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Filed: AOS (pnd) Country: Thailand
Timeline
Posted

Does anyone have advice on this?

I am the U.S. Citizen, my wife is filing for AOS. We got an RFE stating:

The petitioner/sponsor on form I-864, Affidavit of Support, indicates they are self employed. Please submit one of the following:

IRS issued transcripts of your Federal income tax return for the most recent tax year,

OR

The Federal Income Tax Form 1040 and supporting schedules filed with the IRS for the most recent tax year.

I became self-employed January 4.2010 so I have not filed any taxes for this year yet. Last year I was employed by a company, and sent my tax transcripts in for 2009 along with a letter stating that I have just recently become self-employed.

Should I send the transcripts in for 2009 again or is there something else they want?

Thanks for any help.

Posted

It sounds like they're confused or lost what you originally sent. I would write a letter again explaining your situation - that last year you were working for an employer (and again include that 2009 tax transcript in case they lost it) and you did not become self employed until Jan 4 2010, so you have no tax return yet for 2010. I'm not sure if you're paying any estimates to the IRS - if you are, I'd include documentation of that as well - my mom was self employed and that's what she always did - though I'm sure there are different ways to do it.

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Posted

It sounds like they're confused or lost what you originally sent. I would write a letter again explaining your situation - that last year you were working for an employer (and again include that 2009 tax transcript in case they lost it) and you did not become self employed until Jan 4 2010, so you have no tax return yet for 2010. I'm not sure if you're paying any estimates to the IRS - if you are, I'd include documentation of that as well - my mom was self employed and that's what she always did - though I'm sure there are different ways to do it.

I agree with everything in this response. Looks like a case of bureaucratic tunnel-vision;

they look at only one thing and either lost the other relevant document or ignored it.

It looks like you almost gave them too much information, because I think you would have

been OK just giving the 2009 tax transcripts. Be prepared to send another copy of that

in case they ones they got disappeared, and be sure to black out the social security numbers

on the transcript form because it will have your name & address identifying you.

The fewer people that see your SSN the better. I did that when I sent in my transcrips

and there were no objections. The SSN number is printed on multiple pages, so make

sure none appear.

If you have an immigration form requiring the SSN you have to put it there, but anywhere

else it's best to avoid gratuitous copies of your SSN.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

Filed: AOS (pnd) Country: Thailand
Timeline
Posted

I agree with everything in this response. Looks like a case of bureaucratic tunnel-vision;

they look at only one thing and either lost the other relevant document or ignored it.

It looks like you almost gave them too much information, because I think you would have

been OK just giving the 2009 tax transcripts. Be prepared to send another copy of that

in case they ones they got disappeared, and be sure to black out the social security numbers

on the transcript form because it will have your name & address identifying you.

The fewer people that see your SSN the better. I did that when I sent in my transcrips

and there were no objections. The SSN number is printed on multiple pages, so make

sure none appear.

If you have an immigration form requiring the SSN you have to put it there, but anywhere

else it's best to avoid gratuitous copies of your SSN.

Thanks for the reply's. I'm going to do exactly this. If it's not what they want will they send another RFE or something else?

Posted

Thanks for the reply's. I'm going to do exactly this. If it's not what they want will they send another RFE or something else?

If it's not what they want, they will tell you what it is that they want; the likelihood of an RFE

for an unrelated question is remote I think because any "deficiency" in your application should

have been listed on the RFE form you got.

It's best to contact them because the self-employment issue should be moot;

you're only required to provide the most recent tax transcript and that would

be for 2009.

If they want to see proof of income while you were self-employed

you should provide that as proof of your current income.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

 
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