BnT

So your mother is co-sponsoring your husband's AOS? If so, they may be asking for her most recent tax returns as well.

Yes...I decided that it was better to have her co-sponsor since I don't have more than one year of decent income to show in the last 4 years. And true, they might want hers, too. I just don't think it's fair/right/okay that they ask for 2012 when we filed AOS before the deadline for 2012's taxes...but who said any of this was fair...!!! So now my mom better get herself in gear as well!!

Good point, you can always file a short form for low income years. I would see a tax professional, better than having continued issues with USCIS.

True...the only reason I didn't file last year was b/c I had earned so little and an accountant friend checked everything out and said it wasn't necessary (silly me, forgetting about the paperwork that was in processing at the time! )

Anyway...thanks all for your advice! I think I am going to re-write my statement on why I didn't file and send 2012 returns for myself and co-sponsor.

It could just be they looked at the I-864 and decided they lacked sufficient evidence to support the income as shown on the affidavit. The 2012 return would go a long way toward alleviating that concern.

True but I have my mom as a co-sponsor and she makes much more than enough...so at the interview back at the consulate, the lady didn't even look at my stuff regarding money....I know: whole different ball game now!

BTW: The RFE shouldn't effect his EAD (I-765). That should be adjudicated separately.

That's what I thought...but the letter says that his I-765 will be adjudicated within 90 days following receipt of the proper documentation!!! Ugh.

Why is filing a return a lot of work? You said your earnings were around $4,000. It sounds like there's hardly anything to put on the return - and no tax to calculate since your taxable income should be zero. I'm sure you can find the form online fill in the couple of numbers and print it out. Sign it, make a copy for yourself and for USCIS, and mail the original to the IRS. It's probably just as fast or faster than writing a new explanation of why you don't have to file. The only concern is if you were self-employed, your net self-employment earnings would be subject to self-employment (social security/medicare) taxes, even if for income taxes your taxable income was $0.00. But otherwise filing seems no big deal, gives you something to give USCIS and gets the statute of limitations running as far as ever being audited (not that you ever would be). The IRS generally has three years to audit a return. If you never file, they can theoretically audit you anytime indefinitely. But that's just an aside.

Well, I guess that the form itself isn't a whole lot of work other than figuring out how to change the currency based on what rates were at the time I earned the money...but I have been reading on here that unless I take the completed form to a local IRS office and get them to time-stamp it, then I have to wait for the return to be processed and get a transcript sent (which would take longer than I have to respond to the RFE)......so the running around part is the time-consuming part aside from the changes in currency. So I guess I am wondering if I really have to have a time-stamped copy of the form if I do just fill it out now to send in....if not, no big deal.

well, did you send in a copy of 2009 transcript? For your 864 the current year is 2012, the last 3 yrs are 2011 2010 2009. The RFE is for your last years returns (or proof you were not required to file). I noticed your answer was incredibly detailed about your proof of not filing but lacked anything about if you sent 2009s transcripts. That may be what theyre looking for. Years means all the years- 2009-2012.

You can also go to the IRS website and print a detailed statement saying you were not required to file based on a set of questions you can print out and attach as proof.

http://apps.irs.gov/app/ita/app/investigate.action?screenId=s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&ts=1360723693695&ita=Who_Must_File&factId=Who_Must_File&entity=global&screenEntityInstanceName=global&itascreenid=Do+I+Need+to+File+a+Tax+Return%3F-s2%40TLC_WhoMustFile_Development_Screens_WMFLanding_xint&screenEntity=global&entityInstanceName=global

Well, the letter I got says "for the most recent tax year." Period. No plurals involved....

Hey VJ family!

Just a rather random question for all of you since I am trying to save time so that my husband can get his EAD ASAP! He's going crazy on me since he is in the house all day everyday!

