RFE because of I-864, help please!

[mgall 0]

Hi everyone,

First post here and hope it makes sense.

I'm currently in the process of AOS for family (wife) based visa. I have had an initial RFE in the post due to the I-864. The RFE advises that I need to send the most recent ta return of my wife, and (due to the fact that they haven't accepted the information on there at present) information for a co-sponsor.

The issue is that my wife was a student in the last tax year therefore wasn't required to file a federal tax return as she was a dependent on her parents. She now is employed and earns far over the threshold of 125% of poverty guidelines. The advice I'm looking for relates to proving this all to USCIS. I am hoping the following will satisfy them:

- A letter advising of the situation and her lack of tax returns due to not requiring

- A letter from her employer (on headed paper etc) confirming her annual salary, start date, position etc.

- A copy of her terms of employment

- A copy of her high school diploma confirming she graduated this year.

- A copy of the pages in her parents tax return which note her as a dependent (We have an accountant family friend picking this information out).

In the experience of your cases, or knowledge or USCIS, do you think this is enough to satisfy them?

Finally, EAD paperwork was submitted and received 09/03/2015 by USCIS. I understand this isn't affect by the aforementioned RFE?

Thanks in advance to you all!

M

[Nich-Nick 3,354]

If you read the I-864 instructions, it says a tax return is required or a signed statement saying why she was not required to file. If your original submission did not include the statement detailing why she was not required to file, then that is the reason for the RFE. A valid reason would be no income in 2014 or earning less than the filing threshold for Someone who can be claimed on another's return.

Being on her parent's return is not an excuse for not filing. If she earned over $6200 at a job or over $1000 in things like interest or dividends from saving accounts, she has to file. So if she had any earnings, state the amount. "I only earned $345.67 in the year 2014 and fell below the filing threshold. I was a full time student and claimed as a dependent on my parents' return." Or I earn $0.00 in 2014....etc.

[mgall 0]

Thanks Nich-Nick,

I haven't seemed to explain this fully. She had no earnings and was a Qualifying Child therefore did not have to file as per IRS 1040 form instructions. When you say a signed statement, do you mean from an accountant or from my wife? Also, is just saying " she earned $0.00 in 2014 adequate or do you suggest sending the parents tax return - even though they are not sponsors. i don't really awnt to confuse the USCIS people with n irrelevant tax return

M

[Anh map 2,098]

Being claimed as a dependent does not matter. Being in high school does not matter. Not earning enough to be required to file matters. The sponsor signs a statement (similar to what Nich-Nick gave as an example) regarding her not needing to file. This is adult time. No one else can sign the statement.

She proves her earnings claim with a letter from her employer along with recent pay stubs. The letter alone will not be sufficient.

[mgall 0]

Thanks Anh Map,

I just wanted confirmation not an accountant etc as just the individual signing confirming they didn't earn enough seems slightly open for people to abuse, but I'm not to complain as it makes it easier.. She had no earnings in the tax year. We have the pay stubs which clearly show her current earnings are over the threshold - is there a set period you would suggest to go back to? I.e 3 months, 6 months?

[Anh map 2,098]

As a new worker the longer the better with earnings proof.

The sponsor signing the document is the most powerful thing. They are the one signing the sponsor contract. If they are lying then they suffer the consequences.

[Nich-Nick 3,354]

Thanks Nich-Nick,

I haven't seemed to explain this fully. She had no earnings and was a Qualifying Child therefore did not have to file as per IRS 1040 form instructions. When you say a signed statement, do you mean from an accountant or from my wife? Also, is just saying " she earned $0.00 in 2014 adequate or do you suggest sending the parents tax return - even though they are not sponsors. i don't really awnt to confuse the USCIS people with n irrelevant tax return

M

If wife didn't file taxes, SHE writes a a statement. It does not have to be a letter format like people tend to say, as in Dear USCIS.....

It can be----

STATEMENT CONCERNING NOT FILING A TAX RETURN

I, Mary Ann Smith, primary sponsor for John Robert Smith (A#123456), did not file a tax return in 2014. I was a fulltime student, unemployed, and earned $0.00 in tax year 2014 so was not required by the IRS to file a tax return. The same is true for tax years 2013 and 2012.

[sign it here]

Mary Ann Smith Date: October 7, 3015

--------

That's it. Nothing signed by an accountant. It is her statement. They need to know her current income so the letter from the employer will vouch for that as well as six months most recent pay stubs. (The instructions mention six.)