Request for evidence

[Chris Marta 1]

Hi! 
We got a scary RFE which we even don’t understand .. my husband is an American veteran who obviously by law doesn’t have to pay taxes ... however we got a few points listed by uscis requiring : tax docs for the most recent year , transcripts, form 1040 , letter explain the doesn’t pay taxes and on top of that form I- 864 ( it says he is not qualified ? His income is 51,600 !!! 
we are lost .... what can we do?

[Mike E 11,740]

“obviously by law”

 

huh? What makes you think that? If that were true, every billionaire in the country would have enlisted.  

 

There is no exemption to veterans paying taxes.  
 

They way to address the RFE is to file the income tax returns and include  copies to for  RFE response. 
 

He should also provide evidence that in 2021 his income has exceed the required amount or will exceed the required amount.

 

I know a couple that failed to follow instructions from a similar RFE and their case was denied.  
 

So follow instructions.   

Edited May 24, 2021 by Mike E

[Crazy Cat 41,981]

 

12 minutes ago, Mike E said:

There is no exemption to veterans paying taxes.

 Correct.  I was active duty for more than 20 years.  I pay substantial income taxes.  

[Lemonslice 4,886]

30 minutes ago, Chris Marta said:

Hi! 
We got a scary RFE which we even don’t understand .. my husband is an American veteran who obviously by law doesn’t have to pay taxes ... however we got a few points listed by uscis requiring : tax docs for the most recent year , transcripts, form 1040 , letter explain the doesn’t pay taxes and on top of that form I- 864 ( it says he is not qualified ? His income is 51,600 !!! 
we are lost .... what can we do?

Your husband might not pay taxes, but unless he has a very, very, minimal pension, he has to file and declare his income to the IRS.   If his income is $51K, he probably has to pay some taxes. 

[Illiria 980]

Something is missing here.

 

51 minutes ago, Chris Marta said:

Hi! 
We got a scary RFE which we even don’t understand .. my husband is an American veteran who obviously by law doesn’t have to pay taxes ... however we got a few points listed by uscis requiring : tax docs for the most recent year , transcripts, form 1040 , letter explain the doesn’t pay taxes and on top of that form I- 864 ( it says he is not qualified ? His income is 51,600 !!! 
we are lost .... what can we do?

Where is he getting this income from?

 

Does he have a job?

 

Is he receiving benefits for being disabled? 

[Pinkrlion 2,724]

THere is no one in the US exempt from filing taxes that has income not based on a disability.  An now with stimulus funds, everyone has to file taxes.  

[jskibo 588]

I’ll assume he’s getting a VA Disability pension which is non taxed income   

 

the VA can provide a letter showing the pension income.  Might want to include that.   

[PWB 213]

Lately there has been several people who have reported getting an RFE from USCIS  concerning tax statements and not being above the poverty line, me included.  Seems like someone does not understand that disability income is not taxed and can be omitted from entry on tax forms.   When we applied the I-864  I enclosed my VA award letter that shows disability rating and amount of reward.  I also gave a full accounting of how my income is derived and provided supporting documents.  We received an RFE stating the need for a sponsor and a bunch of other stuff that had already been provided.  We are mailing the REF back today with copies of the original and duplicate copies of what they have requested just so they can't say we did not comply with the RFE.  Something broke in USCIS and no one seems to want to fix it. 

[Chris Marta 1]

3 hours ago, PWB said:

Lately there has been several people who have reported getting an RFE from USCIS  concerning tax statements and not being above the poverty line, me included.  Seems like someone does not understand that disability income is not taxed and can be omitted from entry on tax forms.   When we applied the I-864  I enclosed my VA award letter that shows disability rating and amount of reward.  I also gave a full accounting of how my income is derived and provided supporting documents.  We received an RFE stating the need for a sponsor and a bunch of other stuff that had already been provided.  We are mailing the REF back today with copies of the original and duplicate copies of what they have requested just so they can't say we did not comply with the RFE.  Something broke in USCIS and no one seems to want to fix it. 

We are on the same situation ... he gets his disability income as a disabled veteran . We are waiting on the IRS to mail us the transcripts , 1040 and IRS letter with explanation why he doesn’t pay taxes . One question , can my husband file 864 for himself? My lawyer asked me if could be a different sponsor, unfortunately we do not have any other relative alive over 

[PWB 213]

Please understand that VA disability can range from roughly 10% to 100% and with corresponding rates of monetary awards.  Currently at todays VA Disability rates 100% Disability with a spouse equates to over $3300.00 a month.   So depending on percentage of disability the award amount will be determined.  I see no reason why you can not file your own 864.  Your husband should have a reward letter from the VA, do you know his disability rating?

[Chris Marta 1]

2 hours ago, PWB said:

Please understand that VA disability can range from roughly 10% to 100% and with corresponding rates of monetary awards.  Currently at todays VA Disability rates 100% Disability with a spouse equates to over $3300.00 a month.   So depending on percentage of disability the award amount will be determined.  I see no reason why you can not file your own 864.  Your husband should have a reward letter from the VA, do you know his disability rating?

The va gives him $ 3,334 monthly as disabled vet and social security $ 1,075 retirement monthly too . That’s all he gets every single month . I do not get anything , I can’t work till I get my work permit and SSN  ... so I depend on him for a while . He is sponsoring me! 
aboyt the 864 dunno , the lawyer told me sth different and the uscis doesn’t respond via phone unfortunately. 
We are very stressed out & depressed ! There’s no many people on a similar mess with RFE to request info & advice . 

[PWB 213]

It does appear that he is drawing 100% disability based on the award amount. By my Calculations a family of 2 must show over $1550.00 a month to be over the poverty line.  Unless the family size is larger  you should be in good shape  We just sent our RFE back today and I have done everything I can think of to show USCIS that my income is over 6 times what is required. Just seems like taxes and disability payments have been a recent target of USCIS.  The I 864 is very easy to fill out but I guess it is too hard for them to read.

[Villanelle 4,122]

20 hours ago, Chris Marta said:

We are on the same situation ... he gets his disability income as a disabled veteran . We are waiting on the IRS to mail us the transcripts , 1040 and IRS letter with explanation why he doesn’t pay taxes . One question ,My lawyer asked me if could be a different sponsor, unfortunately we do not have any other relative alive over 

Is this a typo? 

Quote

can my husband file 864 for himself?

I assumed you are the immigrant spouse and your husband is the USC... 

 

Anyway, it sounds like the RFE was correctly sent to you. You stated the RFE asked for

Quote

tax docs for the most recent year , transcripts, form 1040 , letter explain the doesn’t pay taxes and on top of that form I- 864 

So did your husband send an 864 at all??? He need to send one. Not sure how you think he can qualify if you didnt even send the 864? As the primary sponsor your husband needs to fill out the 864. Read the instructions for it carefully and post back if you have any questions. He needs to fill it out showing his current income regardless if it is taxable or not. Further in the form it asks for specific numbers off the tax returns.  You need to enter the numbers its asking for. He also needs to include proof of his income which is the SS award letter/proof of SS payments (you can get a letter like that directly from the SS website instantly) and the award/statement letter from the VA (I dont know the specifics of that sorry) . Your husband can also include a letter explaining his income is non taxable and he needs to send the most recent years tax transcripts (or tax return copy with all supporting documents) optionally he can include the last 3 years of taxes to show stability.