RFE I-864....Please help!

[pixie77 2]

Hi Everyone,

We got our RFE today in yellow paper for I-485. They are asking for "Federal Income tax return submitted to IRS in the most recent tax year".

My husband hasn't filed yet his 2009 federal Income Tax return, he usually avails of the extension and so he is filing in October which he usually does. We submitted 2006 to 2008 Tax years paper work [ W2's, Form 1040 + schedules & form 1099], for 2009 we only submitted w2 and form 1099 as he has not filed yet. We have mentioned this on our cover letter and explained to them he's filing late, obviously they have disregarded that.

How do we go about this? Should my husband file his federal income tax now and wait for the paperworks from his accountant before responding to the RFE? or should we send a letter explaining the situation?

Your help will be greatly appreciated.

Thanks!

[JimVaPhuong 4,863]

The "most recent tax year" was 2009. The filing deadline was April 15th, 2010. USCIS seems to also use this date to determine what would be considered the "most recent tax year". Before April 15th, they'd accept the 2008 return. After April 15th, they want the 2009 tax return. I've never looked for an official USCIS policy on this, but I've seen plenty of people who've had their I-864 denied because they couldn't produce the requested tax return. I don't think your letter of explanation is going to help. I think your husband needs to get that tax return filed ASAP and send a copy of it to USCIS.

[NINA80 9]

Just let you husband files his 2009 tax return then send them a copy of all the paper work that was send to the IRS. Usually they give you 87 day to respond the RF letter also put in mind that they will make their decision on whatever you send to them!!!

[NigeriaorBust 4,087]

I agree with everyone, just because he doesn't submit the final docs until later he has to do an estimate to make sure everything is paid on time. This year and next ( because of AOS ) he is going to have to produce the tax papers ASAP.

[pixie77 2]

Thanks Jim & Nina..

My husband is going to call his accountant tomorrow and start working on the filing....Thanks all for your help.

I super appreciate it!

Thanks NigerianBust!