RFE Madness...........................

[2011Visa 0]

Hi all,

My wife filed for AOS and we have received 2 RFE's. The first was that I sponsored my wife and my sister was the joint sponsor originally. The RFE was for me to fill out an I864(I have no tax returns for the last 4 years), then my sister's W2 for the most recent tax year along with a birth certificate. Unfortunately, things with my sister did not work out personally so I had to find a new joint sponsor.

This time I submitted my I864, birth certificate and an explanation letter of switching joint sponsors and me not having a recent tax return.

I then submitted my joint sponsors tax return from 2010, he has filed an extension due to his business for 2011, and it will be filed in September.

My joint sponsor makes over $100k per year and we are wondering if we received the RFE because the W2 and tax return wasnt for 2011 but for 2010, and that is why we have to submit again. However, now would an extension, and letter of his employment, along with another letter of me not having a recent tax return be sufficient?

This process if very difficult because we can not call the people who handle the paperwork specifically, and the customer service just inputs information into the computer and that is the extent of their service. Would you recommend sending a letter to USCIS, asking them specifically about my joint sponsors paperwork along with anything that I need to submit on behalf of my wife?

Thanks, Robert

[Anh map 2,098]

This is a bit confusing. Did you receive another RFE, this time for sponsor #2's 2011 tax return?

Is joint sponsor #2 self employed or a wage/salary earner?

Edit: Filing for an extension with the IRS doesn't change what USCIS needs. If the joint sponsor can't produce it, you'll need someone who can.

Edited June 15, 2012 by Anh map

[2011Visa 0]

Yes, received RFE #2, because we used his tax returns from 2010, and he has filed an extension for 2011. He has his own business, and gets payed as an employee from his business. His accountant files a huge tax return for him every year.

[LIFE'SJOURNEY 970]

Yes, you will have to submit the 2011 tax transcripts for the co-sponsor. There are no exceptions, co-sponsor needs to file their taxes now, or you will need to find another.

[Anh map 2,098]

Yes, received RFE #2, because we used his tax returns from 2010, and he has filed an extension for 2011. He has his own business, and gets payed as an employee from his business. His accountant files a huge tax return for him every year.

If he owns his own business his income is line 22 of the 2011 tax return. No way around it. 2010 won't do.

( I understand about being on payroll, etc. Same for me in years past. )