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I-864 "Most recent Tax Return"

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Our second RFIE had no specific bullet points and this is our last chance to get AOS  right.

I  read some odd interpretations of  what tax year  "Most recent Tax Return"  refers to.

It's mid-March  so our  2018  Return (filed about a month ago) is our Most recent Tax Return, right? 

Neither of us filed for 2017 as she was not here and the USC/Spouse income level did not require it.

So I should send another  Written Statement of  not filing in  2017 plus our 2018 1040 Return?

 

The  Income RFIE has us worried because it's merely a boilerplate recitation of the Income requirements and  does not identify what is missing or defective. No bullet points beyond stating  what everyone must submit.

 

We exceed the 125% FPL for 2018 using only  the  USC/Spouse' 2018 income and 5x cash assets  (should be  only 3x for spouse but we document  5x) and; We also  exceed 125% FPL Income level using our  Combined Income although she only began  (W2 work) 2 months ago.  USC  Income is 1099-R so both are indisputable.  I don't know what they want (beyond a sponsor but that's  not possible and should be  unnecessary as we have the assets and  income).  The non-specific RFIE is denying us an opportunity to effectively Reply and   prove our case.  My only option is to  document 5x assets USC income and Combined Income w/no assets. Such a shotgun or  and/or alternative approach will make our Reply confusing and itself likely to justify denial.

 

FWIW: I see the same IO sent both RFIE's.  The first  was spot-on and specific. The second is just Income Boilerplate.

 

What happens when AOS from a K1 is denied? Will they commence removal proceedings?  Employment  Authorization  gets revoked?

We can Stay it?

 

Ned, NYC

 

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2 minutes ago, PRC Rabbit said:

Our second RFIE had no specific bullet points and this is our last chance to get AOS  right.

I  read some odd interpretations of  what tax year  "Most recent Tax Return"  refers to.

It's mid-March  so our  2018  Return (filed about a month ago) is our Most recent Tax Return, right? 

Neither of us filed for 2017 as she was not here and the USC/Spouse income level did not require it.

So I should send another  Written Statement of  not filing in  2017 plus our 2018 1040 Return?

 

The  Income RFIE has us worried because it's merely a boilerplate recitation of the Income requirements and  does not identify what is missing or defective. No bullet points beyond stating  what everyone must submit.

 

We exceed the 125% FPL for 2018 using only  the  USC/Spouse' 2018 income and 5x cash assets  (should be  only 3x for spouse but we document  5x) and; We also  exceed 125% FPL Income level using our  Combined Income although she only began  (W2 work) 2 months ago.  USC  Income is 1099-R so both are indisputable.  I don't know what they want (beyond a sponsor but that's  not possible and should be  unnecessary as we have the assets and  income).  The non-specific RFIE is denying us an opportunity to effectively Reply and   prove our case.  My only option is to  document 5x assets USC income and Combined Income w/no assets. Such a shotgun or  and/or alternative approach will make our Reply confusing and itself likely to justify denial.

 

FWIW: I see the same IO sent both RFIE's.  The first  was spot-on and specific. The second is just Income Boilerplate.

 

What happens when AOS from a K1 is denied? Will they commence removal proceedings?  Employment  Authorization  gets revoked?

We can Stay it?

 

Ned, NYC

 

Did you make an Infopass appointment yet?

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Posted (edited)
30 minutes ago, PRC Rabbit said:

Our second RFIE had no specific bullet points and this is our last chance to get AOS  right.

I  read some odd interpretations of  what tax year  "Most recent Tax Return"  refers to.

It's mid-March  so our  2018  Return (filed about a month ago) is our Most recent Tax Return, right? 

Neither of us filed for 2017 as she was not here and the USC/Spouse income level did not require it.

So I should send another  Written Statement of  not filing in  2017 plus our 2018 1040 Return?

 

The  Income RFIE has us worried because it's merely a boilerplate recitation of the Income requirements and  does not identify what is missing or defective. No bullet points beyond stating  what everyone must submit.

 

We exceed the 125% FPL for 2018 using only  the  USC/Spouse' 2018 income and 5x cash assets  (should be  only 3x for spouse but we document  5x) and; We also  exceed 125% FPL Income level using our  Combined Income although she only began  (W2 work) 2 months ago.  USC  Income is 1099-R so both are indisputable.  I don't know what they want (beyond a sponsor but that's  not possible and should be  unnecessary as we have the assets and  income).  The non-specific RFIE is denying us an opportunity to effectively Reply and   prove our case.  My only option is to  document 5x assets USC income and Combined Income w/no assets. Such a shotgun or  and/or alternative approach will make our Reply confusing and itself likely to justify denial.

