I-864 - Confusion on RFE for Tax Records

[AlbertVII 1]

Hey there,

 

I apologize if this topic was answered anywhere else or several times in this forum or others - I have been searching and can't find a direct answer to my question

 

My wife recently submitted her AoS forms along with the I-864 that I completed (as I'll be sponsoring her) - interestingly enough - we got notification that it was received on 5/12, the fees have all been paid for and we got our 797-C NOA1 form on 5/18. As of 5/21 we already got an RFE letter back that was pointing directly to my I-864 documentation stating:

• The petitioning sponsor, (My name), 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 submit a transcript, it must be a "Tax Return Transcript" from the IRS.
• (Then another bullet point saying if I was not required to file a Federal Income Tax return, attach written explanation, etc. etc - this one isn't relevant to me as I was able to file mine).

We made copies of what we submitted - and I confirmed that I sent my Tax Transcripts for the three recent tax years including the most recent for 2019. I also had transcripts for 2018 and 2017. However these were all printouts from the IRS website when you go to obtain your tax transcripts online. I went with this route as it had all tax information needed plus a transcript that has information that came FROM the IRS should give clear indication that my 2019 information was already filed with the IRS. The instructions mentioned to either submit transcripts OR the return - so I was careful not to include W-2 information or anything else related to tax returns. Just transcripts.

 

We were pretty meticulous through all of our documentation, we even had a cover letter that listed the contents of what was included with each form, that had a bullet point that informed them of my IRS tax transcripts for the 3 recent years. And we also applied labels within our evidence sheets to help spell out exactly what they're looking at.

 

This is my first RFE - the ask is a bit confusing as I believe I have what they asked for already... but I'm a little nervous that they will deny if I push resending transcripts to them - was the mistake that I provided Transcripts and not the tax return? Or do they want a different kind of tax transcript that you have to request from the IRS via mail in form? (There was mention of using form 4506 to get transcripts, but no mention that transcript printouts that came from the IRS website were not accepted)

 

I am able to send in the requested tax return information if I just need to send in the returns.. just curious where this might have gone wrong.

 

[MariaR323 199]

Did you double check that the transcripts you sent were the specific type of transcripts they requested? There are more than 1 type of transcript... for ex. there's what's called a Tax Return Transcript and a Tax Account Transcript.

 

If you did send the exact one they ask for, one other thing I can think of is... was it an unmasked version? Unmasked just means the information wasn't redacted (which they do for identity protection purposes sometimes).

[Ayrton 965]

32 minutes ago, AlbertVII said:

Hey there,

 

I apologize if this topic was answered anywhere else or several times in this forum or others - I have been searching and can't find a direct answer to my question

 

My wife recently submitted her AoS forms along with the I-864 that I completed (as I'll be sponsoring her) - interestingly enough - we got notification that it was received on 5/12, the fees have all been paid for and we got our 797-C NOA1 form on 5/18. As of 5/21 we already got an RFE letter back that was pointing directly to my I-864 documentation stating:

• The petitioning sponsor, (My name), 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 submit a transcript, it must be a "Tax Return Transcript" from the IRS.
• (Then another bullet point saying if I was not required to file a Federal Income Tax return, attach written explanation, etc. etc - this one isn't relevant to me as I was able to file mine).

We made copies of what we submitted - and I confirmed that I sent my Tax Transcripts for the three recent tax years including the most recent for 2019. I also had transcripts for 2018 and 2017. However these were all printouts from the IRS website when you go to obtain your tax transcripts online. I went with this route as it had all tax information needed plus a transcript that has information that came FROM the IRS should give clear indication that my 2019 information was already filed with the IRS. The instructions mentioned to either submit transcripts OR the return - so I was careful not to include W-2 information or anything else related to tax returns. Just transcripts.

 

We were pretty meticulous through all of our documentation, we even had a cover letter that listed the contents of what was included with each form, that had a bullet point that informed them of my IRS tax transcripts for the 3 recent years. And we also applied labels within our evidence sheets to help spell out exactly what they're looking at.

 

This is my first RFE - the ask is a bit confusing as I believe I have what they asked for already... but I'm a little nervous that they will deny if I push resending transcripts to them - was the mistake that I provided Transcripts and not the tax return? Or do they want a different kind of tax transcript that you have to request from the IRS via mail in form? (There was mention of using form 4506 to get transcripts, but no mention that transcript printouts that came from the IRS website were not accepted)

 

I am able to send in the requested tax return information if I just need to send in the returns.. just curious where this might have gone wrong.

 

Print out from the website is fine. That's what everyone uses and they accept it.

 

1. If you are above the threshold, there was no reason to send 3 years of tax transcripts. Only the latest is required.

2. Make sure you sent Tax Return Transcript and not Tax Account Transcript.

3. You're right. You send either the tax transcript or the 1040+W2+schedules. If you sent the transcript and a 1040, that's why you got the RFE.

