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RFE: Federal Income Tax Return missing

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Hi everybody,

I m really-really looking forward to get some feedback on the following case.

"In previous episodes:"

- I entered US in October'10 with K-1 visa

- We filed AOS package in November'10 and for NOAs in December'10 (with W2s only for Affidavit of Support)

- Biometrics invitation was delivered in December'10 (with appointment on January, 5th)

Yesterday RFE from USCIS came wit the following:

"x Submit a complete Federal Income Tax Return submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year"

I've just re-read Instructions for I-864.

I missed it while preparing the AOS package - there is a special part 25. Federal Income Tax Information that states:

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year."

and

"Do not submit copies of your State income tax returns."

My husband (who is the sponsor in this affidavit) has a package of his own records that consist of:

- Form 1040, US Individual Income Tax Return + Schedule A + Schedule M

- Tax Payments Worksheet

- Federal Carryover Worksheet

- Form 8453-OL

- Form 540 C1, CA Resident Income Tax Return

So, what do you think we should send to USCIS on this RFE?

Thanks a lot for any kind of ideas!!!


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And what is also on Instructions sheets:

"For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered"

So am I right thinking to send 1040 only?


My timeline is current and updated

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Go to www.IRS.gov and look up 4506-T form. Then, call the IRS and request the tax transcript ( I think they want to see last 3 yrs) - if you're next to a fax machine they can fax it over straight away and wait with you to make sure you received it alright. Or, you can ask them to mail it to you, takes about a week or two.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

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3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

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Go to www.IRS.gov and look up 4506-T form. Then, call the IRS and request the tax transcript ( I think they want to see last 3 yrs) - if you're next to a fax machine they can fax it over straight away and wait with you to make sure you received it alright. Or, you can ask them to mail it to you, takes about a week or two.

You can call the IRS and request "simple" transcripts, they are FREE.
You can obtain a free transcript by calling 800-829-1040 and following the prompts in the recorded message or by completing and mailing a request for a transcript to the address listed in the instructions.
http://www.irs.gov/taxtopics/tc156.html?portlet=1

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Thanks a lot for your advice!

IRS sent us a fax within an hour with transcript.

Any ideas how longer the AOS production will take place with this? (


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Having filed with Turbo Tax the short form prints out to one page so I am curious if that is enough or do I need the full 20 pages of jibber jabber that optionally prints?


May 2008 Met Online

June 2010 Traveled to GenSan and proposal accepted

July 27th 2010 mailed I129 to Vermount

July 30th 2010 Noa 1

October 03, 2010 "touched"

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Having filed with Turbo Tax the short form prints out to one page so I am curious if that is enough or do I need the full 20 pages of jibber jabber that optionally prints?

We sent all pages but those faxed from IRS


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Thank you for your reply, may I ask what number you called to have them fax the copies?

Telephone Assistance for Individuals:

Toll-Free, 1-800-829-1040

Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

http://www.irs.gov/help/article/0,,id=96730,00.html

They sent transcripts within 1 h


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If you had not send in your tax transcripts, you would need to send the entire federal tax return (Form 1040 + Schedule A + Schedule M). The worksheets would not be necessary, nor would the California tax return (Form 8453-OL and Form 540 C1). The tax return's not JUST the 1040, but also the supporting schedules (on which deductions, exemptions, income, blahblahblah, are claimed). Think of it like this: "What does the IRS want to know with my tax return?" So, any additional schedules and forms you'd fill out for your federal taxes, you'd send to USCIS.

Since you sent your tax transcripts, it's a non-issue.


I-129F Petition Mailed: 26 Oct 2009 ♥ NOA1: 27 Oct 2009 ♥ NOA2: 15 Jan 2010

K-1 VisaNVC: 22-27 Jan 2010 ♥ RdJ receipt: 1 Feb 2010 ♥ Packet 3/4: 12 Feb 2010 ♥ Interview: 4 May 2010

»-(¯`·.·´¯)-> Married (17 Aug 2010) <-(¯`·.·´¯)-«

AOS (I-485)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ To CSC: 20 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ RFE: 10 -16 Nov 2010 ♥ Approved: 18 Nov 2010

AP (I-131)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Approved: 20 Oct 2010

EAD (I-765)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ Approved: 20 Oct 2010

ROC (I-751)Mailed: 6 Nov 2012 ♥ NOA: 7 Nov 2012 ♥ Biometrics: 5 Dec 2012 ♥ Approved: 15 May 2013

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Having filed with Turbo Tax the short form prints out to one page so I am curious if that is enough or do I need the full 20 pages of jibber jabber that optionally prints?

No, the TurboTax summary isn't enough. If it has FORM or SCHEDULE as the name then it's part of the return. Anything called "Worksheet" by TurboTax isn't an IRS form and is not needed. And to be complete, you have to attach a photocopy of your W2 (and/or 1099 if you get significant income reported to you on that.)


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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In all honesty, tax transcripts are the absolute easiest way to get them what they want. You don't have to mess with looking for your W2s and 1099s, you don't need to worry about "did I send all of the return?" or not. You also save a bit in postage. My tax return is fairly massive, but my tax transcripts were two pages per year in size. Less papers for you to send is less papers for them to lose.


I-129F Petition Mailed: 26 Oct 2009 ♥ NOA1: 27 Oct 2009 ♥ NOA2: 15 Jan 2010

K-1 VisaNVC: 22-27 Jan 2010 ♥ RdJ receipt: 1 Feb 2010 ♥ Packet 3/4: 12 Feb 2010 ♥ Interview: 4 May 2010

»-(¯`·.·´¯)-> Married (17 Aug 2010) <-(¯`·.·´¯)-«

AOS (I-485)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ To CSC: 20 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ RFE: 10 -16 Nov 2010 ♥ Approved: 18 Nov 2010

AP (I-131)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Approved: 20 Oct 2010

EAD (I-765)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ Approved: 20 Oct 2010

ROC (I-751)Mailed: 6 Nov 2012 ♥ NOA: 7 Nov 2012 ♥ Biometrics: 5 Dec 2012 ♥ Approved: 15 May 2013

Naturalization (N-400)Mailed: 03 August 2015 ♥ NOA: 07 August 2015 ♥ Biometrics: 3 Sept 2015 ♥ Interview: 13 Nov 2015 ♥ Oath: 8 Dec '15

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You can call the IRS and request "simple" transcripts, they are FREE.

http://www.irs.gov/t....html?portlet=1

Hi, I just finished filing my 2010 and my tax advisor said I could not get any transcripts for a few months at least for the 2010 taxes. I have all my leftover past years from filing the K1 and that I have already. I got copies of my w'2s, is there anything else I need to copy and send. I will be sending my AOS paperwork next week with all hopes.

Thank you.

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Hi, I just finished filing my 2010 and my tax advisor said I could not get any transcripts for a few months at least for the 2010 taxes. I have all my leftover past years from filing the K1 and that I have already. I got copies of my w'2s, is there anything else I need to copy and send. I will be sending my AOS paperwork next week with all hopes.

Thank you.

That's what I thought about 2010 transcripts. You need to send a printed copy of your entire tax return plus the W2s. That could be Form 1040 and any Schedules (A, B, C, D, M etc) which are part of your return. Each person's will be different based on personal tax situatiion. Sign and date the Form 1040, page 2 for good measure


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Very helpful post!


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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