RFE for Tax documents and income proof

[shoesoff 6]

14 minutes ago, March2018 said:

I filing jointly and my spouse had no SSN at the time.

When I filed my 1040 we included an application for an ITN ( Form W-7 ) 

The 1040 was filed with the space for my spouses SSN left blank.

 

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

 

I looked into the ITN but technically I'm not 'ineligible' for an SSN, I just don't have one yet, and so I was told I don't qualify for an ITN.

 

It seems there are a few ways we could have gone but I feel confident in the decision we made. And the incredibly helpful lady we spoke to at H&R was also very confident that everything would be fine.

 

My wife requested her IRS tax transcripts for the last 3 years from IRS last night. She doesn't have a credit card unfortunately so we'll have to wait for them to arrive in the mail. But I will send all three of them off with a new cover sheet listing the tax transcripts and new copies of her paystubs and employer letter (as 'not meeting the poverty line' is technically mentioned in our RFE).

Could I just get some confirmation on the W2? The instructions say it is not required if submitting an IRS transcript. Did anyone include their most recent W2 anyway? Or as Wuozopo said, is it simply likely to trigger another RFE? I just don't want them to base the calculations of whether my wife earns enough on her transcripts as she wasn't earning as much in the last couple of years due to travelling. She's in a full time stable job now that is well above (125% of) the poverty line so that should be fine, correct?

So to summarise, I need to send back a copy of the RFE letter with:

• Cover sheet explaining what is included
• New I-864 - I want to go through again and ensure everything is filled out correctly. The instructions don't explicitly call for Part 6. 19.b and 19.c to be filled in with n/a or a number or anything, but it seems like it could be a safer bet to do so (my wife was a full time student in 2015 and 2014 and therefore didn't file independently - hence no amounts)
• IRS Tax Transcripts for the last 3 years
• Recent paystubs and signed employer letter

Does that sound correct?

 

Thank you again to everyone who has replied and weighed in with their thoughts and suggestions. We truly are so so grateful for the folks like you who exist on this great forum. Thank you, thank you!

 

P

 

[arken 4,197]

W2 isn’t required if you are sending the transcript, that’s for sure.

 

If it’s already past April 17 by the time you send out the response, include the 2017 tax return extension document too.

[Wuozopo 4,287]

Is the 2017 wage statement (W2) from the same employer she listed on "I am currently employed by____"

I ask because it seems like you moved to Portland late in the year or this year and she had to find a new job. A W2 alone from a former employer hardly supports your cause. A letter from the current employer is providing the most current job and salary because things have changed.

 

Also why send 2014 and 2015 transcripts? You said they show low income because she did not work much. Are they below poverty level?

Instructions:

• Item Numbers 23.a. - 25. 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 suffcient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. 

If 2014 and 2015 are below poverty level, how do they help? Skip them if they don't show much income. Promote the good stuff. Demote the weak stuff.

Edited April 3, 2018 by Wuozopo

[shoesoff 6]

3 minutes ago, arken said:

If it’s already past April 17 by the time you send out the response, include the 2017 tax return extension document too.

Thanks. Yes, I forgot to include that but we intend to send that regardless.

[Ksenia_O 695]

40 minutes ago, shoesoff said:

I looked into the ITN but technically I'm not 'ineligible' for an SSN, I just don't have one yet, and so I was told I don't qualify for an ITN.

 

It seems there are a few ways we could have gone but I feel confident in the decision we made. And the incredibly helpful lady we spoke to at H&R was also very confident that everything would be fine.

 

My wife requested her IRS tax transcripts for the last 3 years from IRS last night. She doesn't have a credit card unfortunately so we'll have to wait for them to arrive in the mail. But I will send all three of them off with a new cover sheet listing the tax transcripts and new copies of her paystubs and employer letter (as 'not meeting the poverty line' is technically mentioned in our RFE).

Could I just get some confirmation on the W2? The instructions say it is not required if submitting an IRS transcript. Did anyone include their most recent W2 anyway? Or as Wuozopo said, is it simply likely to trigger another RFE? I just don't want them to base the calculations of whether my wife earns enough on her transcripts as she wasn't earning as much in the last couple of years due to travelling. She's in a full time stable job now that is well above (125% of) the poverty line so that should be fine, correct?

So to summarise, I need to send back a copy of the RFE letter with:

• Cover sheet explaining what is included
• New I-864 - I want to go through again and ensure everything is filled out correctly. The instructions don't explicitly call for Part 6. 19.b and 19.c to be filled in with n/a or a number or anything, but it seems like it could be a safer bet to do so (my wife was a full time student in 2015 and 2014 and therefore didn't file independently - hence no amounts)
• IRS Tax Transcripts for the last 3 years
• Recent paystubs and signed employer letter

Does that sound correct?

 

Thank you again to everyone who has replied and weighed in with their thoughts and suggestions. We truly are so so grateful for the folks like you who exist on this great forum. Thank you, thank you!

 

P

 

If you submit Tax Transcripts, than  W-2s/1099s are not required.  

 

But you still have to prove your income for 2017. And I'm pretty positive that's what they really want - 2017.

So I'd send W-2s/1099s (whatever you have ) and recent paystubs and signed employer letter ALONG with Form 4868 (Application for Automatic Extension of Time To File U.S. Individual Income Tax). It would explain USCIS why you don't have the most recent"Tax Return.

