I-864 "missing or incomplete information" - questions?

[SW1 0]

Hello,

Having finally got our forms (IV, AoS plus joint-sponsor’s AoS) sent off, hoping that everything was taken care of, we have received two emails from NVC with PDF letters attached (one addressed to me, and one to my wife). Please can anyone advise me further with this matter? I have a few questions numbered below.

The NVC wants clarification or additional paperwork as follows:

From the joint sponsor: There was a query about total gross income matching the recent Federal income tax return. I think this can be clarified easily.

Petitioner (my wife): The letter states:

Supporting Documents Missing or Incomplete:

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete. (Only Federal returns (not state or local) are acceptable…) 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] 2012 [ ] 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.

My questions about this are as follows:

1. An “x” was only marked for 2012. So do they only want this information for 2012? Actually, we had photocopied and sent my wife’s entire 2012 tax return papers, as provided by an accountant in spring of this year. So I don’t understand was is missing or incomplete. We did not send the two previous years because I read on this visa forum that it’s not absolutely necessary.

2. Why does the list of years in the letter (see above) miss out 2011?

3. My wife DID file income taxes for all of the past three years. My wife’s I-864 AoS form DID state her income for 2010, 2011 and 2012 “as reported on [her] Federal Tax Returns for the most recent three years”. So I do not understand why they have questioned this?

They want us to do the following:

Joint sponsor: "Please review the additional instructions below then complete and submit a new Affidavit of Support."

Sponsor (my wife): They want the “Supporting Documents Missing or Incomplete”. My wife needs to complete and submit a new AoS I-864 form. She has to fill out the form online, then print it and mail it.

Immigrant (me): The letter states: “All traveling immigrant visa applicants on your case are required to complete and submit the DS-260 Online Immigrant Visa Application. The DS-260 Online Immigrant Visa Application replaces the paper-based DS-230 Immigrant Visa Application. The DS-260 must be completed when NVC is still missing documents or information to complete your case.”

My questions are:

4. Does this mean that the joint sponsor has to provide all the paperwork again, or “only” another AoS form with gross income clarified?

5. Whereas my wife has to fill out the AoS form online, then print it and mail it, it doesn’t say anything about the joint sponsor doing the same – so I presume he “only” needs to send another paper version, and not do anything online?

6. Originally, both the I-864 forms were sent together – can the two “new” forms be sent together?

7. Before, I was not eligible to use the online form (DS-260) – but now apparently I have to do this because some things were incomplete / missing with regards to the AoS forms. Do I also have to print the form and send it? (It doesn’t say either way)

8. The letter addressed to me states that I need to “include a copy of this letter with your correspondence and write your case number clearly (exactly as it appears below) on the upper right-hand corner of all documents.” Does this mean I have to send a copy of the letter with a print-out of my new form? Do I have to re-submit any documents? (They already have originals of birth certificate, marriage certificate, police certificate – the only things I can send again are the passport photos and a photocopy of my passport).

Please can anyone help clarify things by answering my questions above?

Thank you very much.

[stevie b 141]

My questions are:

4. Does this mean that the joint sponsor has to provide all the paperwork again, or “only” another AoS form with gross income clarified? Only a new AOS form

5. Whereas my wife has to fill out the AoS form online, then print it and mail it, it doesn’t say anything about the joint sponsor doing the same – so I presume he “only” needs to send another paper version, and not do anything online? If there is a request for a new document, you must use the most updated process

6. Originally, both the I-864 forms were sent together – can the two “new” forms be sent together? yes and make sure to use the barcoded sheet for DR

7. Before, I was not eligible to use the online form (DS-260) – but now apparently I have to do this because some things were incomplete / missing with regards to the AoS forms. Do I also have to print the form and send it? (It doesn’t say either way) no just print and keep a copy for yourself

8. The letter addressed to me states that I need to “include a copy of this letter with your correspondence and write your case number clearly (exactly as it appears below) on the upper right-hand corner of all documents.” Does this mean I have to send a copy of the letter with a print-out of my new form? Do I have to re-submit any documents? (They already have originals of birth certificate, marriage certificate, police certificate – the only things I can send again are the passport photos and a photocopy of my passport). the have all the other #######.. you will send all pages from nvc that were emailed to you plus all requested documents with their changes.. anything else supporting your filings, that you have sent already is not necessary

Please can anyone help clarify things by answering my questions above?

