RFE - I 485

[WishCommitHope 0]

Hi everyone,

I am on F1 status and my wife recently got naturalized citizen. I filled I 130 (approved) on my own when wiffy was LPR but we decided not take any chances and file rest of things through lawyer. Our lawyer filled I 485 and I 765, we've received NOAs and I have a biometric appointment on 13th April. But today my lawyer received RFE for I485 asking for latest tax returns. I don't work officially and my wife is student and she does part time job which is not sufficient, hence my uncle did the joint sponsor. My wife had submitted every tax returns including 2011 but my uncle's tax returns were of 2009 and 2010.

The RFE also asks for medical examinations which our idiot lawyer had not informed us at all. He is saying that my uncle (joint sponsor) needs to give his latest tax returns i.e. of 2011 and my wife needs to give her W2 form of 2011. I understand about my uncle's latest tax returns but I don't get it about my wife's W2 form since she has already submitted tax returns of every years she worked.

My question

- Is our lawyer asking for right documents or is he still missing something?

- Would this create longer wait time to get Green Card?(because I am praying to get it before start of my fall semester in August)

- My credit report states that I am employed by XYZ organization which was done in order to get auto loan. Did USCIS pulled up that information and asking for MY latest tax returns? (which I don't have at all)

I really appreciate you guys reading this and being helpful. I have read my posts and this place is extremely helpful, I am seriously regretting our decision to go though lawyer.

Thanks a lot.......

[GnBnL 50]

You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.

[newlyweds2010 208]

You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.

I agree with you statement to some degree, but I don't think we can just say that someone is better off without a lawyer, for various reasons: some people are lost in the arsenal of forms which the USCIS uses for every specific step, some have not enough time to deal with this stuff, some have an unusually complicated case, some simply want to have that peace of mind to continue doing what they do without worrying about immigration. Lawyers are expensive? Yes they are, but the first thing I learned upon moving here is that nothing is free in this country. But so long as you get a good service, you know that you're paying for what you get.

[Mike X Man 37]

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

Edited April 10, 2012 by MikeX

[Nina~ 431]

You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.

That is not entirely true. F1 students are authorized to work part-time on campus during semester, and full time during summer & winter breaks.

OP,your lawyer seems to be incompetent. You will need to get your medical done asap, and also ask your uncle for his latest tax transcript. It doesn't hurt to include your wife's W2's with it.

Also, what do you mean by "I don't work officially"? Do you mean to say that you are working under the table?

[Tygrys 143]

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

The last REQUIRED tax year is 2010 at this time.

Deadline for filing 2011 US tax return is 4/16/2012 and there is no obligation to file the return before that date.

[Mike X Man 37]

The last REQUIRED tax year is 2010 at this time.

Deadline for filing 2011 US tax return is 4/16/2012 and there is no obligation to file the return before that date.

It's close to 4/16. Absolutely no need to risk not including 2011 stuff. If it was 2-3 months away, then maybe.

[jdh 103]

I don't think it matters if it's "close"...

If you file before the date there should be no reason to include them...

[ChrisPG 30]

It's close to 4/16. Absolutely no need to risk not including 2011 stuff. If it was 2-3 months away, then maybe.

I don't think it matters if it's "close"...If you file before the date there should be no reason to include them...

FWIW, I recently got a tax-related RFE and it specifically asked for my joint sponsor's 2010 tax information.

Just read the RFE carefully and supply the information requested, if you do not have it for a legal reason then write this in a supplementary letter stating the reason why.

[ceadsearc 515]

I don't think it matters if it's "close"...

If you file before the date there should be no reason to include them...

True, but they're unlikely to get their RFE received before the deadline.

[Mike X Man 37]

True, but they're unlikely to get their RFE received before the deadline.

Precisely.

[jdh 103]

I would think that what matters is not the rfe, but rather the application date. If they applied before the due date than the application only requires the most recent tax year...which was 2010.

That is seen in the rfe's people are currently receiving which request 2010 tax papers, not 2011.

If anyone has some kind of actual evidence that would say something contrary I am certainly open to it..

[WishCommitHope 0]

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

My wife had submitted tax returns of 2008,2009, and 2011. She did not work in 2010 so had not filled tax for that year. And about my uncle's latest tax returns i.e. 2011 we were assuming that since the deadline is 16th April it will not be required.

[jdh 103]

My wife had submitted tax returns of 2008,2009, and 2011. She did not work in 2010 so had not filled tax for that year. And about my uncle's latest tax returns i.e. 2011 we were assuming that since the deadline is 16th April it will not be required.

Why didn't you include her uncles 2010 tax return? You sent nothing for him?

[ceadsearc 515]

If an interview occurs after the tax filing deadline USCIS can ask for the most recent returns, so I would assume they could expect them with an RFE answered at that point as well. I suppose it depends on how it is worded - some RFEs may ask for 2010 taxes if that is specifically what they want. I've seen others that just say "most recent year" which will soon be 2011.