggestions on what he should send in? I mentioned writing a letter and getting it notarized that he doesn't file taxes anymore.

There is also the part of the household member's income added to the yearly household income. I had added the fact that I receive a monthly (from Canada) survivors benefit. The instructions when filling out that part only stated that the income could be included if it was from the same source and continual, ( or something like that). Now of course they want proof that I'm authorized to work in the US, which of course I'm not at this time. So I can not send in any of the examples they list. I also included in with the AOS package from my taxes last year the amount that I received, so that they would see what benefit I was getting. Again, I thought of writing a letter explaining that I will receive that benefit, even though I'm married and live in another Country, and will do so till the day I die. I did not realize that it might not be allowed to be included with the household income. Ugh...what to do??? what to do???

I'm thinking we'll fill out the affidavit of support AGAIN but this time leave off my benefits that I get. That way, USCIS will have two copies, one with it, and one without. *shrugs* I'm just kinda grasping at straws as how to fix this little problem...

I'd rather they just tell us to have an interview so we can explain in person! No doubt that's going to happen anyway.

I hope that someone out there has gotten RFE's for the impossible. I'm anxious to get this over with! I suppose Tim's RFE that they want could be an easy fix by obtaining proof from somewhere he no longer files taxes, but mine will be more difficult I'm sure.

Thanks for your responses!

[Anh map 2,098]

You must supply the information along with the affidavit of support. The adjudicating officer will not assume anything about a person's situation. They need the documentation submitted along with the proper form(s)

Did you supply the required evidence for the intending immigrant's income as written in the I-864 instructions page 7?

If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a),evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided.

Did the USC sponsor include a letter regarding non-filing of 2008 taxes as shown in the I-864 instructions page 8?

If you were not required to file a Federal income tax return under U.S. taxl aw because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

He needs to explain why he is not required to file a tax return. You need to prove that the income will conitinue when you become an LPR.

Edited November 25, 2009 by Anh map

[Gary and Alla 3,694]

Hello all. We were sent a RFE on Nov. 17 and of course have a time limit to get the info together., (87 days) However, it's going to be hard!

Tim is on disability and does not pay or file tax returns, so he doesn't have one for 2008. He did however send his 2007, and 2006 with the AOS package, and I guess assumed that they would see he's on disability, ( he sent the letter that shows what his monthly income would be). Any suggestions on what he should send in? I mentioned writing a letter and getting it notarized that he doesn't file taxes anymore.

There is also the part of the household member's income added to the yearly household income. I had added the fact that I receive a monthly (from Canada) survivors benefit. The instructions when filling out that part only stated that the income could be included if it was from the same source and continual, ( or something like that). Now of course they want proof that I'm authorized to work in the US, which of course I'm not at this time. So I can not send in any of the examples they list. I also included in with the AOS package from my taxes last year the amount that I received, so that they would see what benefit I was getting. Again, I thought of writing a letter explaining that I will receive that benefit, even though I'm married and live in another Country, and will do so till the day I die. I did not realize that it might not be allowed to be included with the household income. Ugh...what to do??? what to do???

I'm thinking we'll fill out the affidavit of support AGAIN but this time leave off my benefits that I get. That way, USCIS will have two copies, one with it, and one without. *shrugs* I'm just kinda grasping at straws as how to fix this little problem...

I'd rather they just tell us to have an interview so we can explain in person! No doubt that's going to happen anyway.

I hope that someone out there has gotten RFE's for the impossible. I'm anxious to get this over with! I suppose Tim's RFE that they want could be an easy fix by obtaining proof from somewhere he no longer files taxes, but mine will be more difficult I'm sure.

Thanks for your responses!

If he is not required to file because he has no taxable income, then you need a letter explaining that and specifying the exact exemption in the tax law. A review of the 2008/1040 tax instructions should provide the answer. It is possible that he is exempt from tax but NOT from filing a tax return. Check the IRS rules and see.

You are receiving a survivors benefit, it is not from employment and you do not need to be authorized to work in the USA to recieve it. If you are including it as income (or assets, it may more proerly be called an asset) then you need to document the source and permanancy of the source. Explain clearly it is NOT income from work.