We received an RFE, just a few questions...

[ClydesdaleCouple 75]

The process is going great so far, but we received a RFE today (request for evidence). They want a copy of my father's (the co-sponsor) birth certificate, a copy of my 2012 taxes, and documentation that my husband legally entered the USA. He came in on the Visa Waiver and did NOT receive an I-94. What is it that we can give them to prove he entered legally?? We gave them the page stamped with his entry stamp, should we give them another copy?? Also I filed my 2012 taxes as single, even though I was married half the year BECAUSE I filed online and they told me I HAD to give my husbands SSN, (which obviously he doesnt have one). This shouldnt hurt our case right?? Maybe get me in trouble (I HOPE NOT).

Anyone got any answers???

[Hypnos 6,576]

You can print out a copy of his ESTA approval, together with another copy of his passport entry stamps, and hopefully that would satisfy them as proof of legal entry.

Did you file taxes as "married filing separately"? Since you were married in 2012 then on your taxes you are required to file as either "married filing jointly" (for which your husband would need a social security number or an ITIN) or "married filing separately", which often has a higher tax burden but would not require him to have a social or ITIN.

If you did not file in either of the two "married" categories than I think it's time to consult a lawyer - you may need to investigate filing an amended return since you misrepresented your marital status on your tax return, which may well affect your husband's AoS.

Edited April 13, 2013 by Hypnos

[Nich-Nick 3,353]

The process is going great so far, but we received a RFE today (request for evidence). They want a copy of my father's (the co-sponsor) birth certificate, a copy of my 2012 taxes, and documentation that my husband legally entered the USA. He came in on the Visa Waiver and did NOT receive an I-94. What is it that we can give them to prove he entered legally?? We gave them the page stamped with his entry stamp, should we give them another copy?? Also I filed my 2012 taxes as single, even though I was married half the year BECAUSE I filed online and they told me I HAD to give my husbands SSN, (which obviously he doesnt have one). This shouldnt hurt our case right?? Maybe get me in trouble (I HOPE NOT).

Anyone got any answers???

Did you already send your 2011 tax return?

Edited April 14, 2013 by Nich-Nick

[Myopia 93]

The process is going great so far, but we received a RFE today (request for evidence). They want a copy of my father's (the co-sponsor) birth certificate, a copy of my 2012 taxes, and documentation that my husband legally entered the USA. He came in on the Visa Waiver and did NOT receive an I-94. What is it that we can give them to prove he entered legally?? We gave them the page stamped with his entry stamp, should we give them another copy?? Also I filed my 2012 taxes as single, even though I was married half the year BECAUSE I filed online and they told me I HAD to give my husbands SSN, (which obviously he doesnt have one). This shouldnt hurt our case right?? Maybe get me in trouble (I HOPE NOT).

Anyone got any answers???

You can file an amended tax return before tomorrow and then send that along with the original return to the USCIS.

[ClydesdaleCouple 75]

Well I cant afford a lawyer, so that's not helpful. I'm not sure what to do I e-filed so how the heck do I change it? This is the first year I've claimed myself so I honestly had no idea what to do.

[Nich-Nick 3,353]

Well I cant afford a lawyer, so that's not helpful. I'm not sure what to do I e-filed so how the heck do I change it? This is the first year I've claimed myself so I honestly had no idea what to do.

Asking again. Did you send 2011 full return with the application and they came back asking specifically for year 2012 also?

Or did it say "most recent tax return"?

What evidence did you send in the beginning with the I-864?

[ClydesdaleCouple 75]

It said "most recent tax return". But I didnt file in 2011. Or any year till now to be honest because my dad has always claimed me. so.....

[Harpa Timsah 13,258]

It said "most recent tax return". But I didnt file in 2011. Or any year till now to be honest because my dad has always claimed me. so.....

Your dad claiming you does not absolve you of needing to file tax returns.

If you worked, then you needed to file. If not, then you didn't. There is a minimum threshold; if you worked but made under it you didn't need to file, but if you did you would most likely get money back. Your dad has nothing to do with it. On the tax form there is a box that says "someone else can claim me as a dependent." If your dad was claiming you, then you tick that box.