Thank you very much.

[Nich-Nick 3,354]

Lots of questions you asked, but first clarify this--

You wife sent a printout of her entire 2012 tax return. But did she also include a copy of her W2 (or maybe 1099 if her income was reported on that one)?

An acceptable "complete tax return" is all the forms and schedules PLUS a W2 or 1099.

Or a tax transcript from the IRS which stands alone without W2s.

Edited September 14, 2013 by Nich-Nick

[NikLR 13,232]

Hello,

Having finally got our forms (IV, AoS plus joint-sponsor’s AoS) sent off, hoping that everything was taken care of, we have received two emails from NVC with PDF letters attached (one addressed to me, and one to my wife). Please can anyone advise me further with this matter? I have a few questions numbered below.

The NVC wants clarification or additional paperwork as follows:

From the joint sponsor: There was a query about total gross income matching the recent Federal income tax return. I think this can be clarified easily.

Petitioner (my wife): The letter states:

Supporting Documents Missing or Incomplete:

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete. (Only Federal returns (not state or local) are acceptable…) 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] 2012 [ ] 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.

My questions about this are as follows:

1. An “x” was only marked for 2012. So do they only want this information for 2012? Actually, we had photocopied and sent my wife’s entire 2012 tax return papers, as provided by an accountant in spring of this year. So I don’t understand was is missing or incomplete. We did not send the two previous years because I read on this visa forum that it’s not absolutely necessary.

2. Why does the list of years in the letter (see above) miss out 2011?

3. My wife DID file income taxes for all of the past three years. My wife’s I-864 AoS form DID state her income for 2010, 2011 and 2012 “as reported on [her] Federal Tax Returns for the most recent three years”. So I do not understand why they have questioned this?

They want us to do the following:

Joint sponsor: "Please review the additional instructions below then complete and submit a new Affidavit of Support."

Sponsor (my wife): They want the “Supporting Documents Missing or Incomplete”. My wife needs to complete and submit a new AoS I-864 form. She has to fill out the form online, then print it and mail it.

Immigrant (me): The letter states: “All traveling immigrant visa applicants on your case are required to complete and submit the DS-260 Online Immigrant Visa Application. The DS-260 Online Immigrant Visa Application replaces the paper-based DS-230 Immigrant Visa Application. The DS-260 must be completed when NVC is still missing documents or information to complete your case.”

My questions are:

4. Does this mean that the joint sponsor has to provide all the paperwork again, or “only” another AoS form with gross income clarified?

5. Whereas my wife has to fill out the AoS form online, then print it and mail it, it doesn’t say anything about the joint sponsor doing the same – so I presume he “only” needs to send another paper version, and not do anything online?

6. Originally, both the I-864 forms were sent together – can the two “new” forms be sent together?

7. Before, I was not eligible to use the online form (DS-260) – but now apparently I have to do this because some things were incomplete / missing with regards to the AoS forms. Do I also have to print the form and send it? (It doesn’t say either way)

8. The letter addressed to me states that I need to “include a copy of this letter with your correspondence and write your case number clearly (exactly as it appears below) on the upper right-hand corner of all documents.” Does this mean I have to send a copy of the letter with a print-out of my new form? Do I have to re-submit any documents? (They already have originals of birth certificate, marriage certificate, police certificate – the only things I can send again are the passport photos and a photocopy of my passport).

Please can anyone help clarify things by answering my questions above?

Thank you very much.

1) Only 2012 is being asked for because that's what they're wanting. They want the complete return. Like Nick Nich said, you need to include the entire return, schedules, workbooks, and w2s or get an IRS tax return transcript which contains all the information they need on a page.

2) doesn't matter

3) If you also want to you can include the tax returns or tax transcripts showing she did her taxes for the last three years. Double check that you completed the I-864 properly. While you only need to send the last year's tax return or transcript, you need to put down how much she made the last 3 years. As well include pay stubs and/or a letter from her employer that shows her current income.

