Complex RFE issue need sound advice (not related to previous post)

[nullaccount234 882]

I mean, what did you write in the I-864 with regards to sponsor's income? When is your interview?

 

I'd provide them with what they ask for (2018 return) and see if sponsor can amend his 2016 return. If interview is coming up soon, this may not work, amending takes some time.

Edited March 22, 2019 by LizM

[aaron2020 11,651]

4 minutes ago, Ann&James said:

Always provide exactly what your RFE ask for. They only ask for 2018 return from co-sponsor.

That's not enough.

There is another requirement:  FILE 2016 TAX RETURN OR HAVE A VALID EXCUSE NOT TO FILE.  

[aaron2020 11,651]

2 minutes ago, LizM said:

I mean, what did you write in the I-864 with regards to sponsor's income? When is your interview?

 

I'd provide them with what they ask for (2018 return) and see if sponsor can amend his 2016 return. If interview is coming up soon, this may not work, amending takes some time.

It's not amending.  To amend a 2016 tax return, he would have to file one already.  He didn't, so there is nothing to amend.

 

This is a late tax return if he files.  

[nullaccount234 882]

1 minute ago, aaron2020 said:

It's not amending.  To amend a 2016 tax return, he would have to file one already.  He didn't, so there is nothing to amend.

 

This is a late tax return if he files.  

Gotcha, thanks for the correction! 

[ourjourney_pc 118]

37 minutes ago, aaron2020 said:

Don't matter if he is due a refund for 2016.  The failure to file a 2016 tax return and no valid excuse means he does not meet the requirements of the Affidavit of Support.   

 

SInce he has W2s for 2016 and didn't file, then you are SOL.  Get a co-sponsor that qualifies.  

Really? 

[aaron2020 11,651]

Just now, ourjourney_pc said:

Really? 

Yes, really.

[ourjourney_pc 118]

4 minutes ago, aaron2020 said:

Yes, really.

I mean what if he file now for 2016..does he qualify already then? 

[K1visaHopeful 2,663]

2 minutes ago, ourjourney_pc said:

I mean what if he file now for 2016..does he qualify already then? 

If he files now, yes he can be her joint sponsor. 

Surely he has a reason why he didnt though and filing this late could be expensive with interest owed.

[aaron2020 11,651]

4 minutes ago, ourjourney_pc said:

I mean what if he file now for 2016..does he qualify already then? 

Yes.  He can then honestly answer the question about having file 3 years of tax returns.   

Right now, he can't say yes that he filed 3 years of tax return or have a valid excuse not to file.  

 

 

[ourjourney_pc 118]

1 minute ago, K1visaHopeful said:

If he files now, yes he can be her joint sponsor. 

Surely he has a reason why he didnt though and filing this late could be expensive with interest owed.

Let say he or she file, do they still need to provide letter of explaining why late filing of tax? 

[aaron2020 11,651]

Just now, ourjourney_pc said:

Let say he or she file, do they still need to provide letter of explaining why late filing of tax? 

No.

[ourjourney_pc 118]

Just now, aaron2020 said:

Yes.  He can then honestly answer the question about having file 3 years of tax returns.   

Right now, he can't say yes that he filed 3 years of tax return or have a valid excuse not to file.  

 

 

Alright thank you, my fiance file his tax returns for 2016 and 2017 only recently... And he actually have refund.. 

His reason was, he thought he didn't make enough to file, because he moved a lot for the last 2 yrs, but fortunately, he's still over poverty level.. 

 

 

Sorry for highjacking the thread, its related anyway.. 

[Curt&Ro 18]

Hi @Meggan P if you could share the exact letter maybe I can help I received letter too about the affidavit of support few weeks ago after responding them 8 days my status has changed to Ready to schedule for interview. Maybe I can help.😀

[Curt&Ro 18]

Oops I'm sorry Iate seeing your last note😀

[CJlove 147]

I had a co-sponsor for my i130. She was my best friend. I submitted her past (one year) tax transcript + tax return + pay stubs for 6 months + bank statement + her naturalization certificate + retirement savings + affidavit. I submitted these on 2018 for her 2017 documents and all worked out fine. Good luck to you!