Tax Transcript Question and General Critique

[Jamericanlove 31]

Hi everyone.

I can't believe time has flown so fast and in another 2 months it will be time to remove conditions. We've already started gathering our evidence and we think we have a decent amount of things. Here's what we'll have in our packet.

1. I-751 petition and a check for $545.

2. Copy of green card.

3. A copy of our Military ID’s.

4. Copy of his life insurance policy showing me as beneficiary.

5. Copies of apartment leases in both names for 2009-2010 and 2010-2011.

6. Copy of joint loan agreement (one year left on the loan).

7. A recent copy of our joint bank account statement.

8. Tax return transcripts (this is where I have a bit of an issue).

9. Copies of our health/dental cards.

10. 6 pictures of us together with my parents, his mother and brother and just of us together having fun (bowling with friends, etc).

We filed our 2009 returns as married filling jointly so that's not a problem and I can order the transcripts any time, but we are required to have 2 years transcripts right?

Well here's the thing...Hubby was deployed for almost all of 2008 so the amount of money he was taxed on was very little, around $10,000. If we'd filed married filing jointly we would have been below the income threshold to file, wouldn't have had to and wouldn't have gotten back anything. Instead, hubby decided to file married filing separately so he would meet the limit and get back a couple dollars. I was finishing up my graduate degree in 2008 so I didn't work or have any income and so there was no need for me to file.

My question is...should hubby request a transcript for his 2008 returns and we include it to show the "married filing separately status" even though I didn't file or should we leave it out all together and just send the 2009 transcripts?

We're a little stuck on this issue and looking for some advice. Any help and general comments on what we have to submit would be greatly appreciated!

Edited May 2, 2010 by Jamericanlove

[Jamericanlove 31]

Hi everyone.

I can't believe time has flown so fast and in another 2 months it will be time to remove conditions. We've already started gathering our evidence and we think we have a decent amount of things. Here's what we'll have in our packet.

1. I-751 petition and a check for $545.

2. Copy of green card.

3. A copy of our Military ID’s.

4. Copy of his life insurance policy showing me as beneficiary.

5. Copies of apartment leases in both names for 2009-2010 and 2010-2011.

6. Copy of joint loan agreement (one year left on the loan).

7. A recent copy of our joint bank account statement.

8. Tax return transcripts (this is where I have a bit of an issue).

9. Copies of our health/dental cards.

10. 6 pictures of us together with my parents, his mother and brother and just of us together having fun (bowling with friends, etc).

We filed our 2009 returns as married filling jointly so that's not a problem and I can order the transcripts any time, but we are required to have 2 years transcripts right?

Well here's the thing...Hubby was deployed for almost all of 2008 so the amount of money he was taxed on was very little, around $10,000. If we'd filed married filing jointly we would have been below the income threshold to file, wouldn't have had to and wouldn't have gotten back anything. Instead, hubby decided to file married filing separately so he would meet the limit and get back a couple dollars. I was finishing up my graduate degree in 2008 so I didn't work or have any income and so there was no need for me to file.

My question is...should hubby request a transcript for his 2008 returns and we include it to show the "married filing separately status" even though I didn't file or should we leave it out all together and just send the 2009 transcripts?

We're a little stuck on this issue and looking for some advice. Any help and general comments on what we have to submit would be greatly appreciated!

Scratch that $10,000 I just checked and it was actually less than that in taxable income.

[I AM NOT THAT GUY 5,715]

Don't worry too much about what is on the tax returns, as long as they show that you both filed from the same address. The USCIS is not really looking as to whether the USC can support the alien at this point, but rather that both parties are contributing toward a valid (bona fide) marriage. Besides, the amount they would, if they were to, look at, would be the gross income, or perhaps net income, not taxable income.

[Jamericanlove 31]

Don't worry too much about what is on the tax returns, as long as they show that you both filed from the same address. The USCIS is not really looking as to whether the USC can support the alien at this point, but rather that both parties are contributing toward a valid (bona fide) marriage. Besides, the amount they would, if they were to, look at, would be the gross income, or perhaps net income, not taxable income.

Thanks for the reply but I don't think you understood my question.

We're not worried about how much money was made. His income is non-taxable during deployment and he was deployed for more then 3/4ths of 2008. Our concern is the fact that I didn't file taxes for that year since I didn't have to.

Do you think it would be o.k. if we submitted only hubby's taxes for that year since the status on it is married filing separately or just leave it out of the packet since I don't have a "matching" one for that year that also says married filing separately OR should we just submit the 2009 tax return that we filed married filing jointly and leave out the 2008 one completely.

Anybody?

Edited May 2, 2010 by Jamericanlove

[I AM NOT THAT GUY 5,715]

You can only send what you have. If you think an explanation is required, you can do that with your cover letter. None of the listed evidence is "required", it is only offered as items that would support your application. The instructions for the I-751, and even the RFE's don't ask for any particular evidence, just gives examples that are neither inclusive, or exclusive.

[Jamericanlove 31]

You can only send what you have. If you think an explanation is required, you can do that with your cover letter. None of the listed evidence is "required", it is only offered as items that would support your application. The instructions for the I-751, and even the RFE's don't ask for any particular evidence, just gives examples that are neither inclusive, or exclusive.

Thanks for this reply. Based on what you said, do you think with our other evidence it would be enough to add just the 2009 tax transcript? We're just trying our best not to get RFE'd.

[I AM NOT THAT GUY 5,715]

I would try it. Like you are thinking, "Why lead them down a path you don't want them to take?"

If you guys own a car, you may want to put a copy of the title in there, if it is in both names.

[Jamericanlove 31]

I would try it. Like you are thinking, "Why lead them down a path you don't want them to take?"

If you guys own a car, you may want to put a copy of the title in there, if it is in both names.

We have a car but everything is in his name because I don't drive. We do have other joint property though that I can include evidence for. Thank you.

[Brother Hesekiel 2,236]

You include everything that will HELP you make your case. However, since the tax returns are top-level evidence, I would briefly explain this in my cover letter.

That aside, you have MORE than enough evidence for a smooth approval.

[Jamericanlove 31]

You include everything that will HELP you make your case. However, since the tax returns are top-level evidence, I would briefly explain this in my cover letter.

That aside, you have MORE than enough evidence for a smooth approval.

Thank you Just Bob. I was actually hoping you'd answer because I've seen you give so many others excellent advice. I was thinking we had more than enough but I don't mind it being just a little bit more than necessary to make it clear we are still together and loving our life. I hope our adjudicating officer also thinks we've supplied more than enough.

I think I will do just what you suggest and include our joint 2009 transcript as well as his 2008 transcript with married status along with a short explanation attached for why I don't have one for that year.

Thanks again.

[Jamericanlove 31]

Well I have one more thing to add to our packet. Our car decided to start acting up so we bit the bullet and bought a new one. I don't think our packet needs more but I'll add it since it's just one page more of evidence.

[besaangel 18]

Well I have one more thing to add to our packet. Our car decided to start acting up so we bit the bullet and bought a new one. I don't think our packet needs more but I'll add it since it's just one page more of evidence.

Couldnt hurt to add...