Request for I-485 additional information

[u05dmc2 0]

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?

[LoveMyTico 999]

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.

[u05dmc2 0]

One other question.....

Since the processing of my I-485 has been suspended pending the receipt of further information, will all other applications filed concurrently (such as I-765, EAD) also be suspended?

[milimelo 4,194]

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

[u05dmc2 0]

Yes I arrived on November 7th and filed concurrently forms I-130, I-485 and I-765 in mid January

Entered through VWP

[lost_at_sea 995]

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.

[Nich-Nick 3,353]

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 March 5, 2015 by Nich-Nick

[milimelo 4,194]

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

[u05dmc2 0]

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

[LoveMyTico 999]

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.

[pilotkausa 5]

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).

[LoveMyTico 999]

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

[pilotkausa 5]

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

[LoveMyTico 999]

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.

[Nich-Nick 3,353]

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.