RFE recieved

[pmarshall 9]

Hi all,

OK so we received a rfe letter today in the mail. They require 3 things:

1. A complete federal income tax return.

2. Submit all supporting tax docs for most recent tax year.

3. Based on documentation sent did not meet 125% guideline.

OK so here is the situation we have, the petitioner earns and clears after tax around 1400 a month so she does meet the 125%.

We sent in 2011, 2012 transcripts but there is no 2013 as she was a bit naughty and worked for cash. She only started this job in April.

How can we solve this issue ?? We may have a sponsor (brother) but what can we do about the most recent tax return.

Thank you

Paul

Edited October 27, 2014 by pmarshall

[AnnaMaria 68]

Hey, i'm not sure which poverty guideline you are using, but in order to file an Affidavit of Support without a Joint Sponsor (Just petitioner and Beneficiary) you need to show you make 125% of the federal poverty guideline for a family of 2. If you make $1400 a month, that means you earn annually $16,800, which means you do not make enough to sponsor alone.

The amount that you would need to make for a family of 2 is $19,663.

http://www.masslegalservices.org/content/federal-poverty-guidelines-2014

[Lainie B 465]

She is going to have to file her 2013 taxes.

[pmarshall 9]

Sorry I meant $1400+ per check every 2 weeks.

So we are wondering if she files here 2012/13 tax this would cover no 1 on the rfe.

Thanks

[Pinkrlion 2,607]

They are wanting W-2's as well.

[pmarshall 9]

So she needs to file here 2012/13 tax return, we send in the transcript and W2. Plus find a sponsor too.

Thanks

Better get to working on it all.

[Nich-Nick 3,353]

Hi all,

OK so we received a rfe letter today in the mail. They require 3 things:

1. A complete federal income tax return.

2. Submit all supporting tax docs for most recent tax year.

3. Based on documentation sent did not meet 125% guideline.

OK so here is the situation we have, the petitioner earns and clears after tax around 1400 a month so she does meet the 125%.

We sent in 2011, 2012 transcripts but there is no 2013 as she was a bit naughty and worked for cash. She only started this job in April.

How can we solve this issue ?? We may have a sponsor (brother) but what can we do about the most recent tax return.

Thank you

Paul

Here's my translation.

1) If she did not file a return, then you can't just skip it. You have to included a signed statement saying why she was not required to file. So if she didn't get W2s, then it appears she didn't earn any money to the IRS. A statement saying she was unemployed would cover no tax return. Please note, I am not advocating cheating on income tax. That is a decision she already made. I am just telling you if she was pretending to be unemployed to the IRS, then USCIS would expect a statement saying why she did not file in lieu of the tax return. Of course, you will need an employer letter to show current employment since she was "unemployed" for 2013.

2) supporting tax docs. Similar to saying submit a tax return. All pages, schedules, w2s etc. Or a statement why she didn't earn any money so didn't need to file.

3) Based on documentation sent she didn't meet guideline. The bold part is the key. She did not send the required documentation, so you haven't proven anything. It was all ignored because of the lack of a tax return or statement why there wasn't one. She earns enough but as far as they are concerned it is invisible until you solve #1. You don't need a joint sponsor. You need to follow the instructions written for the I-864 .

And note--

There is no 2012/2013 tax return. It is calendar year 2013....Jan to Dec.

A transcript does not require a W2 with it. A transcript is a printout from the IRS. And she doesn't have a w2 if she worked for cash.

There are two ways to submit tax info--one or the other, not both

A) A tax form 1040, all other forms in the tax return, any schedules PLUS W2 wage statement from the employer, who also filed it with the IRS.

B) A tax return transcript from the IRS.

Pick A or B

You can file a late return and pay the taxes and penalty. You can even declare earnings and say you didn't receive a W2 from the employer. Then they will go after the employer for not reporting her earnings.

[pmarshall 9]

Thanks nick

So if we get the 2013 tax return sorted out asap we do not need a sponsor.

Its just the rfe states that she did not meet the required income ??

She started her current job in April 2014 so we sent all payslips and transcripts of 2011 & 2012.

Thanks

[Nich-Nick 3,353]

Thanks nick

So if we get the 2013 tax return sorted out asap we do not need a sponsor.

Its just the rfe states that she did not meet the required income ??

She started her current job in April 2014 so we sent all payslips and transcripts of 2011 & 2012.

Thanks

This is a typical RFE where they ignored the current job evidence because you missed out on the ONE thing that is absolutely required. They stop right there and do not evaluate what you did send. Other RFEs (for example) have been because the people did not follow the instructions that say a joint sponsor needs proof of citizenship or greencard . No proof of citizenship and the joint sponsor's other stuff is ignored. USCIS writes "based on documentation submitted" the joint sponsor does not meet the qualifications. It's just how they write it. it's like they can hit a button to generate RFE reasons, so they pick a few when No Tax Return would have been clearer to you. It is not personal to you. It is a generic response.

Did you actually read the instructions written by USCIS? It's pretty clear.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You didn't do that. They ignore your other stuff until you provide it.

And further down backs up what I said when I corrected you about sending a transcript and a W2.

If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

There is a difference between a tax return and a tax transcript. A transcript stands alone with no W2 required because it come from the IRS. But you can't get a transcript until you file.

This is not going to be an easy fix because her employer did not report her wages to the IRS in 2013 according to you. That report is called a form W2. She gets a copy of what was reported to the IRS so she can file taxes. Working for "cash" is more than being naughty. It is tax fraud. Getting cash does not make the income tax free.

[pmarshall 9]

Nick

Thanks again, spoke to the wife and yes she was on the books phwew so I think all we need to do is get the return done asap.

Paul

[Nich-Nick 3,353]

Nick

Thanks again, spoke to the wife and yes she was on the books phwew so I think all we need to do is get the return done asap.

Paul

Then it will be easy.

[Nich-Nick 3,353]

Nick

Thanks again, spoke to the wife and yes she was on the books phwew so I think all we need to do is get the return done asap.

Paul

Forgot to say, even if ALL her income wasn't' on the books and the tax return falls short of qualifying, she can provide a letter from the new employer stating her yearly salary, job, when started, etc along with 6 months of pay slips. They will consider the current job as sufficient, even with a weak 2013 tax return. That is a reason to send the optional 2011 and 2012 if they were higher tax years. It helps the picture.

[pmarshall 9]

I'm new to the us tax procedure but can she still put a return in this late ??

I hope so without to much cost.

Paul

[jerod_gavel 16]

You can submit taxes up to 4 years late. After that they usually come after you. (As I have seen with numerous friends working overseas.) She can just take her W2's down to any tax preparer (CPA) and they would do it for roughly $80. You never know she might be owed money.

[Nich-Nick 3,353]

Yes, you can send a late return. If she owes any taxes, they will assess a fee for being late. It's kinda like when credit card companies charge interest on your unpaid balance.

IRS http://www.irs.gov/uac/Newsroom/Eight-Facts-on-Late-Filing-and-Late-Payment-Penalties