Jump to content
Baconsoda

RFIE i485 SENT AFTER WAITING 7 MONTHS

4 posts in this topic

Recommended Posts

Rfie i485 Advice on Response
We only have a couple of weeks left to respond are freaked out!
"1st of August 2018 we received a pink RFIE /RFE from Montana office for i485, i864 affidavit of support, saying we must submit a complete Federal income tax return that was submitted to IRS for most recent tax year. And states if you were not required to file a tax return under us tax law please attach a written explanation of why you are not required to file." Please read below our background and questions.

So if I could please get some advice on a RFIE that was issued to us two months ago.

 

Here is the Background of our situation-  ( #10. Is what was sent to us in RFIE) 

 

1. ) I am USC Born in Colorado wife is a Aus Citizen.

 

2. ) We were married on 19th of Feb 2015

 

3. ) We met and started dating in 2008 in Canada where we both lived.

 

4. ) 2010 we started living together. Submitted bills and other evidence of same address for past 7 years.

 

5. ) We left Canada in 2017 for her to go to school here.

 

6. ) After a while we bought a car and two dogs and decided we should apply for AOS eventually as my wife and I would like to be able to eventually buy a house and settle down.

 

7. ) In January this year we decided to apply for i130, i130a, i485, i864 CO SPONSOR, i864 Petitioner, i693, i131, i765... And I think that was all of the forms.

 

8. ) USCIS received our package ( probably 8 pounds or more in weight ) on Jan 31st 2018

 

9. ) Biometrics was done March 8th I believe

 

10. ) 1st of August 2018 we received a pink RFIE /RFE from Montana office for i485, i864 affidavit of support, saying we must submit a complete Federal income tax return that was submitted to IRS for most recent tax year. And states if you were not required to file a tax return under us tax law please attach a written explanation of why you are not required to file.

 

11. ) I have tried to get proof of no tax return form transcript from IRS but their system to register a transcript request has been down for weeks.

 

12. ) We had a lawyer who we paid to help and submitting a explantation for my no tax filing for last 8 years + was what we thought we should do but lawyer said we didn't as we already have a Joint Sponsor and lived in canada and I didn't make enough money anyway to have to file. But now we can't afford further legal advice from her or anyone else.

 

13. ) I  wasn't employed last 3 years and but sometimes got part time gigs  in canada but it was always under the federal amount required to file.

 

14. ) So I  had not filed any taxes in years because of the lack of work and lack of work opportunities in Canada.

 

15. ) Since applying in January I am now employed and will be filing taxes for next year.

 

 

So here are my questions. If someone could offer advice that would be so helpful to us! 

 

1. ) Would a written explanation as to why I  didn't file taxes last year as being unemployed and living in Canada until august 2017 and not having a job in U.S for rest of 2017.. be sufficient for evidence needed to continue processing our case?

2.) Is any other explanation or documents needed to help get approved and processed?

3.) Being that its 7 months to get RFE and had no other updates until RFE was sent and biometrics processed what could we expect in terms of approval or processing time. A lot of people say it resets the waiting period back to zero ?

 

Any advice or suggestions would be gratefully and forever appreciated. We can't tell you how much we just want to be approved and able to continue to set up our lives and put roots down. Thank you so much for your time if you were able to read this it is really appreciated from both of us. 

Share this post


Link to post
Share on other sites
11 minutes ago, Baconsoda said:
Rfie i485 Advice on Response
We only have a couple of weeks left to respond are freaked out!
"1st of August 2018 we received a pink RFIE /RFE from Montana office for i485, i864 affidavit of support, saying we must submit a complete Federal income tax return that was submitted to IRS for most recent tax year. And states if you were not required to file a tax return under us tax law please attach a written explanation of why you are not required to file." Please read below our background and questions.

So if I could please get some advice on a RFIE that was issued to us two months ago.

 

Here is the Background of our situation-  ( #10. Is what was sent to us in RFIE) 

 

1. ) I am USC Born in Colorado wife is a Aus Citizen.

 

2. ) We were married on 19th of Feb 2015

 

3. ) We met and started dating in 2008 in Canada where we both lived.

 

4. ) 2010 we started living together. Submitted bills and other evidence of same address for past 7 years.

 

5. ) We left Canada in 2017 for her to go to school here.

 

6. ) After a while we bought a car and two dogs and decided we should apply for AOS eventually as my wife and I would like to be able to eventually buy a house and settle down.