4) were they asking anything specific from the joint sponsor? If not then don't worry about it, if yes then redo their I-864 and send it again with the case number on the top right corner.

5) says the supporting documents are missing not the I-864.

6) why do you need to send 2 new forms? They're not asking for that, they're asking for the supporting documents. Unless something was completed wrong you do not need to resubmit the I-864.

8) when you send checklists or information to the NVC you need to include the checklist letter, and for everything you must mark in the top right corner your case file number so that everything makes it to your file. They're asking you to do the DS-260 not the DS-230. If they received your DS-230 and started processing it before Sept 1 you can ask for a supervisor to review that this happened. Or you can just do the DS-260.

Did I misunderstand what they're asking from you?

[SW1 0]

Thank you very much for your helpful advice. Apologies for not acknowledging sooner, but the past two weeks have been too busy to find time to give this matter enough attention. I have now read your comments again. Most of my questions were answered and I’m much clearer on what we need to do, and I’m calling the accountant today to find out more about the tax paperwork etc.

However, regarding the joint sponsor: yes, (reply to NLR), they were asking for something specific about the joint sponsor’s income: “The income you enter must match the total (gross) income reported on your most recent Federal income tax return. If you filed Form 1040EZ, use the adjusted gross income instead”. Apparently it’s easy to clarify, no documents were missing, but, yes, the joint sponsor has to re-do the I-864. I’m wondering if he should also include a letter explaining why there appeared to be a problem?

As I mentioned, “whereas my wife has to fill out the AoS form online, then print it and mail it, it doesn’t say anything about the joint sponsor doing the same – so I presume he ‘only’ needs to send another paper version, and not do anything online?” Something I didn’t mention before: NVC stated (with regards to the joint sponsor): “Please review the additional instructions below then complete and submit a new Affidavit of Support. You can download the I-864 form and instructions at http://www.uscis.gov/i-864”. No mention is made of completing the form online. I understand (reply to stevie b) about using the most up-to-date process (online form and then print and send), but the instructions for the petitioner and for the joint sponsor with regards to re-submitting the I-864 are different. Should common sense prevail over written instructions?

One thing not clear in stevie b’s suggestions – don’t print and send the DS-260 form (just print and keep a copy for myself), and then: “They have all the other #######.. you will send all pages from nvc that were emailed to you plus all requested documents with their changes.. anything else supporting your filings, that you have sent already is not necessary”. But what good is sending copies of the letter that was emailed to me if I’m not sending anything else? They did not ask for any additional documents from me – they just told me to complete the online DS-260 because there were problems with the two AoS forms and documents. There was nothing wrong with my original DS-230. So I will go through the motions of completing the DS-260, but it will be exactly the same as my original DS-230. Nothing missing, nothing to add. And so I don't need to send back a copy of the letter they send to me, I presume.

And further advice or clarification would be much appreciated. Thanks!

[Nich-Nick 3,354]

Petitioner (my wife): The letter states:

Supporting Documents Missing or Incomplete:

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete. (Only Federal returns (not state or local) are acceptable) 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] 2012 [ ] 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.

This says they need a 2012 tax transcript for your wife. Order from the IRS.

RTFTP is Return Transcript for Taxpayer.

If you sent only printouts from the accountant and but not the W2 or 1099 with it, then it was INCOMPLETE evidence. Order a tax transcript free from IRS and it will be complete and all you need. Order here http://www.irs.gov/Individuals/Order-a-Transcript

Immigrant (me): The letter states: All traveling immigrant visa applicants on your case are required to complete and submit the DS-260 Online Immigrant Visa Application. The DS-260 Online Immigrant Visa Application replaces the paper-based DS-230 Immigrant Visa Application. The DS-260 must be completed when NVC is still missing documents or information to complete your case.