4. USCIS also makes mistakes. They might have lost (not scanned) the transcript. 

Edited May 22, 2020 by Ayrton

[AlbertVII 1]

Hi MariaR323  thanks for reaching out - to answer your questions: 

 

Quote

Did you double check that the transcripts you sent were the specific type of transcripts they requested? There are more than 1 type of transcript... for ex. there's what's called a Tax Return Transcript and a Tax Account Transcript.

They were definitely return transcripts - when you go to the IRS site to request the transcripts they give you a drop down asking what its' for and Immigration is one of the options you can choose, when you select that the website points you over to Tax Return Transcripts - fortunately I think that process makes it hard to accidentally mess up that part.

 

Quote

If you did send the exact one they ask for, one other thing I can think of is... was it an unmasked version?

For the masked/unmasked deal they definitely were redacted. I didn't see any option to have them unmasked online. 

[MariaR323 199]

9 minutes ago, AlbertVII said:

Hi MariaR323  thanks for reaching out - to answer your questions: 

 

They were definitely return transcripts - when you go to the IRS site to request the transcripts they give you a drop down asking what its' for and Immigration is one of the options you can choose, when you select that the website points you over to Tax Return Transcripts - fortunately I think that process makes it hard to accidentally mess up that part.

 

For the masked/unmasked deal they definitely were redacted. I didn't see any option to have them unmasked online. 

It could be either the masked situation or, as Ayrton commented above, maybe they lost/didn't scan the transcripts into your file. Heck, it could be they are indeed scanned in your file and maybe the officer just overlooked it or accidentally ticked off the RFE for it.

 

You could either just resend the transcripts as is or maybe try and get thru to IRS to send you an unmasked version.

[AlbertVII 1]

1 minute ago, Ayrton said:

Print out from the website is fine. That's what everyone uses and they accept it.

 

1. If you are above the threshold, there was no reason to send 3 years of tax transcripts. Only the latest is required.

2. Make sure you sent Tax Return Transcript and not Tax Account Transcript.

3. You're right. You send either the tax transcript or the 1040+W2+schedules. If you sent the transcript and a 1040, that's why you got the RFE.

4. USCIS also makes mistakes. They might have lost (not scanned) the transcript. 

Hey Ayrton,

 

Appreciate the feedback.

 

For what you mentioned in #1 - I am over the threshold - my thought process here was thinking that providing more information showing stable income could help chances instead of hurting it. But definitely noted. As this RFE is asking for recent tax year - I can give them the recent one instead of providing the last 3.

For #2 - Yep - it was definitely a tax return transcript and not a tax account transcript.

For #3 - Confirmed in my documents that no other return information like the 1040 or W-2s were included in the final packet sent to them. Should have been only the transcripts.

and for #4 - I considered that - feels weird to give them all the information you think they need including the tax transcripts only to get an RFE asking for the thing you already sent them lol.

[AlbertVII 1]

14 minutes ago, MariaR323 said:

It could be either the masked situation or, as Ayrton commented above, maybe they lost/didn't scan the transcripts into your file. Heck, it could be they are indeed scanned in your file and maybe the officer just overlooked it or accidentally ticked off the RFE for it.

 

You could either just resend the transcripts as is or maybe try and get thru to IRS to send you an unmasked version.

Out of curiosity - if I resend them the same information and it's not what they want - will they move forward with a decision or will they push back another time asking for more details? The deadline for this is Aug 10 2020 so there's some time between now and then.

 

My fear is that I don't give them what they want this time around and they just move forward and reject the application.

[Ayrton 965]

31 minutes ago, MariaR323 said:

It could be either the masked situation or, as Ayrton commented above, maybe they lost/didn't scan the transcripts into your file. Heck, it could be they are indeed scanned in your file and maybe the officer just overlooked it or accidentally ticked off the RFE for it.

 

You could either just resend the transcripts as is or maybe try and get thru to IRS to send you an unmasked version.

My husband's transcript was also masked. That's how they do it now. I'm pretty sure that was not the case.

 

11 minutes ago, AlbertVII said:

Out of curiosity - if I resend them the same information and it's not what they want - will they move forward with a decision or will they push back another time asking for more details? The deadline for this is Aug 10 2020 so there's some time between now and then.

 

My fear is that I don't give them what they want this time around and they just move forward and reject the application.

If you don't send what they want, they will most likely deny the case. Just send they want. Read the RFE carefully, they might have sent a generic letter, and there might be another mistake.

Edited May 22, 2020 by Ayrton

[MariaR323 199]

I don't think the USCIS instructions even mention anything regarding masked/unmasked version of transcripts. That is an IRS [somewhat] recent "improvement" as to their Get Transcript feature. Sooo... at this point, I think it's more of a guessing game.