 

7. ) In January this year we decided to apply for i130, i130a, i485, i864 CO SPONSOR, i864 Petitioner, i693, i131, i765... And I think that was all of the forms.

 

8. ) USCIS received our package ( probably 8 pounds or more in weight ) on Jan 31st 2018

 

9. ) Biometrics was done March 8th I believe

 

10. ) 1st of August 2018 we received a pink RFIE /RFE from Montana office for i485, i864 affidavit of support, saying we must submit a complete Federal income tax return that was submitted to IRS for most recent tax year. And states if you were not required to file a tax return under us tax law please attach a written explanation of why you are not required to file.

 

11. ) I have tried to get proof of no tax return form transcript from IRS but their system to register a transcript request has been down for weeks.

 

12. ) We had a lawyer who we paid to help and submitting a explantation for my no tax filing for last 8 years + was what we thought we should do but lawyer said we didn't as we already have a Joint Sponsor and lived in canada and I didn't make enough money anyway to have to file. But now we can't afford further legal advice from her or anyone else.

 

13. ) I  wasn't employed last 3 years and but sometimes got part time gigs  in canada but it was always under the federal amount required to file.

 

14. ) So I  had not filed any taxes in years because of the lack of work and lack of work opportunities in Canada.

 

15. ) Since applying in January I am now employed and will be filing taxes for next year.

 

 

So here are my questions. If someone could offer advice that would be so helpful to us! 

 

1. ) Would a written explanation as to why I  didn't file taxes last year as being unemployed and living in Canada until august 2017 and not having a job in U.S for rest of 2017.. be sufficient for evidence needed to continue processing our case?

2.) Is any other explanation or documents needed to help get approved and processed?

3.) Being that its 7 months to get RFE and had no other updates until RFE was sent and biometrics processed what could we expect in terms of approval or processing time. A lot of people say it resets the waiting period back to zero ?

 

Any advice or suggestions would be gratefully and forever appreciated. We can't tell you how much we just want to be approved and able to continue to set up our lives and put roots down. Thank you so much for your time if you were able to read this it is really appreciated from both of us. 

I can't say much on all your questions,but one thing I know for sure is that rfe does not reset your process,once submitted,you will gt noa2 within 3 weeks or a month.To be on the safe side concerning your tax problems,i strongly advise you book an appointment at your local uscis go there and meet an agent they will help you in guiding you so that you can meet up with the deadline to submit your rfe.

Share this post


Link to post
Share on other sites
22 minutes ago, Baconsoda said:

1. ) Would a written explanation as to why I  didn't file taxes last year as being unemployed and living in Canada until august 2017 and not having a job in U.S for rest of 2017.. be sufficient for evidence needed to continue processing our case?

2.) Is any other explanation or documents needed to help get approved and processed?

3.) Being that its 7 months to get RFE and had no other updates until RFE was sent and biometrics processed what could we expect in terms of approval or processing time. A lot of people say it resets the waiting period back to zero ?

  1. Yes. I'm assuming you did not include said letter in your initial filing, hence the RFIE. The alternative is to file a return now...should be pretty easy with $0 income.
  2. No.
  3. An RFIE resets the clock in terms of when USCIS sees the case as being outside normal timelines. In practicality, I have not seen any evidence of it actually taking longer than a normal RFE. Usually they adjudicate "soon" after, but nothing is guaranteed.
5 minutes ago, mrniceguy88 said:

I can't say much on all your questions,but one thing I know for sure is that rfe does not reset your process,once submitted,you will gt noa2 within 3 weeks or a month.To be on the safe side concerning your tax problems,i strongly advise you book an appointment at your local uscis go there and meet an agent they will help you in guiding you so that you can meet up with the deadline to submit your rfe.

That timeline is likely, although not guaranteed either. They could even issue another RFE/RFIE.

USCIS staff cannot provide legal advice...only direct you to the forms and processes involved, track your case status, etc.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

you  lived in Canada and made absolutely no money to live on??????

any monies made there required u to file US tax returms and the exempt amount is high

 

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is adjusted annually for inflation ($92,900 for 2011, $95,100 for 2012, $97,600 for 2013, $99,200 for 2014 and $100,800 for 2015). In addition, you can exclude or deduct certain foreign housing amounts.

 

i can see that USCIS not only would expect u to file assuming u have to have an income to live

so not having a tax return will not fly

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×