They have switched to a new form DS-260 that is submitted electronically. It replaces DS-230 that was printed and mailed. Because you didn't get the right stuff in the first time, your DS-230 doesn't count anymore. Think of it as having to get back in line again. The old line used 230. The new line requires DS-260. You got caught in the switch. Submit electronically here Department of State's website - https://ceac.state.gov/IV/Login.aspx

they were asking for something specific about the joint sponsors income: The income you enter must match the total (gross) income reported on your most recent Federal income tax return

It sounds like your person entered yearly income in Part 6 #5 that is not backed up by their tax return, precisely IRS form 1040, Line 22. For example if I put my income at $60 000 but the IRS Form 1040 Line 22 says $16,000...well are they supposed to believe me without evidence? If I got a new job since 2012 and my employer wrote a letter saying I make $60k/year and I sent some pay stubs showing $5,000 per month on them...well that would back up my claim of earning more than last year's tax return says.

-OR-

If your person is self employed without a regular paycheck, then their proof must come from IRS Form 1040,Line 22. Example owning a business---gross sales are not put on the affidavit of support because most in business take many business expense deductions. They reduce their income that way and Line 22 is what their income is. Have a look at your joint sponsors tax return and I -864 where they report their income. The problem is there. No explanation letter is require. If they do make more than the tax return says, then they need documentation,

Edited September 26, 2013 by Nich-Nick

[Fab+She 0]

Hi Make sure you go over everything again and call NVC and question them about the email they sent. They will give you the specifics on what is missing and what you need to do in order to get it correct. It happened to me where I put in the wrong info on how much I made in 2012 and I think I put .01cents difference and they said it did not match what they got, so your best bet is to call them and ask them what corrections need to be made, and just resend tax transcripts of all 3 years 2010-2012. Also check the co sponsor info as well. Good Luck.

[SW1 0]

Nich-Nick,

Thank you so much. I thought that getting the transcript was going to be a big hassle. And sending a photocopy of the transcripts is ok?

Okay, re the DS-260. Looks like I just have to submit it online, with no paperwork (although the elimination of boring paperwork does not mean the elimination of all boring work!) So, I assume that the joint sponsor should also fill out the I-864 online and then print and send (even though the instructions said just to download the form and complete it).

I’ll discuss the rest of your comments with the joint sponsor.

Fab+She,

Okay – but for some reason I thought that calling NVC was going to be one of those expensive numbers where they keep you waiting and then don’t give any additional info. Before I had to email them, and they were helpful. This time I emailed them and they didn’t answer any of my questions – they just sent the two letter PDFs again. Anyway, with the above answers, I think everything might be clear now. If not, I’ll call NVC.

Thanks!

[Nich-Nick 3,354]

Thank you so much. I thought that getting the transcript was going to be a big hassle. And sending a photocopy of the transcripts is ok?

Send the real one. Don't mess around with an RFE. They are free. Order as often as you wish if you need another. Get you joint sponsor to order one too.

So, I assume that the joint sponsor should also fill out the I-864 online and then print and send (even though the instructions said just to download the form and complete it).

You are getting into over-analyzing words. Clicking on the document link and opening the PDF is what they mean by "download" the form. "Complete" the form means type in the blanks you see on the computer. Then print. Save a copy to the home computer.

I don't understand why you (or wife) don't have a photocopy of everything you sent to NVC so you could look at it and know what is on form I-864 for income of your joint sponsor. And look at his tax return Line 22 and report back here. We are guessing what might be wrong. Look at the saved photocopy and tell us. If you don't make a photocopy of every single item you mail off, then shame on you. You got nothing to look at to see where you went wrong and understand the corrections needed.

Start over with the joint sponsor...new form, new tax transcript, and additional proof if he make more Income currently than he did in the tax year 2012. Whatever he puts on his I-864 in Part 6 #5 needs documents to prove it, not just his word.

Edited September 26, 2013 by Nich-Nick

[SW1 0]

Hi Nich-Nick,

Thanks. Okay, will send the originals. Thanks for clarifying.

I have a copy (photocopies and PDFs) of everything except the joint sponsor’s paperwork. And my joint sponsor has a photocopy of all of his paperwork. Since a very good friend of more than ten years was so kind as to take on the initial paperwork plus long-term responsibility of being a joint sponsor, I did not want to further impose on his time and privacy by asking him to provide me copies of his paperwork containing his financial affairs. He kept copies for his own reference, and I am forwarding relevant comments from this post to him. I don’t consider his financial affairs to be any of my business – except that I know that his financial position will allow him to be a joint sponsor. So I think “shame on you” is a bit harsh.

