RFE for I-864 -- what to include in response??

[AnD 0]

Hi guys,

I need some help! We are filing for AOS and received an RFE relating to the I-864. We meet the poverty guidelines but because my husband has been deployed a lot since 2007, the taxable income is misleading (since their income is tax exempt during periods of deployment).

With our original pack, we submitted 6 months worth of pay stubs, which included a roll-up of the annual income FOR 2009. We also sent the tax returns for 2009, 2008, and 2007 with an explanation of why the taxable income appears low.

The RFE now asks for:

"Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service from the petitioner/sponsor on Form I-864, for the most recent tax year".

So we've got the W2 for 2009 and the tax schedule for 2009 (which was a bit weird since he never submitted a tax schedule to the IRS since they produce it!). He says 1099 is not applicable.

So questions to my fellow VJ'ers, please:

• Is it enough to send the W2 and tax schedule for 2009 OR do should I resend all the info relating to the affidavit, including W2, pay stubs, tax returns and tax schedule?
  
• Do I need to include a cover letter, and what should it say?
  
• Do we need to send more paystubs or more W2s other than for 2009?
  
• Am I missing anything?
  

I want to make sure we provide all the info, without flooding them with stuff that will make them mad! Any help, comments or experiences would be much appreciated!!! THANKS GUYS!!!

[Inky 1,110]

I cannot for the life of me.. remember what the sheet is called.. But my husband was able to get a print out of the pay grade sheets and a print out of his job information showing his rank pay etc. We stapled the two together and included LES and W2s and tax transcripts that we got from the IRS. I highlighted the YTD on his LES and a couple of the boxes on his W2s.. ( sorry cant remember which ones on that i think one was the SS box.. and the other was the total box) We also included the sheet he was able to print out showing his upcoming pin on that showed new rank, new pay etc.

We had the same thing really low taxes because of deployments but we didnt get any RFEs. I highlighted everything that showed total anual pay and stuff.

Not sure if thats any help! sorry.

[AnD 0]

I cannot for the life of me.. remember what the sheet is called.. But my husband was able to get a print out of the pay grade sheets and a print out of his job information showing his rank pay etc. We stapled the two together and included LES and W2s and tax transcripts that we got from the IRS. I highlighted the YTD on his LES and a couple of the boxes on his W2s.. ( sorry cant remember which ones on that i think one was the SS box.. and the other was the total box) We also included the sheet he was able to print out showing his upcoming pin on that showed new rank, new pay etc.

We had the same thing really low taxes because of deployments but we didnt get any RFEs. I highlighted everything that showed total anual pay and stuff.

Not sure if thats any help! sorry.

That helps a lot already! Did you include a cover letter? I'm going to copy your post and send it to hubby now, hopefully he can decode all your acronyms haha! Thank you!

Still wondering about details of responses for anyone else who might have gotten RFEs for their I-864 and not because they didn't meet the poverty level or had co-sponsors. Our case seems so clear (to me) but obviously it's not to USCIS... *sigh*

[Anh map 2,098]

From whoat you've stated above it sounds like you submitted the 2009 tax return without any of the supporting documents (such as W2, 1099, and any of the tax schedules ( these are forms that are filed in conjunction with a tax return). The RFE is asking for the missing supporting docs. I suggest that you submit a complete copy of the package used to file the tax return. Or, you could obtain the free of charge tax transcript ( Tax Transcript Info ) by calling 800-829-1040 and send that instead of all the documents.

A Schedule is something that a filer provides, not the IRS. You may have confused the terms.

[Inky 1,110]

That helps a lot already! Did you include a cover letter? I'm going to copy your post and send it to hubby now, hopefully he can decode all your acronyms haha! Thank you!

Still wondering about details of responses for anyone else who might have gotten RFEs for their I-864 and not because they didn't meet the poverty level or had co-sponsors. Our case seems so clear (to me) but obviously it's not to USCIS... *sigh*

We didnt include a cover letter but im sure you could do one up stating he had a lot of deployments and that they are tax free thats why the taxes are lower.

Tax transcripts took 1 week to get from the IRS but you can get them faxed same day / next day to you too. They are just a short form of the tax raturn.

All the aconyms confuse me too still! thats why I can't remember half of them LOL.

we didnt have a co-sponsor btw because his anual was well above poverty line.

[AnD 0]

From whoat you've stated above it sounds like you submitted the 2009 tax return without any of the supporting documents (such as W2, 1099, and any of the tax schedules ( these are forms that are filed in conjunction with a tax return). The RFE is asking for the missing supporting docs. I suggest that you submit a complete copy of the package used to file the tax return. Or, you could obtain the free of charge tax transcript ( Tax Transcript Info ) by calling 800-829-1040 and send that instead of all the documents.

