Question on RFE - Joint finances for evidence of good faith marriage

[kj007 1]

All - haven't been on the site for some time, but I've received an RFE I-797E in the Adjustment of Status process (Petition to remove conditions on residence - I751) that I hope you guys can help with (apologies if i'm posting in the wrong forum).

The RFE is asking for additional evidence of a good faith marriage. I think I've gathered most of the things I can from browsing other topics on this - but a question I have is on the tax returns/transcripts I submitted. The RFE says:

"The joint tax filings cannot be considered as evidence at this time because not all required documents to show joint filings were submitted. When using joint tax returns as evidence to establish joint finances, the USCIS requests all filings from the time of adjustment be submitted. Please send the missing years statements."

My wife and I were married in Dec 2009, and she received her conditional greencard in July 2010. She moved to the US in Jan 2011. I submitted tax transcripts for our 2011 tax returns which we filed together, but not for 2010 because I didn't file her taxes that year as she did not live here. Does anybody have any idea of what "time of adjustment" means so that I can resubmit the tax documentation properly?

Thanks!

[Saylin 1,605]

Moved from IR-1 forum to ROC forum as OP is going through the ROC process.

All - haven't been on the site for some time, but I've received an RFE I-797E in the Adjustment of Status process (Petition to remove conditions on residence - I751) that I hope you guys can help with (apologies if i'm posting in the wrong forum).

The RFE is asking for additional evidence of a good faith marriage. I think I've gathered most of the things I can from browsing other topics on this - but a question I have is on the tax returns/transcripts I submitted. The RFE says:

"The joint tax filings cannot be considered as evidence at this time because not all required documents to show joint filings were submitted. When using joint tax returns as evidence to establish joint finances, the USCIS requests all filings from the time of adjustment be submitted. Please send the missing years statements."

My wife and I were married in Dec 2009, and she received her conditional greencard in July 2010. She moved to the US in Jan 2011. I submitted tax transcripts for our 2011 tax returns which we filed together, but not for 2010 because I didn't file her taxes that year as she did not live here. Does anybody have any idea of what "time of adjustment" means so that I can resubmit the tax documentation properly?

Thanks!

First off, you're filing for ROC (Removal of Conditions), not Adjustment of Status.

To answer your question, you should have filed as married (either separately or jointly) in both 2009 and 2010 as you were legally married. Doesn't matter if you wife was living in the US or not. You're going to need to amend your tax returns for those two years and then once the IRS processes it, request for those years' transcripts. You can then submit that for the RFE.

Edited March 19, 2013 by Saylin

[kj007 1]

thanks so much for the reply Saylin. That makes sense. Would you happen to know the quickest way to amend those returns? Should I contact an accountant or go to the IRS directly?

[Darnell 8,478]

quickest way? walk them into an IRS office (4 copies each), and get the clerk to put the official IRS stamp on 3 of the copies, giving the 4th to the human.

Then take one of the stamped copies that you have, send off to the RFE response address.

[Saylin 1,605]

thanks so much for the reply Saylin. That makes sense. Would you happen to know the quickest way to amend those returns? Should I contact an accountant or go to the IRS directly?

Look on the IRS site, I'm sure there's info there. I've never amended taxes, so

[kj007 1]

actually one more question - she didn't receive a Social Security # until she moved here in early 2011...come to think of it, this is actually why I didn't file jointly in the first place (I couldn't). Do I still amend, regardless of the fact that she didn't even have a SSN # until 2011? I've found the forms in TurboTax and it seems fairly straight forward. I don't have a ton of time before the RFE evidence is due back though (April 5th, 2013). Is there any way to request USCIS for an extension or is this a big no-no?

@Darnell & Saylin...thanks a lot guys, missed your replies before posting! Darnell - I'll try that...

[Saylin 1,605]

actually one more question - she didn't receive a Social Security # until she moved here in early 2011...come to think of it, this is actually why I didn't file jointly in the first place (I couldn't). Do I still amend, regardless of the fact that she didn't even have a SSN # until 2011? I've found the forms in TurboTax and it seems fairly straight forward. I don't have a ton of time before the RFE evidence is due back though (April 5th, 2013). Is there any way to request USCIS for an extension or is this a big no-no?

@Darnell & Saylin...thanks a lot guys, missed your replies before posting! Darnell - I'll try that...

You could have still filed jointly, without a SSN. There's the W7 form to get an ITIN. Now that she has a SSN though, use that on the amended forms.

[Darnell 8,478]

re: prior years without a SSN - Won't matter, when sending out the amended returns.

Might want to prep a letter for the IRS as well, stating that the two of you elect for her to be treated as a resident alien for tax purposes for those filing years, and study the F2555 form and it's instructions - see if it will apply to her (or not) .

Good Luck !

Edited March 19, 2013 by Darnell