So, I lived in Honduras for 3 years--until we came to the US together in October '12. I filed taxes for 2009, didn't earn anything in 2010 so didn't file, earned way below the limit for filing for 2011 (earned like $4,000 while working in Honduras) and didn't realize that I should have filed just to have the record for this AOS paperwork........so when I sent in the AOS stuff last month, I did what is suggested here on VJ and also what the USCIS tells you to do: I sent a letter explaining why I was not required to file under US tax law and attached copies of the IRS pages listing the filing limits, etc and also attached copies of the pay stubs that I was able to locate (showing that my monthly income would add up to much less than the filing limit). STILL got an RFE last week asking for my most recent year's tax returns.........so on that page it yet again says that if I wasn't required to file, to attach a letter and evidence and send the RFE letter back in.

So my question is: now what?! I can go back and file for 2011 but it's a lot of work for no reason. Or I can rewrite the letter and make it more clear and add even more evidence of why I didn't file?

I am planning on filing for 2012 this week anyway, so I can send that along with whatever I do for the 2011 issue.

Does anyone have any experience in this sort of issue? Any advice? Thanks in advance!

I sent just a copy of ds 3025

Mine says all requirements met. If I get an rfe it won't bother me that much since we are not separated by the ocean anymore.

I didn't feel like calling the doctor and going there at that point so I just sent it out like that.

That is exactly what I decided to do! No sense in spending the time and money if it's not necessary.

I wonder how old that information is because all the other threads on VJ along with a checklist we're following from Nich-Nick, you don't have to send in the I-693 if the DS-3025 was completed and recorded during the pre-interview medical exam.

Exactly...I am so lost now. Haha.

did you get a civil surgeon to transcribe from the ds2035 or you just send it the copy of the ds2035 that you got at your medical with your AOS paperwork?

I just spent hours researching this same topic!!! Ahh!!! I finally decided that he did get all of the required vaccines aside from a flu shot (which we both got at Walgreen's a couple of weeks ago anyway)....so I thought that we were set to just send in the copy of the ds2035 BUT THEN I found this: http://www.visajourney.com/content/k1aos And it says that you have to take the ds2035 and the first page of the 693 to a civil surgeon anyway!!!! I am sooooooooo confused. WHY do I need to go to another civil surgeon just for them to sign something and seal it in an envelope?! Help, guys!

glad you all having a good time. all the best to you and your family

thanks! same to you!!! hope you are enjoying the USA

Hey everybody! Been superrrrrrrrrr crazy busy lately but I have been reading every couple of days! We arrived in the US on the 23rd and have been trying to adjust to life here, the cold, living with my parents for the time being, etc. We will probably get married in November but no date yet. Working on that! I feel like we have barely had time to sleep with all of the running around and visiting, etc. He enjoyed Halloween immensely last night and we laughed a lot as he freaked some people out while we were driving and he was wearing a Scream mask! You can't wear masks in Honduras...people think you are there to rob them...so it was quite a new experience to be able to go to the mall with a mask on! LOL. Will try to stay connected here and let y'all know when we have any exciting news like marriage or our own place, etc.!!! Blessings to everyone on their next steps!!

We are married!!! :-)

Awww CONGRATS!!! I will have to get your number and call/text you now that all 4 of us are back in the same country again! lol.

Safe travels and HAPPY POE!!

THANKS!!! I am camping out in my empty apartment tonight since a big storm decided to come when my love was going to head home from saying goodbye to his dad...and was going to pick me up and take me to his mom's house for the night. But by the time the rain stopped, it was wayyyy too late for all of that....so I have a side table and a fridge left along with 5 suitcases. ROCKIN' Saturday night in here, folks!!! LOL. I have to somehow construct a bed....good thing I am really dang tired after a wild day of getting rid of most of my possessions!

Good evening everyone! We arrived in the US late last night... It's really cold, lol!!! Javi seems to be doing good... We went shopping today, and now he is playing videogames with my sister's fiancé. My family really likes him which is great.

Congrats!!! Glad it all went smoothly and Javi is doing alright!!! I know that he has been super excited! BUT Shhhhh!!! I don't want to hear about the cold I am about to enter, too! My mom said it was going to warm up over the next several days so it won't be too terrible when we land...but it's def not going to be 90-something degrees!!!

I have started saying goodbye to friends here and everything is ready to be moved out of my apartment over the weekend...it is all so surreal!!! We fly out on Tuesday and I feel like it's a long way away since there is still so much to be done!!! Maybe it will hit me when my apartment is empty on Sunday...