A Schedule is something that a filer provides, not the IRS. You may have confused the terms.

Ah! Sorry. Since I'm not the US Citizen, the whole tax filing terminology and documentation confuses me! So what is a tax schedule exactly? I've got something labelled a tax schedule for 2009 but looking at the page numbers it seems to be over a hundred pages long. Surely you don't submit that every time you file your taxes? Is this it? and we have to send that? http://www.irs.gov/pub/irs-pdf/i1040tt.pdf But you say the tax schedule is not provided by the IRS? Where do you obtain a tax schedule? I'd rather not have to wait for a tax transcript, if we can do without.... Regarding 1099, not everyone files that, do they?

Edited November 16, 2010 by AnD

[Anh map 2,098]

As Inky stated, transcripts can be faxed in a few hours.

Schedules are used when a person has a lot of investments, is a farmer, owns their own business, etc. If he just got wages from working for a salary then he may not have any schedules that go along with his income tax return (form 1040, 1040A, 1040EZ).

It may be helpful to have someone familiar with the tax forms, terms, etc. help you organize the response.

[Inky 1,110]

I grabbed this from military .com

Form 1099

Form 1099 is used to report income received from a source other than an employer. If you earn interest from a savings account or dividends from stock shares, this income will be reported to you and the IRS. If you received a refund of state income taxes in 2009, the state that issued you the refund will report the amount of the refund on Form 1099. Additionally, if you work as an independent contractor — such as a computer programmer that works freelance — any company that paid you more than $600 is required to report the contractor's total fee on Form 1099. Finally, if you receive these forms, compare them carefully to the last paycheck or earnings statement for 2009. If there are any differences, discuss them as soon as possible with the company that issued the W-2 or 1099. If the employer made a mistake, insist that they file a corrected copy with the IRS immediately.

http://www.military.com/Finance/content/0,15356,85138,00.html

[Inky 1,110]

I think if you can, have him get tax transcripts from the IRS, include the W2s. Include the pay stubs (LES) you put before plus any newer ones he has too. Then stick on a letter stating his deployments and the non taxability of deployment pay. If he figures out what the sheets were that I mentioned before see if he can get thos too. ( sorry husband is currently deployed himself or I would ask him LOL )

It would be weird that they wouldnt notice he was military.. I would think it is general knowledge that their deployments are not taxed.

[AnD 0]

I think if you can, have him get tax transcripts from the IRS, include the W2s. Include the pay stubs (LES) you put before plus any newer ones he has too. Then stick on a letter stating his deployments and the non taxability of deployment pay. If he figures out what the sheets were that I mentioned before see if he can get thos too. ( sorry husband is currently deployed himself or I would ask him LOL )

It would be weird that they wouldnt notice he was military.. I would think it is general knowledge that their deployments are not taxed.

Thanks Inky for being super helpful!!!!

[Harpa Timsah 13,258]

I agree with Anh map that they are not saying there is a problem with the salary or tax or anything, but simply that you did not include W2s with your application, which is required. A W2 is a perforated piece of paper that you get from your employer at the end of the year. Once you rip apart the pieces all you are left with is a piece of paper a few inches big (if you did paper filing). If you can't find that, then you can do the tax transcript thing which is BOTH a tax return and a W2. Good luck!

[Inky 1,110]

I agree with Anh map that they are not saying there is a problem with the salary or tax or anything, but simply that you did not include W2s with your application, which is required. A W2 is a perforated piece of paper that you get from your employer at the end of the year. Once you rip apart the pieces all you are left with is a piece of paper a few inches big (if you did paper filing). If you can't find that, then you can do the tax transcript thing which is BOTH a tax return and a W2. Good luck!

Military W2s are online, they are not given paper. They have to log on and print them out themselfs. Nothing to rip apart no pieces, just 1 sheet print out.

[JoannaV 173]

My husband had a physical military W2 last year, but anyway.

Probably is a good idea to get the tax transcripts because then it should be accepted even if you inadvertently miss one of his W2s or 1099s.

[Harpa Timsah 13,258]

Military W2s are online, they are not given paper. They have to log on and print them out themselfs. Nothing to rip apart no pieces, just 1 sheet print out.

Good to know

[soon2batexan 3]

I would recommend requesting tax transcripts from the IRS...that's the best route to go, and it's pretty quick. You can call and request them, takes about a week unless they fax it. I believe the i-864 instructions state that if you have IRS Tax Transcripts, the W2 and 1099 aren't required anyway. All the best!