i485 RFE for I864

[greatk 3]

Hi All,

VJ has been a lot helpful and guiding throughout my AOP application. I am really thankful to VJ.

I had submitted my application on feb 2011 and have recieved Letter of Bio(Appointment Date 04/13/2011).

My wife(sponsor/petitionar) has started working from this Jan 2011. In the past years she was a student and was shown as dependent on her parents tax return.

I(beneficiary) started working Nov 2010, i showed her income start date of the Job Jan 2011 and my income start date Nov 2010 on i864.

my wife(sponsor/petitionar)dint work in past year and had no income therefore she had no tax returns under her name.

I dint send any tax returns to USCIS but i did send her pay stubs and my employment letter.

Now, I have recieved RFE asking for Fedral Tax return( form 1040) of the sponsor/petitioner for the Year 2009.

should i send her parents tax return 1040 on which she is shown as dependent to uscis with her employment letter and pay stubs and is that going to be fine?

Please Help!

[Harpa Timsah 13,258]

Dependents are also required to file taxes of their own if they work and make over a certain amount. If your wife did not have any income, then I would submit a statement showing why she was not required to file taxes - but being on her parent's taxes is not the reason. Good luck.

[amykathleen2005 441]

You will need a letter stating why she did not file for taxes.

[greatk 3]

Thanks for the quick response guys i really needed that...

Here is my situation

I sent cover letter stating that

a. Copy of biographic page of passport with entry stamps, I-94, F-1 Visa, EAD Card (Front and Back) and Latest Form I-20.

b. Copy of birth certificate of applicant.

c. I-864, Affidavit of Support, filled out by my sponsor (Petitioner), and supporting documents:

• Copy of Pay stub(s) showing income for the month of January.

• IRS Tax returns are not attached because sponsor (Petitioner) was going to school and was dependent on her parent’s Tax return.

d. Evidence of income of the intending immigrant (spouse) for line 24b of form I-864

• Letter from employer verifying employment and salary.

USCIS specifically asked for 2009 Tax return which will be sponsor (Petitioner) parents return on which she is dependent.

sponsor (Petitioner) dint work for the year 2009 therefore no income and was shown as dependent.

Her parents 2009 Tax return has business loss and no income which might become a red flag and this is the reason i dint send the return in the first place.

sponsor (Petitioner) started working from Jan 2011 as a intern and luckily she is now hired full time.

Now i am thinking of sending following documents:

- Letter stating that sponsor (Petitioner) dint work for the year 2009 therefore no income, she was going to school and shown as dependent on her parents return. will these reasons going to fine for not filling 2009 personal tax return.

- Employment Letter and Pay stubs untill now.

- i-864 ( should i send the same exact form or change the annual income as it has increased now being a full time Employee)

[Harpa Timsah 13,258]

As I said, the fact that she is shown as a dependent is a non-issue. You will need to show that she was not required to file tax returns because she had no income in 2009. I'd even look up the tax rules and print out the law which states that people who earn under XX amount are not required to file taxes.

I repeat - the fact that she is listed as a dependent is NOT the reason she is not required to file taxes (your original submission indicates this is why there are no tax returns, which is not the right reason). It has nothing to do with it. Show that she is statutorily not required to file taxes for 2009. Good luck.

Edited March 31, 2011 by Harpa Timsah

[Myopia 93]

Harpah is right.

You have to act as if they have no idea what the laws are.

[greatk 3]

Please advise: Following are the documents i am thinking of submitting in support/addition to the original form i-864

1) cover letter why you didn't file the tax returns and recently got the job, so ask them to use your current year income for I-864 purpose

2) proof of not filing tax return.letter from IRS stating that you didn't file the tax return for the year 2009.

3) school record attendance such as the copy of your classes attended and GPA

4) Include your parents tax return, which has sponsor/petitioner as dependent

5) Employment verification letter from current employer

6) Copy of Pay Stubs

I have read the following in one of the USCIS memorandum which supports my case:-

"USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s)."

Please adivice and comment...

[Anh map 2,098]

The RFE is asking about the 09 return. Send in a response addressing the 09 return only! That response is a statement from the sponsor stating why they were not required to file a tax return. From what you've stated the reason is that she did not work and had no income.

From page 8 of the I-864 Instructions: If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

[greatk 3]

The RFE is asking about the 09 return. Send in a response addressing the 09 return only! That response is a statement from the sponsor stating why they were not required to file a tax return. From what you've stated the reason is that she did not work and had no income.

From page 8 of the I-864 Instructions: If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

Therefore, i will write that she dint work and had no income for the year 2009 and was a full time student.

Attaching IRS non-filing transcript for the Year 2009 as eveidence.

- Emp Letter and Pay stubs

- Parents Return on which she is dependent (should i send this..if sending the transcript??)

I am attaching her employment letter because she started this job as part-time but now she is full time.

Are these documents going to be fine/enough?

[greatk 3]

Thanks for the Reply Guys appreciate your help.

I will have transcript of 2009 non-filing tax return of my wife today.

Now as i have all following documents ready with me i just want to explain my case one more time to be clear and need your help which documents will be safe to be sent out

My wife and myself just started working. my wife in Jan 2011 and myself Nov 2010.

I have sent out my AOS(i130, 1485 & i765) in Feb 2011

Her Parents have Loss in thier tax returns therefore no income and they cant sponsor me.

Because of this i used my income and my wife's income.

She started as a part time and now she got a full time offer therefore she will continue at the same place.

to be on the safe side i am thinking of sending her new employment letter which indicates her full time status.

