I-864, EAD, RFE, Foreign Income

[newyorktooaxaca 0]

Hello,

If anyone can answer any part of this email, I would greatly appreciate it. I got a RFE three pages long, and it seems to be asking for the same thing over and over again. Basically my I-864 seems to be screwed up.

First, I think I need to resend my cosponsor's I-864. Second, I need to resend my I-864, and they seem to be asking for my tax forms from 2006. I orriginally sent them a letter telling them I didn't file because I had a very low income and I was working and paying taxes in Mexico. I didn't file taxes for 2006 because I was working in Mexico for the entire year, and I thought I didn't need to. But apparently I do.

Does anyone know about how to file taxes for foreign income? I don't have W2s or anything, so what would I submit as proof of my income? Also if I qualify for foregin income exclusion with the IRS does that mean that I don' t need to claim any income on my tax form?

Also they wrote this horrible sentence:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(1)(ii) until ninety(90) days after the missing initial evidence is recieved."

Does that mean that my husband isn't even eligible to receive a work permit for 90 or does that mean that within 90 days they must process his application?

My husband has an appointment for biometrics next week. Does this all mean that he has to reschedule? They haven't sent us anything about it

I read in other people's advice about this process that the hotline is completely useless. I millionth that. Thank god for this website or we would all be in the pits of despair!

Kristen

[kitkat1 5]

Kristen, first you need to see an accountant. You can file without one but it can be a bit complicated when there is foreign income and when you are filing late. You should have something equal to a W2 or paystub. Qualifying for the foreign income exclusion means it is taken into account in filing - it doesn't mean you don't need to claim the income. And yes, you are required to file a tax return. Even when I didn't work in the US and made ####### money working in Mexico, I was still required by law to file.

Biometrics is still necessary. The sentence about being ineligible for employment authorization basically means until you provide the requested information and they continue processing (and decide he is eligible).

[newyorktooaxaca 0]

I called the IRS, and I found out that I don't need paystubs. I just need to put my income in the gross income line, and write foreign income on the dotted line. Then you have to fill out the foreign income exclusion paperwork, and then put the result of that in another line of the 1040 with parentheses around it which means subtract (since I made so little). If anyone else wants details about this, write me.

So my next question is this. In my RFE, a line says I must submit the following:

"Federal income tax returns for the most recent tax year or certified Internal Revenue Service (IRS) copies"

Does that mean I can submit a copy of the 1040 form I just filled out or do I have to order the IRS transcripts?

Kristen