So you only have 2012 tax returns, filed recently? "Filing in 2011" is confusing, do you mean the tax year or the tax filing time?

[Fight for Love 98]

i think u could still amend your tax. just go to a nearest tax preparer ask them if you could able to do so. i think u could. if i remember it correctly you still have until oct to amend a tax return.

also, my sister NEVER file "married filing joint" even she petition her husband. but she never get question with it. but maybe because he join the US navy and they don't stay in a same house or something...not sure why? lol

goodluck!!!

http://www.irs.gov/taxtopics/tc308.html

Edited April 15, 2013 by Fight for Love

[Nich-Nick 3,353]

It said "most recent tax return". But I didnt file in 2011. Or any year till now to be honest because my dad has always claimed me. so.....

Ok, the reason I asked that question...in March when you filed your "most recent tax return " was 2011 because 2012 was not due yet. If you didn't file a tax return and had a valid reason (didn't earn enough to file) you should have written a statement telling your exact income and that it was below the level that the IRS has set for filing. As the sponsor, you have to send either:

1. A tax return, OR
   
2. A statement why the IRS did not require you to file.
   

It seems like you sent neither so, that's one RFE.

You have a joint sponsor. If you read the instructions carefully, the sponsor must be a US citizen or permanent resident. Your Dad's birth certificate will show he was born in the US and thus a citizen. Another RFE fixed.

Today is the filing deadline for 2012 taxes. You can't fix the RFE with what was valid when you originally signed and submitted the I-864. Too late to get by on 2011 and a statement of not filing since we have reached April 15--Tax Day. So you have a 2012 return but you don't understand taxes very well and filed as single. The USCIS isn't so bothered with if you filed correctly or not and aren't in the business of reporting to the IRS they think you made a mistake. They may glance at your income and move on to your joint sponsor as long as they have a tax return from you. Or they may look at it and wonder why you filed single when you are a married woman trying to prove a valid marriage. I lean toward them not noticing how you filed, but they got a tax return from you. BUT---you have the added problem of filing from visa waiver.

If you don't get this RFE correct, they will not be able to approve, so their only choice is denial. There is NO APPEAL when you are on visa waiver. He has over-stayed more than a year. He goes home. He may have a 10 year ban. I'm not actually aware of how that works. AOS from visa waiver sounds pretty cool, but when it goes bad, it go very bad.

So your taxes. You could have filed Married Filing Jointly but he would need an ITIN number or a SSN. ITIN takes a while to receive and requires mailing off his passport as proof of identity. At this point, if you want to correct your return and get out of your mess, I would file Married Filing Separately. you might can pull this off yourself. I hope you have a printout of your current filing. Go back online and change your return to get new calculations. Sign up under a different name if you want to retain both versions. Do your taxes the same but with Married Filing Separately. All the calculations will be different. You don't actually file that new one but you need the calculation from it.

What you file is Form 1040X. There are INSTRUCTIONS for it.

Fill in name, address at the top and notice the filing status line below that. Married Filing Separately. If you look at the form, there are columns that are basically showing old filing / corrected filing and the difference. You use your old and that new version you did to complete the colums The only line that will change for you is Line 6 tax and then either the refund line or what you owe line. I actually dont think even that will change. You can print the form out and work on it in pencil. Read the instructions. If it say subtract line a from line b, then use your calculator and do the math. When you have it right. Use the online PDF and fill out on your computer and print some copies. Sign one and mail it the old fashion way to the IRS. The address for amended returns will be in the instructions.

Sign another and use it as part of your RFE response. If you can't pull it off by yourself, then go pay H&R Block to do it for you. The change you are making is very small and you probably don't need an extension. If you don't owe money they aren't so bother if it's not postmarked by midnight.

Edit to add: don't forget part 3 where you explain why the amended return. Explain you were married in 2012 and filed single in error.

Edited April 15, 2013 by Nich-Nick