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jeszy

Got an RFE but not sure what they are asking for.

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I just got an RFE about my wife's IRS tax return. Her father is our co-sponsor because she is a university student.

 

On the form i-864 we did not check the not required part for her. 

image.thumb.png.54900f1479b7085c674d1a118d812d3f.png

 

We did not file a written explanation why she does not have a tax transcript. 

 

The text of the RFE was: 

What do you need to do:

If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the
exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful
permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing
Instructions to determine whether you were required to file.

 

So what do i need to file?

i have 3 things in mind:

1. Do i have to redo the form and check that box on hers?

2. Is there any explanation sample i can use to copy?

3. I find out the you can ask for a non-filer transcript also. Should we get that too? Link to the non filer thing.

 

(also since that's all the info they sent i am  not sure of this is the only problem they have- what if something wrong with hes dad's one too)

 

Thanks for your help

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Write an explanation of why she did not need to file taxes. I presume she didn't have any income?  That is all you need to do.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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5 minutes ago, Paul & Mary said:

Write an explanation of why she did not need to file taxes. I presume she didn't have any income?  That is all you need to do.

Yes, she did not file one cuz we is a student. Can i ask if you are sure or its just your personal opinion?

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47 minutes ago, jeszy said:

If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.

Crucial to your success throughout this process is to read carefully, interpret instructions literally, and answer completely & honestly.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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6 minutes ago, TBoneTX said:

Crucial to your success throughout this process is to read carefully, interpret instructions literally, and answer completely & honestly.

Yes this part is obvious (my second question). But the real question is that what is a "evidence of exemption". 

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11 minutes ago, jeszy said:

personal opinion

I'm not allowed to share my professional opinion.  Hardly anyone on here does this for a living.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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1 minute ago, Paul & Mary said:

I'm not allowed to share my professional opinion.  Hardly anyone on here does this for a living.

Don't get me wrong i am really thankful for your help. I just wanna make sure i am doing it right hope you understand it. 😉

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you did not answer the questions on the form, so of course you received an RFE.

 

im not sure why this is surprising?

 

Fill it out, provide an explanation, and submit it.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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