Have a nice weekend everyone!

yep.. thanks.. we will have a write up it later..

she did get grilled.. CO kept calling me "husband".. Rossana.. corrected her several times.. they spoke in spanish.. and luckly.. VIVIANFOREST gave us Heads on DHL form needed to be filled out before admitted into embassy for interview!!

whew!!!

now.. she has to make plans to leave her country and come here..

needs to sell her house, car.. quit job.. and ship whatever possessions she is bringing..

Yay!!!!!!!! Congrats! Wow, long day in there! Our embassy closes at noon for lunch so they finish with those who are inside from the morning in the morning. Yuck. I am so amazed to see this stuff about "grilling"!!! We had such a nice lady and it was the easiest interview of my life!!! Guess we got super lucky on that!!! Anyway, enjoy the great feeling and tell her to hurry up with all of that stuff

Still no word..

Hmmmmm...we went in at 7:00 and were out at 10:15 but many others stayed inside waiting much longer...it just depends on how many people are there for interviews and the order that they are calling them in. Don't worry!!! She will be fine!!!

Picked up Javi's visa yesterday... It was a long trip! 5 hours in bus down, 5 hours in bus back! But when he walked out of the Embassy with the envelope and the visa in his passport, it was so worth it! We fly to the US tomorrow!! Yay!

Ditto! BUT she didn't mention what the two of them did to us!!! LOL. There was a national soccer game going on at the same time so while she and I are sitting outside watching EVERYONE else who went in with them come out with visas, they are sitting inside watching the game!!!!!!!! LOL. We were FREAKING OUT! B/c that's exactly what happened last week--everyone else came out and they came out last with nothing....omg. Hahaha. So glad that is all over! Long day but it was worth it. Now to finish packing and cleaning my apartment....POE next Tuesday! WHoohoo!

Also positive thoughts going out to BNT and Kate&Javi. I hope they have your Visas printed and ready to go... kinda tight time line if your flights are Thursday! Good luck!!

I went this morning to DHL to send back packet 3. Their hours are 7am to 10 am and then 4pm to 6pm!! Huh??

I have to go back this afternoon to get this little puppy on it's way!!

Thanks!!! Our flight isn't till the 23rd so we have a week but Kate&Javi's is this Thursday--very tight!!

That is one wierd schedule.........how crazy! Glad you can at least go back this afternoon anyway!

Well, I just called DOS to see if they could tell me if the visa will be ready tomorrow (before making the long trip in the morning...) and all the guy could tell me was that it was issued on the 11th....so it was issued on the day we went to pick it up but it wasn't ready. At least that much is confirmed and it's in the DOS system as approved! The guy didn't want to help me at all--he told me to call the Embassy and I called him out by saying, "So you can't check in the system?" And then he took foreverrrrr to enter the data and find our case.....lol. Good thing the call was free! So here's to some amazing luck for us and Kate&Javi tomorrow!!!!!

Luckily we went over VJ interview questions because they were basically identical. I told him they would try and trick you by saying something wrong and seeing if you corrected them. I told him they will call me your wife and you have to say no, fiance. Well they did that - called me his wife, tried to mix up the dates of my trips and saying stuff like how it was nice my mom came to visit on my second trip - but he corrected them each time. The interviewer was training someone else so she put her hand over the microphone and said to the trainee that she was trying to trip him up to make sure he was real, but he was doing good with all the answers. Well, he could hear her say all that and told her when she came back on. She laughed and thought it was funny and said okay no more of that. She said to the trainee she was supposed to ask what kind of car I drove and my mother's name, but she knew he would know all that so wasn't going to bother with the questions. He said she was nice, but firm and lightened up near the end. She liked looking at our pictures and commented on them. He said he understood she has a job to do so he was happy with how it went. None of this would be possible without VJ. I just hope his visa comes through quickly.

