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ChrisPG

Self Employed: Tax Information

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In March I received an RFE regarding my Father-In-Law laws tax information. The letter asks for the following:

1) (typed) "The joint sponsor on Form I-864, Affidavit of Support, must submit a complete Federal Income Tax Return submitted to the IRS for the most recent tax year" and then in pencil it has written: "2010 Federal Returns for [Father-in-laws name].

-We have the full 2010 1040.

2) "The joint sponsor on Form I-864, Affidavit of Support, must submit all tax documentation (W-2, 1099s and all tax schedules)" and again in pencil it is written "2010 W-2's for [father in laws name].

This sounds like they are asking specifically for his W-2s since they went to the effort of physically hand-writing the W-2 part. However he is self employed and stated so on his I-864. So we have included the following:

-A letter stating that he has no W-2 and that he is self employed.

-His Schedule A, B, D & E for 2010.

So in response to the RFE, we will include:

1) Complete 1040

2) Schedule A, B, D & E

3) Letter stating the reason why there are no W2s

Is there anything that is missing from the above to prove the income requirements for a self-employed joint sponsor? He has no 1099s, should we include another letter?

Of course in hindsight we should have just ordered transcripts, but a little late now.

Edited by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: Country: Poland
Timeline

In March I received an RFE regarding my Father-In-Law laws tax information. The letter asks for the following:

1) (typed) "The joint sponsor on Form I-864, Affidavit of Support, must submit a complete Federal Income Tax Return submitted to the IRS for the most recent tax year" and then in pencil it has written: "2010 Federal Returns for [Father-in-laws name].

-We have the full 2010 1040.

2) "The joint sponsor on Form I-864, Affidavit of Support, must submit all tax documentation (W-2, 1099s and all tax schedules)" and again in pencil it is written "2010 W-2's for [father in laws name].

This sounds like they are asking specifically for his W-2s since they went to the effort of physically hand-writing the W-2 part. However he is self employed and stated so on his I-864. So we have included the following:

-A letter stating that he has no W-2 and that he is self employed.

-His Schedule A, B, D & E for 2010.

So in response to the RFE, we will include:

1) Complete 1040

2) Schedule A, B, D & E

3) Letter stating the reason why there are no W2s

Is there anything that is missing from the above to prove the income requirements for a self-employed joint sponsor? He has no 1099s, should we include another letter?

Of course in hindsight we should have just ordered transcripts, but a little late now.

Seems sufficient to me, but why don't you request the transcripts and attach them as well?

It only takes a week or so to get the transcripts in the mail, or if you have access to fax IRS will fax them to you almost immediately.

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Filed: Timeline
So in response to the RFE, we will include:

1) Complete 1040

2) Schedule A, B, D & E

3) Letter stating the reason why there are no W2s

If he is self-employed, he should have a Schedule C and a Schedule SE in there somewhere. If you send a complete IRS transcript for 2010, that should have all the information they are looking for.

Edited by ☼

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If he is self-employed, he should have a Schedule C and a Schedule SE in there somewhere. If you send a complete IRS transcript for 2010, that should have all the information they are looking for.

Just looking through his tax return, on line 12 (income or loss) there is no figure entered entered so I assume he didnt need to file a schedule C?

The same also applies for Schedule SE.


Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: Timeline

Just looking through his tax return, on line 12 (income or loss) there is no figure entered entered so I assume he didnt need to file a schedule C?

The same also applies for Schedule SE.

Where does he report his self-employment income? Perhaps he is either not self-employed, or not reporting his income.

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