Help with RFE (AOS)

[Natonstan 129]

Hey guys, we just got an RFE regarding my Adjustment of Status, basically my wife isn't working right now and never has been employed as she just recently left school, her father is co-sponsoring me and his wages are $40,000+ per year so this was no problem obviously. They are now requesting more information, I sent in tax transcripts for the past 3 years, and W-2s however they're saying this is not enough, I'm now going to send in copies of wages (online paystubs as he doesn't get physical ones), his birth certificate as this wasn't included in my original application, and also another I-864 as I forgot to fill one out for my wife (Only her father/co sponsor).

My big question is because my wife hasn't worked she doesn't have any tax information, would it be fine to just include a note stating so?

[stevensane 10]

Hey guys, we just got an RFE regarding my Adjustment of Status, basically my wife isn't working right now and never has been employed as she just recently left school, her father is co-sponsoring me and his wages are $40,000+ per year so this was no problem obviously. They are now requesting more information, I sent in tax transcripts for the past 3 years, and W-2s however they're saying this is not enough, I'm now going to send in copies of wages (online paystubs as he doesn't get physical ones), his birth certificate as this wasn't included in my original application, and also another I-864 as I forgot to fill one out for my wife (Only her father/co sponsor).

My big question is because my wife hasn't worked she doesn't have any tax information, would it be fine to just include a note stating so?

My understanding is that if you wife did not file tax returns she can't just write a note herself informing them of this, she needs to request a 'verification of non-filing letter' for the year in question from the IRS. I think she can request it through the IRS website.

[Nich-Nick 3,354]

Hey guys, we just got an RFE regarding my Adjustment of Status, basically my wife isn't working right now and never has been employed as she just recently left school, her father is co-sponsoring me and his wages are $40,000+ per year so this was no problem obviously. They are now requesting more information, I sent in tax transcripts for the past 3 years, and W-2s however they're saying this is not enough, I'm now going to send in copies of wages (online paystubs as he doesn't get physical ones), his birth certificate as this wasn't included in my original application, and also another I-864 as I forgot to fill one out for my wife (Only her father/co sponsor).

My big question is because my wife hasn't worked she doesn't have any tax information, would it be fine to just include a note stating so?

A statement signed by her should do in lieu of her tax returns.

"I did not file a tax return in 2013, 2012, or 2011 because I was unemployed and earned $0.00 income. I was not required to file for this reason".

Read the instructions to the I -864 this time to go over everything.

It does say your wife has to fill out a form.

It does say the joint sponsor has to prove citizenship.

It does NOT say your wife needs a statement from the IRS saying she didn't file. She writes it.

It does say if you send a transcript, you do not need w2s.

And understand that if your father-in-law filed a joint tax return with his wife, the income is lumped together. With only the tax return, they do not have any proof of Dad's separate income. Get a letter from his employer stating Dad's income as a good documentation.

Edited May 17, 2014 by Nich-Nick

[Natonstan 129]

A statement signed by her should do in lieu of her tax returns.

"I did not file a tax return in 2013, 2012, or 2011 because I was unemployed and earned $0.00 income. I was not required to file for this reason".

Read the instructions to the I -864 this time to go over everything.

It does say your wife has to fill out a form.

It does say the joint sponsor has to prove citizenship.

It does NOT say your wife needs a statement from the IRS saying she didn't file. She writes it.

It does say if you send a transcript, you do not need w2s.

And understand that if your father-in-law filed a joint tax return with his wife, the income is lumped together. With only the tax return, they do not have any proof of Dad's separate income. Get a letter from his employer stating Dad's income as a good documentation.

Thanks so much Nick, gonna get her to fill out the form as well as get employer letter and pay stubs (along with his and my wife's birth certs), great advice as always!

[shell20 746]

Hello Natonstan and Nich Nick

,t am just popping in to say a big hello to you guys. I am in the USA now after such a long, long wait and I now finally have some time to myself to come back onto visa journey. I'm not looking forward to AOS, but at least I know I have you guys to help me through it and of course all of the other members on here. x

[Derwood 203]

Hey Shell, I made it here too! Not looking forward to AOS either, but I know the information on this site, including Nich-Nick's fantastic contributions should make it fairly painless :-)

[otter~ 17]

Wow it's all my friends from London in here haha!! Hope you're all doing alright

We just filed our AOS as well, im expecting an RFE because of the sponsor thing too because I'm not sure we gave enough evidence... This AOS is even scarier than the K1!!

But yeah Natonstan, my husband gets online paystubs too because he works from home, and he didn't have 2012 or 2011 tax returns so we just sent a letter explaining he didn't have to file those years for the reasons he wasn't employed back then. Hopefully they will be alright with that. Sorry to hear ya got an RFE but on the bright side it means they were looking at your petition! Hoping you get a fast approval