 

 

[shoesoff 6]

1 minute ago, Wuozopo said:

Is the 2017 wage statement from the same employer she listed on "I am currently employed by____"

I ask because it seems like you moved to Portland late in the year or this year and she had to find a new job. A W2 alone from a former employer hardly supports your cause. A letter from the current employer is providing the most current job and salary because things have changed.

 

Also why send 2014 and 2015 transcripts? You said they show low income because she did not work much. Are they below poverty level?

Instructions:

• Item Numbers 23.a. - 25. 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 suffcient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. 

If 2014 and 2015 are below poverty level, how do they help? Skip them if they don't show much income. Promote the good stuff. Demote the weak stuff.

Fair point, yes. I guess it was more to establish that she did work pretty substantially from May 2015 to 2016, and subsequently that she is now back working substantially.
If all they require is 2016 then that's all we'll submit.
I did include a letter in my original package that explained her position as a full time student during 2014 and 2015, along with highlighted copies of the relevant pages from the P17 Tax Guide for those years. They should still have those but I may well send them again just to be sure.

 

It sounds like the concern now is that her most recent tax transcript is unlikely to provide her ability to 'maintain sufficient income' - though her current W2, 1099g and a copy of the 4868 (and the email from IRS accepting her application for extension) should be sufficient. Right? As it will accompany a letter from her employer with her salary and on-going job status and a collection of recent paystubs.

And yes. The W2 is from her current employer. She started working in November of 2017, so it includes a couple of months of pay information for the 2017 tax year. Same employer, same address and everything.

 

9 minutes ago, Ksenia_O said:

ALONG with Form 4868 (Application for Automatic Extension of Time To File U.S. Individual Income Tax). It would explain USCIS why you don't have the most recent"Tax Return.

 

 

Do you think they will care what the reason is that she has applied for an extension? Or do they just want to see that she has applied (and that it has been granted)?

[Ksenia_O 695]

35 minutes ago, shoesoff said:

Fair point, yes. I guess it was more to establish that she did work pretty substantially from May 2015 to 2016, and subsequently that she is now back working substantially.
If all they require is 2016 then that's all we'll submit.
I did include a letter in my original package that explained her position as a full time student during 2014 and 2015, along with highlighted copies of the relevant pages from the P17 Tax Guide for those years. They should still have those but I may well send them again just to be sure.

 

It sounds like the concern now is that her most recent tax transcript is unlikely to provide her ability to 'maintain sufficient income' - though her current W2, 1099g and a copy of the 4868 (and the email from IRS accepting her application for extension) should be sufficient. Right? As it will accompany a letter from her employer with her salary and on-going job status and a collection of recent paystubs.

And yes. The W2 is from her current employer. She started working in November of 2017, so it includes a couple of months of pay information for the 2017 tax year. Same employer, same address and everything.

 

Do you think they will care what the reason is that she has applied for an extension? Or do they just want to see that she has applied (and that it has been granted)?

I'm a Tax Preparer. An the last day of any Tax Season is the busiest day of the season... yes, because of people, filing extensions

 

People have numerous reasons to file an extension, so there is nothing wrong with that. And I don't think USCIS really cares about the reasons.

I

 

Just providing USCIS with the Form 4868 would be a proper way to show  you don't have... yet..  your most recent Tax Return and that's  why USCIS is provided with  W-2s/1099s and stuff to proof your Income for 2017, instead of 1040.

 

P.S. We had the same RFE during my AOS - the case was pending for 15 months, so we weren't surprised they wanted updated info.  The case got approval 4 weeks after we responded to RFE. Just do your best, submit what they want you to, keeping things simple but well-organized, and you should be fine. 

 

Good luck!!!

Edited April 3, 2018 by Ksenia_O

[shoesoff 6]

Hey everyone.

The IRS transcripts are in the mail on the way to us and I'm just putting the coversheet together so I can have everything sent off as soon as they arrive.

 

I'm feeling pretty confident with what I have on the checklist so far (included below) but I just wanted to see what peoples' opinions were on whether or not I should include a new I-864 Affidavit of Support from my wife. The information is all the same. Same job. Same amounts. Though I did leave some boxes blank on the original form...
Would it be simpler and cleaner to just submit the whole I-864 (plus evidence) again? Or is that overkill if all they are asking for is the tax transcripts and, potentially, proof of her employment (again)?
If I was to submit a new version, would I again need to include evidence of her being exempt from taxes for 2016 and 2015 (to explain why the boxes for '2nd Most Recent' and '3rd Most Recent' are empty)?

 

Curious on your thoughts.

 

This is the list of the items in the package as it stands:

• Copy of Request for Initial Evidence (I-485) Letter
• I-864 Affidavit of Support
• Copy of 2016 IRS Tax Transcript
• Copy of 2017 W2 & 1099g
• Copy of IRS form 4868 – Application for Tax Return Extension for 2017
• Copy of Confirmation of Accepted Tax Extension for 2017
• Copy of Letter of Employment/Commitment Letter
• Copies of recent pay stubs

Again, I am so so grateful for all of the responses. We're definitely looking forward to getting this sent off and the application on its way again.

Thank you again.

 

P

[joycedsyy419 1]

On 4/3/2018 at 1:22 PM, arken said:

W2 isn’t required if you are sending the transcript, that’s for sure.

 

If it’s already past April 17 by the time you send out the response, include the 2017 tax return extension document too.

I sent transcript of all last three years, but still got RFE for W-2. and the same statement about not meeting 125% poverty line. 

Very confused and this is upsetting since it delays timeline. 

just FYI