 

FWIW: I see the same IO sent both RFIE's.  The first  was spot-on and specific. The second is just Income Boilerplate.

 

What happens when AOS from a K1 is denied? Will they commence removal proceedings?  Employment  Authorization  gets revoked?

We can Stay it?

 

Ned, NYC

 

Here is the answer to your TAX question:

 

Right - Most recent Tax Return - Wage earn from January 1st, 2018 to December 31st, 2018.

If you didn't require to file 2017 tax return: Did you check BOX on your I-864 Part 6 Item 25? And provide evidence to support your claim.

 

 

 

 

 

Edited by samuelam

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Just because you don't make enough money to file, you can still file. Please see the reasons for doing this in the article I am pasting below. Note that obviously they didn't include so you can not have an issue with immigration, but there are many other reasons to file a zero income tax return.

 

However, it's perfectly legal to file a tax return showing zero income, and this might be a good idea for a number of reasons. Before you decide to skip your return this year, consider whether it might be worthwhile to file.

Income requirements

Even if you earned income last year, if it falls below the IRS minimum you don't have to file a tax return. The minimum varies according to your age and filing status—whether you are single, head of household, filing jointly with your spouse or you can be claimed as a dependent on someone else's taxes.

The IRS also adjusts the minimum amount of earned income from year to year for inflation. Individuals who fall below the minimum may still have to file a tax return under certain circumstances; for instance, if you had $400 in self-employment earnings, you'll have to file and pay self-employment tax.

If you have no income, however, you aren't obligated to file.

Credits may earn you a tax refund

The IRS offers a number of tax credits that you can take directly off your taxes rather than your income. If the credit is more than you owe in taxes, in some cases, you can claim the excess credit as a refund.

The IRS lists the "additional child tax credit" and the "earned income tax credit" as examples; if you qualify for these credits, you can receive a refund even if you paid no taxes. To claim the credits, you have to file your 1040 and other tax forms.

File now, deduct later

The IRS limits how much you can claim with various deductions and credits. For example, you can't claim a home office deduction so large that it would put your business into the red; instead, you claim zero business income for the year, and carry any leftover deduction into the next year.

Smart Money writer Bill Bischoff advises that if you have deductions or credits carrying over, you can't claim them if you have no income, but you need to file your taxes to claim them in a future year when you do have income

Protect yourself from future audits

The IRS operates under a statute of limitations when it comes to auditing old tax returns.

If you've reported your information accurately, in most cases they can only go back three years. However, the clock only starts for a given year when you actually file your tax return.

If you don't file, the IRS can always come back and audit you. For this reason, the IRS recommends that even if you don't file, you still keep any relevant financial records indefinitely.

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Posted (edited)

Hi  and thank you all for your Replies.

I needed time off  to  gain a new perspective.

My  RFE Reply due on or before April 12.

 

 K1 Hopeful Superman, 

Making an Info Pass appointment in NYC is  hopeless.

(I tried before NOA2: Midnight appointment checking / Service that alerts  of an opening).

 

However, as AOS is determined by USCIS, would  it  be appropriate to  contact my local Congressman's office as we did for NOA2?

To that end I'd need a second opinion about my reading of  the last RFE  (copy attached). It's missing the important part,  right?

The part that states  what I need to do or submit?

With enough specific information to effect reasonable Notice and opportunity to reply?

I'm trying not to turn lawyer,  but the attached RFIE, seems deficient so I'm 'grasping at straws' to just understand it. 

 

Anyway, 

 Our 3rd I-864 will show both 5x cash assets >125% FPL,  and; Combined household income > 125% FPL.

As both formulas result in a  positive value (there is no difference to 5x by)  I'll use only USC/Sponsor's 1099-R income?

That's where my papers  get  nutty and  deviate from the form/instructions.

The RFIE states nothing specific that I can address with certainty.  

 

Only reasonable yet positive explanation I can predict is that  USCIS  recognizes that we have sufficient income/assets but  there's a format or time issue they want addressed.

Our income and assets are beyond question (W2/1099-R) no cash business or non-cash assets.

Woe is me. 

ned

Non-specific RFIE.pdf

Edited by PRC Rabbit

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