Jump to content
u05dmc2

Request for I-485 additional information

21 posts in this topic

Recommended Posts

I have submitted applications for I-130, I-485 and I-765. I have since received a request for further information with 87 days. USCIS have requested federal income tax returns from my wife (petitioner) for the most recent tax year. We have recently moved from the UK where my wife held residency, and as such was not required to file for federal income tax return. I have explained this in a letter with my initial application, and I don't understand why I need to resubmit this.


USCIS are also requesting for W2s, 1099s, 2555 for the most recent tax year, and for reasons explained above none of these records are available.


Finally, they have stated "based on the documents submitted with form I-864 for the petitioner, the income did not meet 125% of the poverty guideline for the petitioner's household size." It is only my wife and I in the property and she earns $72,000, which is over and above the $19,912 required.


Please help! I'm not sure what to do. Is it worth paying for an immigration attorney?

Share this post


Link to post
Share on other sites

I think I have read on here that even though you don't have income in the United States, you are still required to file a tax return. She can still file for previous years.


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

What visa did you get in on to the US? VWP?


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites
We have recently moved from the UK where my wife held residency, and as such was not required to file for federal income tax return.

As LoveMyTico says, your wife being outside of the USA and living in the UK does not mean that she did not have to file US tax returns. She should back-file her missing years.

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

Supplying the correct tax return transcripts should then be sufficient.

Finally, they have stated "based on the documents submitted with form I-864 for the petitioner, the income did not meet 125% of the poverty guideline for the petitioner's household size." It is only my wife and I in the property and she earns $72,000, which is over and above the $19,912 required.

What evidence did you supply of the $72k income? They expect to see tax transcripts of this income, or if the income is more recent than the last tax year you filed, then they'll want to see pay information from her employer etc. Remember, the income must be US-available income, foreign income that goes away upon relocation doesn't count.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

I have submitted applications for I-130, I-485 and I-765. I have since received a request for further information with 87 days. USCIS have requested federal income tax returns from my wife (petitioner) for the most recent tax year. We have recently moved from the UK where my wife held residency, and as such was not required to file for federal income tax return. I have explained this in a letter with my initial application, and I don't understand why I need to resubmit this.

USCIS are also requesting for W2s, 1099s, 2555 for the most recent tax year, and for reasons explained above none of these records are available.

Finally, they have stated "based on the documents submitted with form I-864 for the petitioner, the income did not meet 125% of the poverty guideline for the petitioner's household size." It is only my wife and I in the property and she earns $72,000, which is over and above the $19,912 required.

Please help! I'm not sure what to do. Is it worth paying for an immigration attorney?

You don't need an attorney, you need her US tax returns. They do accept a statement why one was not required to file in lieu of the tax returns, but it must be a valid legal reason, like earned zero income. The reason "she lived in the UK" isn't an acceptable reason for not filing taxes so they didn't accept that and sent an RFE.

They also refused to accept anything you submitted concerning earnings because you fell down on the first step---providing a tax return. That's the only reason they said she didn't qualify...because they never look at that until you send the required items.

If she was working and earning an income anywhere in the world, then she has to report that income (converted to US dollars) to the IRS. She could also file Form 2555ez as part of her tax return to exclude her foreigner earned income. She won't be paying any taxes, but she definitely needs to file a tax return reporting her earnings as income.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

~ Moving to AOS from tourist, student, work visa. This has nothing to do with K3 visa. ~


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

Thank you for your help. I'll get on it and sort out the filing of taxes/earnings with IRS. Will I have to wait for a reply from the IRS before I send information to USCIS? If so, do you have an idea of how long will this take?

Thanks again

Share this post


Link to post
Share on other sites

It's tax season...probably best to check with the IRS. I would assume they want the transcripts. You can order and print the transcripts from the IRS website, but again, you'll have to check on processing times. I don't think the transcripts are available immediately.


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

It's tax season...probably best to check with the IRS. I would assume they want the transcripts. You can order and print the transcripts from the IRS website, but again, you'll have to check on processing times. I don't think the transcripts are available immediately.

If you are able to get tax transcripts through IRS website then they will be available immediately, If you request them through mail, they will arrive within 10 business days (usually 2 weeks).


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

Share this post


Link to post
Share on other sites

Not available immediately if you just recently filed. It takes a while for the IRS to get it in the system.


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

Thank you for your help. I'll get on it and sort out the filing of taxes/earnings with IRS. Will I have to wait for a reply from the IRS before I send information to USCIS? If so, do you have an idea of how long will this take?

Thanks again

my husband and I are almost in the same situation as you. We had to file amended tax return for the last 2 years, it took us a while to get all the required paperwork (we have CPA doing it for us). On IRS website stated that amended tax return can take up to 16 weeks (!!!!!!) to process completely. we finally filed 2.5 weeks ago, now it's just a waiting game that is killing me... Our case is complicated because my husband has been self employed for last 2 years and it requires tons of paperwork to submit to IRS....

Not available immediately if you just recently filed. It takes a while for the IRS to get it in the system.

I was talking about previous years


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

Share this post


Link to post
Share on other sites

Sooooooo, if you have to file tax returns for previous years or Amend previous returns, that would be considered "recently filed". If you already filed every year on time, then obviously the transcripts are available immediately online to print..I had to print mine out for our case.


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

Thank you for your help. I'll get on it and sort out the filing of taxes/earnings with IRS. Will I have to wait for a reply from the IRS before I send information to USCIS? If so, do you have an idea of how long will this take?

Thanks again

The IRS does not reply to say you have filed.

A photocopy of the tax return is allowed with the I-864. Read the instructions for the form. It does not say that only an IRS transcript is acceptable. With a photocopy of the entire tax return, a W2 or 1099 wage statement is part of it. Since the foreign income will not have a US W2 or 1099, she won't have that. You might want to add a statement page behind the tax return that all income reported is from a foreign company for work performed in a foreign country and thus there are no employment wage statements; and also the IRS does not require W2 or 1099s when reporting foreign income. Her return will have for 2555EZ showing the foreign income and that she qualified to exclude it.

The return will show zero taxable income, so is of no use to indicate the ability to sponsor, but it will meet the requirement of submitting a tax return. You will have to prove she now has an income and how much with the suggested other options. The instructions also tell you what those "optional" items are. In her case, since she has nothing on the tax return, those optional items are necessary.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×