Request for initial evidence - 9 days left

[Cardinal6669 10]

So I have 9 days left to reply to this RFE (mostly not my fault), and I am freaking out.

It is a request for Initial Evidence for I-485.

It says:

• The petitioner/sponsor on Form I-864, Affidavit of Support, must submit a complete federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent year.

What does this mean?
We included the most recent 3 years of tax returns for my wife (the U.S citizen). Do I (the petitioner, an Australian) have to give mine as well or something, or what?
She says it is possible we may have only included the first two pages (the relevant pages) which has the summary, but if that were the case wouldn't they have objected to the other 2 years of tax returns as well?

I wish they gave more specific information.

[Ash.1101 1,755]

Did you send just the 1040 or did you send the tax transcripts? Tax transcripts are ordered from the IRS seperately from what you would normally have.

If you just sent the form 1040, you want to send the W2's as well to make it complete. Sending just the tax return (form 1040) only is not good enough.

Edited December 5, 2015 by Ash.1101

[Anh map 2,098]

The sponsor is the US citizen spouse.

A complete tax return is all pages of the return plus all the supporting documents such as 1099's, W2's, all schedules (or the IRS transcript which is preferred). If that is not what was sent, that is the problem.

The most recent tax year is 2014.

So the notice is very specific. 2014, complete tax return. from the sponsor.

[kris&me 572]

You are not the petitioner/sponsor / the US citizen is the petitioner

the only tax returns they need are from the US citizen

[Chico Malo 0]

So I have 9 days left to reply to this RFE (mostly not my fault), and I am freaking out.

It is a request for Initial Evidence for I-485.

It says:

• The petitioner/sponsor on Form I-864, Affidavit of Support, must submit a complete federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent year.

What does this mean?

We included the most recent 3 years of tax returns for my wife (the U.S citizen). Do I (the petitioner, an Australian) have to give mine as well or something, or what?

She says it is possible we may have only included the first two pages (the relevant pages) which has the summary, but if that were the case wouldn't they have objected to the other 2 years of tax returns as well?

I wish they gave more specific information.

Item Numbers 18.a. - 20. Federal Income Tax Return Information

You must provide either an Internal Revenue Service (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.

Form I-864 Instructions 07/02/15 N Page 8 of 16

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a

Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign

government unless you claim that you were not required to file a Federal individual income tax return with the United

States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not

subject to tax in the United States.

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return

with your spouse and are qualifying using only your income.

( This is from I-864 Instructions page)

[KayDeeCee 4,892]

A complete copy is just that, everything that you would have filled out and sent to the IRS had you filed by mail. That is ALL forms, schedules, attachments, W-2s and/or 1099s. OR you can get an IRS transcript. You would need to have them fax it or pick it up in person at this point though.

[Cardinal6669 10]

Did you send just the 1040 or did you send the tax transcripts? Tax transcripts are ordered from the IRS seperately from what you would normally have.

If you just sent the form 1040, you want to send the W2's as well to make it complete. Sending just the tax return (form 1040) only is not good enough.

I don't think we sent any W2's. But if that is the case, then why didn't they say the same thing for the other 2 years as well?

They only flagged the most recent year.

[Ash.1101 1,755]

I don't think we sent any W2's. But if that is the case, then why didn't they say the same thing for the other 2 years as well?

They only flagged the most recent year.

Most likely because the most recent year is the most relevant and helps them more in making their decision more than a 2013 and 2012 tax return.

Either way, KayCeeDee and Anh Map are right. You need to send EVERYTHING that would have been used to file the tax return to make it be considered complete.

Edit: In all honesty though could have asked this for the other years as well, but be happy that they only asked for the most recent.

Edited December 5, 2015 by Ash.1101

[Cardinal6669 10]

A complete copy is just that, everything that you would have filled out and sent to the IRS had you filed by mail. That is ALL forms, schedules, attachments, W-2s and/or 1099s. OR you can get an IRS transcript. You would need to have them fax it or pick it up in person at this point though.

Item Numbers 18.a. - 20. Federal Income Tax Return Information

You must provide either an Internal Revenue Service (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.

Form I-864 Instructions 07/02/15 N Page 8 of 16

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a

Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign

government unless you claim that you were not required to file a Federal individual income tax return with the United

States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not

subject to tax in the United States.

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return

with your spouse and are qualifying using only your income.

( This is from I-864 Instructions page)

The sponsor is the US citizen spouse.

A complete tax return is all pages of the return plus all the supporting documents such as 1099's, W2's, all schedules (or the IRS transcript which is preferred). If that is not what was sent, that is the problem.

The most recent tax year is 2014.

So the notice is very specific. 2014, complete tax return. from the sponsor.

Arhgggg. Pretty sure we just sent the 1040.

I am having her look for the W2 now.

What is the quickest way to obtain a W2 if we find she doesn't have it?

Most likely because the most recent year is the most relevant and helps them more in making their decision more than a 2013 and 2012 tax return.

Either way, KayCeeDee and Anh Map are right. You need to send EVERYTHING that would have been used to file the tax return to make it be considered complete.

Edit: In all honesty though could have asked this for the other years as well, but be happy that they only asked for the most recent.

So the 1040 and W2 should be sufficient?

[Ash.1101 1,755]

Arhgggg. Pretty sure we just sent the 1040.

I am having her look for the W2 now.

What is the quickest way to obtain a W2 if we find she doesn't have it?

You can either order a tax transcipt, but it wouldn't come before your nine days is up as it usually takes 10 days to recieve.

You could also have her contact the place of business where she worked and see if she has it. If her place of business used an online kiosk where she could download the W2, if it's still available to log in, she may be able to just print it out. Either way, it'll come from the business she works/worked at.

[KayDeeCee 4,892]

They are only asking for the most recent tax return because that is only one that is required to be submitted with the I-864.

If you don't have a copy of your W-2, then I am not sure you will be able to get one. You can always ask your employer, but they may not have them available anymore. If that is the case, you will need to contact the IRS to get your tax transcript. If you have a local office, go there in person and pick one up.

[Cardinal6669 10]

Okay guys, she thinks she does have a copy of her W2, so she is looking for it now. Hopefully she does.

How do I go about compiling this and sending it?

Do I just send the 1040 and W2 paperclipped and in an envelope?

Or do I need a title page, an entire new packet with all the other documents, etc?

Edited December 5, 2015 by Cardinal6669

[KayDeeCee 4,892]

If the 1040 and W-2 are the only forms from her 2014 tax filing, then that is all you need. You can add a cover letter stating what you are including as a response to the RFE. Place the RFE letter on top and mail it to the address that is on the RFE notice. Be sure to make a copy of the RFE notice too, before sending it off.

[Cardinal6669 10]

If the 1040 and W-2 are the only forms from her 2014 tax filing, then that is all you need. You can add a cover letter stating what you are including as a response to the RFE. Place the RFE letter on top and mail it to the address that is on the RFE notice. Be sure to make a copy of the RFE notice too, before sending it off.

Thank you.

[Cardinal6669 10]

Okay this is what she has found:

• 1040 for 2014 (2 pages long)
• W2's for her main job + W2's for the part time job's she had
• Form 13614-C Intake interview & quality review sheet (no idea what that is but will include it anyway)
• Form 8880 credit for Qualified Retirement Savings Contributions
• Form 8879 IRS e-file signature authorization (might as well include it)
• Affordable Care act worksheet
• W2 Detail report

Do you guys know if this sounds like all the stuff we need to send?
Missing anything?

EDIT: All this stuff is from the most recent 2014 tax return

Edited December 5, 2015 by Cardinal6669