RFE regarding I-864

[ktb 15]

Hello Vjers!

ok, a little background information.. I am the USC living with my English husband in Cyprus. He is working here and supporting us but I am unemployed and have been for a few years. When I sent in the I-864 I didn't include tax returns because I haven't filed because I haven't had any income. I wrote on the I-864 form that I was unemployed and that was why I didn't include my tax returns. We have a joint sponsor who meets the requirements and sent all the required documentation with the AOS packet. They now have come back to me with this response:

Supporting Documents Missing or Incomplete

[x] A written statement/explanation as to why tax returns were not filed is required if you are/have been

unemployed, retired or dependent.

[x] The submitted 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.)

• Schedules are missing for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008.

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

are missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008.

• W-2 forms are missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008.

[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 a Federal tax return but

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

I am a little nervous about how to respond because if they still aren't happy I don't think we get another chance! Do you think a letter explaining that I have been unemployed is good enough or are they looking for some sort of proof? I'm not sure how I would prove that except for maybe including an affidavit from a friend saying I'm not working? Thanks for any advice!!!

[KayDeeCee 4,902]

If you were not legally required to file for any/all of the past 3 years because your income was too low or zero, you must include a statement attesting to that. It states this in the I-864 instructions. Did your joint sponsor include a complete copy of their 2011 tax return or a free tax return transcript from the IRS? This is also a requirement. To make sure you respond to the RFE correctly, I suggest you go over what each of you sent in with your I-864 forms and read through the I-864 instructions to make sure you include everything they are saying you are missing.

[NikLR 13,234]

Also I was looking for you and you received any unemployment benefits, you still have to file taxes http://www.priortax.com/filing-late-taxes/do-you-have-to-pay-taxes-if-you-are-unemployed/