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sarahnaphtali

I-864 Checklist for items already sent, please help!

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Hi Everyone,

I'm hoping that someone can help me to determine whether or not I've received a false RFE (or if this is even an RFE) and how best to proceed. I sent the I-864 to the NVC for my husband and received back a checklist for financial items missing/not submitted. According to the checklist, I need to provide:

[x] A written statement/explanation is required if you are/have been unemployed, retired or dependent

as to why tax returns were not filed.

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete

(if you have lost any of the requested tax information, contact your local IRS office to obtain a copy)

(Only Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto

Rico.)

• Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are

missing/incomplete for the year(s): [x] 2010 [ ] 2009 [ ] 2008 [ ] 2007.

[x] You have not enclosed an explanation of why you were not required to file income taxes under

Federal tax laws for any/all of the 3 most recent tax years. (Residence outside of the U.S. or retirement

does not exempt a U.S. Citizen or LPR from filing a Federal tax return. Individuals who were required to

file Federal returns but failed to do so are advised to file late returns.)

My problem here is that not only did I provide this information, I attached a cover sheet clearly listing all documents I included and in what order (A written statement explaining that I was not required to file taxes for 2010 due to low income, a letter from my employer with my salary and a copy of the IRS 501 Publication for 2010 evidencing that my income was too low to be taxable. I also included the 501 Publication for 2009 and 2008 demonstrating that my income is too low to be taxable, as I'm a full-time student).

My dad (who is our co-sponsor) also received a checklist, asking him to provide:

[x] A written statement/explanation is required if you are/have been unemployed, retired or dependent

as to why tax returns were not filed.

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete

(if you have lost any of the requested tax information, contact your local IRS office to obtain a copy)

(Only Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto

Rico.)

• Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are

missing/incomplete for the year(s): [x] 2010 [ ] 2009 [ ] 2008 [ ] 2007.

[x] You have not enclosed an explanation of why you were not required to file income taxes under

Federal tax laws for any/all of the 3 most recent tax years. (Residence outside of the U.S. or retirement

does not exempt a U.S. Citizen or LPR from filing a Federal tax return. Individuals who were required to

file Federal returns but failed to do so are advised to file late returns.)

My Dad included his 2010 tax returns. I'm really not sure what else they expect us to submit. I have no idea whether I should call them (although I have not had much luck with the no-help line in the past) or send an email saying that the information they say is missing is located on pages 9-20 of the I-864 packet (as evidenced by my cover page) so please check again. Or, should I just mail everything to them again?

Thanks in advance for reading!

Sarah

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

It is not a false checklist.

You need to send them what they are asking for with the bar coded cover sheet. Did you send the ENTIRE tax return 1040, W2s, 1099s and all the schedules you and your dad might have?

You may have sent them before, but NVC has lost them and you'll need send them again. It may help calling NVC and talking to someone and telling them the situation. In the mean time, just send it all again.


USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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Filed: Lift. Cond. (apr) Country: China
Timeline

Give them what they want no matter what you already did. Make sure taxes are complete.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Thanks very much to Sheeshkabelle and Bigdog for the replies. For my 2010 tax returns I submitted a statement that I wasn't required to file, a copy of the IRS 501 Publication for that year showing the income threshold for non-filing, a letter from my employer showing my salary, and a pay slip showing cumulative wages for 2010. I will submit it all again but have I left anything out? Not sure what else I could send them to demonstrate that my income was too low to be taxed. I'll double check with my Dad that he included the entire 2010 tax return. Also, I'm a bit unclear as to whether or not we need to re-send the entire I-864 packet or only the financial documents with the barcoded cover letter from NVC. Thanks again for the advice!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thanks very much to Sheeshkabelle and Bigdog for the replies. For my 2010 tax returns I submitted a statement that I wasn't required to file, a copy of the IRS 501 Publication for that year showing the income threshold for non-filing, a letter from my employer showing my salary, and a pay slip showing cumulative wages for 2010. I will submit it all again but have I left anything out? Not sure what else I could send them to demonstrate that my income was too low to be taxed. I'll double check with my Dad that he included the entire 2010 tax return. Also, I'm a bit unclear as to whether or not we need to re-send the entire I-864 packet or only the financial documents with the barcoded cover letter from NVC. Thanks again for the advice!

Just the financial documents with the sheet. Be sure to write your case number on the top right hand corner of every page. In case it's lost again maybe they can put it with the right file.

That is all you need to send. If you were below the threshold you were below the threshold.


USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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Thanks very much to Sheeshkabelle and Bigdog for the replies. For my 2010 tax returns I submitted a statement that I wasn't required to file, a copy of the IRS 501 Publication for that year showing the income threshold for non-filing, a letter from my employer showing my salary, and a pay slip showing cumulative wages for 2010. I will submit it all again but have I left anything out? Not sure what else I could send them to demonstrate that my income was too low to be taxed. I'll double check with my Dad that he included the entire 2010 tax return. Also, I'm a bit unclear as to whether or not we need to re-send the entire I-864 packet or only the financial documents with the barcoded cover letter from NVC. Thanks again for the advice!

Did your statement as to why you didn't file taxes include some thing like "In 2010, I earned $1,234 which is below the threshhold of $9350 for a taxpayer filing single. I have included blah blah blah from my employer to show my 2010 earnings."

Sometimes you can't expect them to connect the dots, so state your exact 2010 earnings and don't expect them to get it from your employer letter. Just saying in your statement "my income was too low" is vague.

Also get a tax transcript for your dad. That way he doesn't have to know what forms, schedules, W2s, 1099s to include. They come quickly.

Edited by Nich-Nick

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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Did your statement as to why you didn't file taxes include some thing like "In 2010, I earned $1,234 which is below the threshhold of $9350 for a taxpayer filing single. I have included blah blah blah from my employer to show my 2010 earnings."

Sometimes you can't expect them to connect the dots, so state your exact 2010 earnings and don't expect them to get it from your employer letter. Just saying in your statement "my income was too low" is vague.

Also get a tax transcript for your dad. That way he doesn't have to know what forms, schedules, W2s, 1099s to include. They come quickly.

Thanks for that. I actually did include specific amounts, stating that my part-time income of $2500 for the 2010 fiscal year did not meet the taxable income threshold of $3650 for my filing status of married, filing separately for 2010 as evidenced by the IRS 501 Publication. And I included a copy of said publication. I'll just send it all again and hope that they actually read it this time. I'll definitely get a tax transcript for my Dad, just in case he left something out.

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