 

Definitely re-read the RFE over and over again just to make sure and compare to the copy you kept of your filing. Maybe post a picture of your RFE (redacting personal info of course) and maybe we can spot something. Other than that, you'd just have to make a decision. If it helps... If I were in your position, I would probably get an unmasked version and just resend.

 

[Wuozopo 4,285]

@AlbertVII

Out of curiosity, was the current income you reported on Part 6, #7 supported by the 2019 tax return Line 7b? I mean you didn’t claim an income higher than Line 7b without backing it up with additional proof? Just wondering if something like that would make them send out that generic RFE that might have an underlying reason. 

[AlbertVII 1]

11 minutes ago, Wuozopo said:

@AlbertVII

Out of curiosity, was the current income you reported on Part 6, #7 supported by the 2019 tax return Line 7b? I mean you didn’t claim an income higher than Line 7b without backing it up with additional proof? Just wondering if something like that would make them send out that generic RFE that might have an underlying reason. 

Interesting observation -

 

So I get paid a salary for my job and for Part 6 #7 I wrote down what my employer says I make annually. However my tax return transcript does show a difference and I’m about 682 dollars short of what the expected yearly amount should be.

 

So (for example purposes - this isn’t my actual salary) - if I made 30,000 a year, then Part 6, #7 I wrote 30,000 but on my tax return it would’ve been 29,318 for Line 7b.

 

What I mentioned above in my initial post was the only two things mentioned in the RFE. There was no mention of a discrepancy between what was written in Part 6 #7 and what was on the return, but it could be possible that was the culprit as those two values contradict. Hmm.

[Wuozopo 4,285]

49 minutes ago, AlbertVII said:

What I mentioned above in my initial post was the only two things mentioned in the RFE. There was no mention of a discrepancy between what was written in Part 6 #7 and what was on the return, but it could be possible that was the culprit as those two values contradict. Hmm.

I was thinking they see $30k claimed income and the tax return does not prove that. So they punch the “tax return RFE button“ which generates a letter meaning you didn’t document your income. But it is such a one-size-fits-all letter that you have no clue what they want. 

Perhaps you should submit an employer letter stating your job and annual salary of $30,000 along with whatever you decide about transcripts.  

[Villanelle 4,121]

3 hours ago, AlbertVII said:

Interesting observation -

 

So I get paid a salary for my job and for Part 6 #7 I wrote down what my employer says I make annually. However my tax return transcript does show a difference and I’m about 682 dollars short of what the expected yearly amount should be.

 

So (for example purposes - this isn’t my actual salary) - if I made 30,000 a year, then Part 6, #7 I wrote 30,000 but on my tax return it would’ve been 29,318 for Line 7b.

 

What I mentioned above in my initial post was the only two things mentioned in the RFE. There was no mention of a discrepancy between what was written in Part 6 #7 and what was on the return, but it could be possible that was the culprit as those two values contradict. Hmm.

What matters is what you filled out on the 864 Part 6 #24 abc. Those numbers need to match exactly what was on your tax return. If they didnt then yes they will RFE for a tax return that shows the numbers you listed.

 

What did you send to prove current income? 

[Rocio0010 5,562]

Hi there! When we sent our application back in October we sent the tax ACCOUNT transcripts, so we got a RFE. But I read that you sent the tax return transcripts so that's not the issue. 

I think the RFE they sent you might be a generic letter that they have when they see that the info on the tax return doesn't match what you wrote as your annual income. Even though it's really not much money, if you are $600 below the poverty line then you should either include assets or have a joibt sponsor.

[Sandyl 128]

Hi there! 

I also got an RFE for the Tax papers on my husbands I864. Mine was pretty easy to respond to because they asked for the W2 of the previous tax year and the 1040. I send a copy of the whole package he received from the IRS while filing for taxes. 

They did state this; 
1. Submit all supporting tax documentation (W-2s, 1099s, form 2555, and all supporting tax schedules) submitted to the IRS for most recent tax year. The petitioning sponsor must submit all supporting tax documentation for the most recent tax year. We sent the W-2 since its the only thing he has, we never owned a house or he has never worked abroad.
2. The petitioning sponsor on Form I-864 Affidavit of Support must submit a complete Federal income tax return submitted to the IRS for most recent tax year. If you submit a transcript, it must be a Tax Return Transcript from the IRS. 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 ""filling requirements"" in the IRS form 1040. We added the 1040 and all the forms attached.

 

My husband makes way over the 125% but we added the same forms to the package as I had with me on the K1 interview for the past 3 years. I think those were the transcript. I already sent it back after a few days of receiving the RFE.

 

I hope y'all will make It work as well with the forms!