I am not sure if USCIS have accepted the income i have sent because my income and my wife (sponsor/petitioner) is well offer the Poverty line.

• New Full time Employment Letter
  
• Pay stubs as Part time Emp from Jan 2011
  
• Parents tax return on which she is dependent
  
• letter stating that "I was a full-time student in 2009 and earned no income and thus was not required to file Tax Return for the year 2009".
  

Apologies for the repeatition..

[Nich-Nick 3,353]

You got the RFE because you did not send the latest tax return for your wife. That is the 2009 return until April 18, 2011. After April 18, 2011 the latest return is the 2010 return. You telling them why she didn't file in your cover letter did not follow their rules. It should have been a separate statement written by her and signed by her. That's all the RFE is asking for -- a statement written and signed by her saying she earned $0 in 2009 and was not required to file a tax return.

Do NOT send the parents return. It does not help.

Proof of not filing from the IRS does not help. It doesn't say WHY she didn't file. If I earned money and just didn't bother to file, the IRS would say I didn't file, but that doesn't excuse me from filing. She must write a statement with her signature saying WHY she did not have to file.

Her income to write on the I-864 is her current monthly salary x 12 = ?

An employer letter saying she works full time and stating she earns that much is proof.

Pay stubs showing she earns that much is proof.

[greatk 3]

You got the RFE because you did not send the latest tax return for your wife. That is the 2009 return until April 18, 2011. After April 18, 2011 the latest return is the 2010 return. You telling them why she didn't file in your cover letter did not follow their rules. It should have been a separate statement written by her and signed by her. That's all the RFE is asking for -- a statement written and signed by her saying she earned $0 in 2009 and was not required to file a tax return.

Do NOT send the parents return. It does not help.

Proof of not filing from the IRS does not help. It doesn't say WHY she didn't file. If I earned money and just didn't bother to file, the IRS would say I didn't file, but that doesn't excuse me from filing. She must write a statement with her signature saying WHY she did not have to file.

Her income to write on the I-864 is her current monthly salary x 12 = ?

An employer letter saying she works full time and stating she earns that much is proof.

Pay stubs showing she earns that much is proof.

Great...thanks a lot for your fast response.

I will send in Her Emp letter, Pay stubs and letter stating she earned $0 in 2009 and was not required to file a tax return.

I have another question which will be my last hopefully..

I have indicated her annual income on i864 as $40k but on her new Emp letter it has increased.

Should i send the same exact copy of the i864 with the RFE package or should i update the annual income to the increased income shown on her Emp letter.

Again thanks for the reply...really helpful.. i was so confused about what docuemnts will be appropriate to be sent but you took away all the confusions with your response in addition to other guys.

[Nich-Nick 3,353]

$40,000 sounds like plenty of money, so adding new amounts won't do anything for you. The only thing they seem to want is a 2009 tax return or a statement saying why she didn't file. If you already sent an employer letter showing enough income, then leave it alone. Only send what they asked for and don't muddy the waters with extras.

Save the new letter and paystubs to show at your interview if they happen to discuss income. If they didn't think what you sent already proved enough income, they would have asked for that too. It seems all they need from you is a reason why no tax return. Nothing more.

Copy the RFE notice (for you records) and mail the original notice back with your response.

A VJ tip from the guides: Mark both the envelope and the cover letter as to the nature of the submission. Example: RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION

[greatk 3]

$40,000 sounds like plenty of money, so adding new amounts won't do anything for you. The only thing they seem to want is a 2009 tax return or a statement saying why she didn't file. If you already sent an employer letter showing enough income, then leave it alone. Only send what they asked for and don't muddy the waters with extras.

Save the new letter and paystubs to show at your interview if they happen to discuss income. If they didn't think what you sent already proved enough income, they would have asked for that too. It seems all they need from you is a reason why no tax return. Nothing more.

Copy the RFE notice (for you records) and mail the original notice back with your response.

A VJ tip from the guides: Mark both the envelope and the cover letter as to the nature of the submission. Example: RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION

Excellent response Sir....Appreciate you fast & accurate response...

Income was the worried part for me because i have no co sponsor and we just started working but i feel better after you said that uscis should be fine with the income thats why they dint ask for anything else besides 2009 return.

The only thing which was pain to me was 'may be they are asking for the return to see if the same income was made during the year 2009.'

I had sent the following originaly to USCIS related to sponsor and my income.

• Copy of Pay stub(s) showing income for the month of January.

• IRS Tax returns are not attached because sponsor (Petitioner) was going to school and was dependent on her parent’s Tax return.

Also, in addtion to her income i included my income as well my emp letter.

Now, I will send the Following documents in the package.

- Cover sheet indicating the content of the package.

- Copy of Original Form i864

- IRS Transcript for non-filing of 2009 return.

- Letter signed & stating that " I earned $0 in the year 2009 and thus was not required to file a tax return"

If makes sense i can also attach --Filing requirement sheet from form 1040 instructions where it indicates the criteria when to file a tax return.

Please sign off the above documents and i will be sending these by today.

[greatk 3]

Ok guys i just recieved update from USCIS.

They receieved my response to the RFE on 04/06/2011 and today 04/07/2011 unfortunately they have issued another RFE.

I had sent USCIS the following documents in the last RFE

- Cover letter

- Original RFE letter

- Copy of the original I-864.

- Non filing receipt of the tax transcript from IRS.

- No filing statement signed by the peitioner/spponsor.

I will be waiting now on what is been asked by USCIS now in the new RFE i hope they are not asking for a co-sponsor now.