To make matters more complicated, I am not in my home country right now – I am in Asia working on a research project. My wife is not American-born, but has lived in America for a decade. She is fluent in spoken English and only semi-literate in written English – therefore, I am having to co-ordinate everything from Asia, trying to resolve the tax questions, and trying to provide as much information to the joint sponsor as possible, so this does not become too much of a burden on his time. So it is a big headache! However, thanks to this forum and your help, it is possible.

Thanks!

[SW1 0]

Hi again, I tried to order the tax transcripts but it says "The address you have entered does not match our records" -- even though I am entering the current address which was on the 2012 tax return.

I tried several versions of the street address, e.g. "12-34 60th Street" and "1234 60th Street", and I tried the five-digit and nine-digit zip code.

It should be so simple and yet it's not working! Any ideas?

[Nich-Nick 3,354]

Hi again, I tried to order the tax transcripts but it says "The address you have entered does not match our records" -- even though I am entering the current address which was on the 2012 tax return.

I tried several versions of the street address, e.g. "12-34 60th Street" and "1234 60th Street", and I tried the five-digit and nine-digit zip code.

It should be so simple and yet it's not working! Any ideas?

The other ways I know are calling the transcript automated ordering number 800-908-9946

Or fill in this form and fax it in http://www.irs.gov/pub/irs-pdf/f4506tez.pdf The fax numbers are on the second page and depend on the state of residence. If you aren't the taxpayer, your spouse will have to do it.

Or just call the general IRS number and ask for help with a tax return transcript. They should transfer you to a live person in the correct department.

[SW1 0]

Thanks Nich-Nick,

The online form, which ended up saying “The address you have entered does not match our records", also had the number and I called it. But the automated system led to the same problem – the address didn’t match and I couldn’t speak to anyone. So strange! My wife received confirmation of her tax payment etc. at the address I’m trying to use. I tried her last address, but that didn’t work, either.

The link you sent is for Form 4506T. There’s also a 4506. And the webpage (the online form which wouldn’t recognise the address) also had a link (http://www.irs.gov/pub/irs-pdf/f4506t.pdf) to form 4506T-EZ.

Which should I use?

If 4506T-EZ, I don’t understand Sections 6, 7 and 8, or the “caution” after section 8.

Thanks again!

[Nich-Nick 3,354]

Thanks Nich-Nick,

The online form, which ended up saying The address you have entered does not match our records", also had the number and I called it. But the automated system led to the same problem the address didnt match and I couldnt speak to anyone. So strange! My wife received confirmation of her tax payment etc. at the address Im trying to use. I tried her last address, but that didnt work, either.

The link you sent is for Form 4506T. Theres also a 4506. And the webpage (the online form which wouldnt recognise the address) also had a link (http://www.irs.gov/pub/irs-pdf/f4506t.pdf) to form 4506T-EZ.

Which should I use?

If 4506T-EZ, I dont understand Sections 6, 7 and 8, or the caution after section 8.

Thanks again!

6. 1040 is the form most individuals use. Some with a very simple return use 1040A or 1040EZ. I don't know. Look at the tax return you have and what form was filed.

6a. Check that box you want a tax return transcript

6b to 8. No checks. You do not want any of those.

9. 2012 2011 2010 might as well get three years since you can.

Who is the taxpayer? Your wife? She must sign it. Is she in Asia also?

4506 is for a copy of a tax return. You want a TRANSCRIPT. Different things. You have a copy of her return. It didn't work because it was incomplete. You haven't been able to explain what was sent...like a w2 with it.?? So a transcript will be complete.

Edited September 27, 2013 by Nich-Nick

[SW1 0]

Thank you for further clarification. This whole process is further confusing because I’m not familiar with the US tax system. There was mention before (above) that we needed the W2 or 1099, but I just found out that those are issued by an employer, whereas my wife is officially self-employed. And I checked, and yes, it’s a 1040, so I followed your instructions exactly. Yes, my wife is the taxpayer; she is in America, so I will print and mail the form for her to sign and send.

I really appreciate your help!