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REQUEST FOR INITIAL EVIDENCE (I-485)

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Hello everybody! I wanted to hear some thoughts and advice about my situation.

 

I received a RFE in the mail today for my wife's I-485. It states:

 

"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 tax year. If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why you are not required to file. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

 

For the I-864, I (the sponsor) submitted my latest IRS Tax Return Transcript and my latest IRS Tax Account Transcript, along with my latest W-2. I did not submit my latest 1040 because I thought both of my latest IRS Transcripts would suffice. Was I supposed to send my latest 1040 along with my Tax Transcripts and my W-2? 

 

The instructions for the I-864 states:

 

"For ALL sponsors: 

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file."

 

Wouldn't my aforementioned Tax Transcripts and my W-2 suffice? Before I sent the Adjustment of Status package out, I had triple checked to make sure everything was included. I have a copy of the entire package with me for my own records and I clearly see i sent both tax transcripts along with a W-2.

 

What do you guys reckon? What should I send them to fix this RFE?

 

Any advice or input will be greatly appreciated. Sincere regards to all.

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8 minutes ago, visaquestions123 said:

 

Wouldn't my aforementioned Tax Transcripts and my W-2 suffice?

Yes but that doesnt mean that they feel that the financial evidence you provided is enough. Ie they may be requesting more current info (employment letter and paystubs etc) and I wouldnt offer any further advice without seeing your entire RFE letter first.

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13 minutes ago, K1visaHopeful said:

Yes but that doesnt mean that they feel that the financial evidence you provided is enough. Ie they may be requesting more current info (employment letter and paystubs etc) and I wouldnt offer any further advice without seeing your entire RFE letter first.

I sent an employment letter and paystubs for the latest 6 months. I think my financial evidence is more than sufficient but somehow, they might have just overlooked my IRS transcripts I sent. Should I resend everything I initially sent and also include a 1040? I thought the tax transcripts sufficed.

Edited by visaquestions123

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14 minutes ago, visaquestions123 said:

What should I send them to fix this RFE?

I'll defer to more knowledgeable users as to whether just re-submit the tax transcript with W-2s or submit something more. I'll just share my RFIE experience; my RFIE was asking for stuff I had already submitted, so I just re-submitted what I already sent (USCIS sometimes misplaces things).


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2 minutes ago, visaquestions123 said:

Nov 24, Doc 1.pdfNov 24, Doc 1.pdf

I sent an employment letter and paystubs for the latest 6 months. I think my financial evidence is more than sufficient but somehow, they might have just overlooked my IRS transcripts I sent. Should I resend everything I initially sent and also include a 1040? I thought the tax transcripts sufficed.

 

Here is a copy of my RFE.

Okay that seems very minimal. I would agree in this case that they probably just lost it. I would agree with you though and do submit what you sent already plus the 1040's and all supplemental schedules (just to be safe) even though what you have submitted should have been enough.

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31 minutes ago, visaquestions123 said:

Hello everybody! I wanted to hear some thoughts and advice about my situation.

 

I received a RFE in the mail today for my wife's I-485. It states:

 

"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 tax year. If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why you are not required to file. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

 

For the I-864, I (the sponsor) submitted my latest IRS Tax Return Transcript and my latest IRS Tax Account Transcript, along with my latest W-2. I did not submit my latest 1040 because I thought both of my latest IRS Transcripts would suffice. Was I supposed to send my latest 1040 along with my Tax Transcripts and my W-2? 

 

The instructions for the I-864 states:

 

"For ALL sponsors: 

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file."

 

Wouldn't my aforementioned Tax Transcripts and my W-2 suffice? Before I sent the Adjustment of Status package out, I had triple checked to make sure everything was included. I have a copy of the entire package with me for my own records and I clearly see i sent both tax transcripts along with a W-2.

 

What do you guys reckon? What should I send them to fix this RFE?

 

Any advice or input will be greatly appreciated. Sincere regards to all.

Is it your 2017 tax transcript?


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3 minutes ago, Pinkrlion said:

Is it your 2017 tax transcript?

I submitted my 2017 tax transcript and my 2017 account transcript along with my 2017 W-2. I supplemented with an employment letter, my latest 6 months of pay stubs and latest 6 months of bank statements. The only thing I did not include was my 2017 1040 but, I didn't think it would have been necessary due to me sending official tax transcripts from the IRS. Surely, I don't believe the 1040 was the problem but rather, the USCIS unfortunately clumsily misplaced or overlooked my tax transcripts. 

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4 minutes ago, visaquestions123 said:

I submitted my 2017 tax transcript and my 2017 account transcript along with my 2017 W-2. I supplemented with an employment letter, my latest 6 months of pay stubs and latest 6 months of bank statements. The only thing I did not include was my 2017 1040 but, I didn't think it would have been necessary due to me sending official tax transcripts from the IRS. Surely, I don't believe the 1040 was the problem but rather, the USCIS unfortunately clumsily misplaced or overlooked my tax transcripts. 

Honestly, I would send the 1040 and all schedules and W2s.....just to give them exactly what they asked for......just my opinion.....although I am not sure they didn't accept the transcript.


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Just now, missileman said:

Honestly, I would send the 1040 and all schedules and W2s.....just to give them exactly what they asked for......just my opinion.....although I am not sure they didn't accept the transcript.

Yeah, that is the best thing to do. Where can I obtain a 1040 copy for myself? When I go to the iRS website to search for how to obtain a 1040, it sends me to the transcript tool. 

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2 minutes ago, visaquestions123 said:

Yeah, that is the best thing to do. Where can I obtain a 1040 copy for myself? When I go to the iRS website to search for how to obtain a 1040, it sends me to the transcript tool. 

The IRS doesn't store copies of your tax returns.  Those would come from the taxpayer and/or software used to prepare the return.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
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10 minutes ago, visaquestions123 said:

the USCIS unfortunately clumsily misplaced or overlooked my tax transcripts. 

Yup, that's probably what happened. Unfortunately expect a delay on the EAD/AP combo card. This is what USCIS responded (in May) to my Senator's office when I submitted a Congressional Inquiry on the I-765 processing time:

Quote

Thank you for your inquiry regarding this constituent’s immigration matter. This case is currently within our normal processing times. Our records indicate that we received a response to a request for evidence for the underlying I-485 application on 01/17/2018. Pursuant to 8 CFR § 103.2(b)(10), if USCIS issues a request for initial evidence on either the Form I-765 application or the principal Form I-485 application, the processing timeframes start over from the date of receipt of the initial evidence.


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7 minutes ago, missileman said:

The IRS doesn't store copies of your tax returns.  Those would come from the taxpayer and/or software used to prepare the return.

I will contact H&R Block to obtain my latest 1040. Thank you for your input!

 

On a side note:

 

My wife's biometrics is next Thursday in Philadelphia. Does this RFE affect that appointment? Should we reschedule it or?

Edited by visaquestions123

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4 minutes ago, visaquestions123 said:

My wife's biometrics is next Thursday in Philadelphia. Does this RFE affect that appointment? Should we reschedule it or?

She should go to the appointment.


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7 minutes ago, visaquestions123 said:

I will contact H&R Block to obtain my latest 1040. Thank you for your input!

 

On a side note:

 

My wife's biometrics is next Thursday in Philadelphia. Does this RFE affect that appointment? Should we reschedule it or?

No effect that I can think of.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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