That sounds terrifying!!! WOW. We had a super nice lady for our interview and her Spanish was not very good so she didn't even ask my fiance more than 3 questions....she also enjoyed our photos and commented on where they were taken since she knew the places. BUt no funny business of trying to mess him up, just a few questions and that was all. We were afraid it would be more like your experience but it was 5 minutes of nice chat and we were approved! Thankfully there was nothing that stressful! Man! I can't believe they do that sort of thing!!! They were even really nice when he messed up what kind of visa it was and they couldn't find him in the system...the guy laughed at him and then found it and finished the paperwork no problem. THe only crabby lady we found in the whole place was the one at security with the x-ray machine and metal detector. I was pleasantly surprised that people were so nice! Good luck---hope that you hear "approved" very soon!!!

HEY.. i was just told. there is a DHL delivery fee!? and a form needs to be filled out and ready for interview?!

is this correct?? where is form??

this is AFTER approval at interview

Totally depends on the country. They won't deliver ours so we have to travel all the way back 5 hours to the capital tomorrow to hopefully pick it up. You need to find someone from there to ask.....

I don't mind doing a letter and providing check stubs. As far as my taxes are concerned, I had to do back taxes recently(still in the process), so I didn't plan on including any tax info. along with the G-325A or I-129F. I figured I'd just include that tax returns later on, like when the affidavit of support is needed. Am I right in this thinking?

Yes, I didn't put any pay stubs or letter or anything in with the first set of paperwork...I just listed my job (which was different at the time) and you don't need any evidence of it at that point. That first set with the I-129F is all about making sure the relationship is a true one so the evidence is all related to that---at that stage, they are not worried about finances so just put down something like "independent contractor" and what field you work in and then have all of that financial evidence for the interview.

Anh Map-I don't get it. Is it a joke or do they actually not care about the different companies I independently work for?

BnT-I like this idea you proposed. I've been working as an independent contractor for the last couple of years, and before that I was either traveling or unemployed (but not receiving unemployment or welfare or anything like that, just not working). I have over 100 different check stubs especially from 2011 and 2012 of about 25 different companies that independently contracted me. Should I make copies and send them all in as evidence?

Anyone with any insight on this, please get back to me. Thanks.

I don't think you need them all....I just took the last 3 months worth to the interview and honestly, the chick didn't spend any time looking at it...all she really checked was the tax info and job letter which I had written myself based on an example I found here on VJ. So take some pay stubs but just make sure that your taxes are in order and you write a decent letter explaining what you do and how much you make doing it.

Sabi, how can we call DOS about the visa? I mean, will they know it is printed and in the passport? I'm feeling stressed because we are scheduled to fly out on Thursday and I'm hoping it's ready on Tuesday!

I'm not Sabi, but I was able to find out from DOS when our visa was issued, so I think they would also know when it's printed. For us, the DOS always had more up-to-date information than the Embassy.

Yes, I am curious about this now, too. It's that they specifically told them (in Spanish) that they were not assuring them that it would be ready Tuesday but to come anyway. SOme guy asked what they were supposed to do then and they just said that that was all they could tell them.....and since the Embassy is the place printing it, I am not so sure that the DOS would be notified that it was printed and put into the passport.....would be nice, though!!! The DOS surely does get notified of issuance but printing seems like a small thing to be sending notifications about...who knows! Guess I will try calling on Monday and then again on Tuesday morning before leaving the house to go back down there.

So...I work as an Independent Contractor. I don't recall when is the last time I had a "real" job, but it wasn't within the last 5 years. The companies provide me with 1099s as opposed to W-2 when tax season comes. There is technically no end date for these jobs (I mean, some last for like 2 weeks, and some last for 1 day) so I wouldn't know what to put for "end date" on this section of the G-325A. For example in 2011 I made over $18,000 from one of these companies, and now I am working with them again this year, but I am technically not employed by them. Who can help me figure this out?

We just had our interview and were approved yesterday with a letter I wrote saying that I have been an indep. contractor since Feb. of this year and make around $xxxxx per year.....I attached pay stubs/checks/bank statements showing deposits to that. So I would just suggest gathering as much evidence as income as possible. That's what they want to be sure of--that you earn enough...not the where and the how of it--as long as it's legal! haha.