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I-485 RFE, a complete federal tax return?

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  • I-485 RFE, a complete federal tax return?

    Hi ,

    I am being here and asking some questions about the I - 485 RFE,

    Situation:
    Couple months ago, I submitted the whole package of application to USCIS(marriage-based green card, adjustment of status), which includes I-864 with every single supporting document. Something about tax supporting docs are,
    2011 w2 and the first two pages of its related 1040 form,
    2012 w2 and the first two pages of its related 1040 form and 2013 w2 only (because my sponsor already applied tax extension till Oct 2014).
    However, I still got RFE from USCIS and they need "a complete federal tax return submitted to IRS".

    Question,
    Is the problem if USCIS must have 2013 form 1040? If they must, how can I explain why I can not provide them with it?(like what I mentioned, my sponsor cannot provide them with 2013 form 1040 because she hasn't taxed yet); otherwise, what should I do with USCIS?

    One more question, what should a complete federal tax return look like? I mean, what kinds of file / form they are.

    Thanks

  • #2
    Your sponsor needs to provide copy of a Federal income tax return. If she has W2 and/or 1099 forms for 2013, should could have a tax return prepared with consumer software in about an hour, then later amend with any changes.

    "Complete" tax return means all forms which would have been submitted to IRS if paper-filed.

    --Ray B

    Originally posted by skyforever1000 View Post
    Hi ,

    I am being here and asking some questions about the I - 485 RFE,

    Situation:
    Couple months ago, I submitted the whole package of application to USCIS(marriage-based green card, adjustment of status), which includes I-864 with every single supporting document. Something about tax supporting docs are,
    2011 w2 and the first two pages of its related 1040 form,
    2012 w2 and the first two pages of its related 1040 form and 2013 w2 only (because my sponsor already applied tax extension till Oct 2014).
    However, I still got RFE from USCIS and they need "a complete federal tax return submitted to IRS".

    Question,
    Is the problem if USCIS must have 2013 form 1040? If they must, how can I explain why I can not provide them with it?(like what I mentioned, my sponsor cannot provide them with 2013 form 1040 because she hasn't taxed yet); otherwise, what should I do with USCIS?

    One more question, what should a complete federal tax return look like? I mean, what kinds of file / form they are.

    Thanks

    Comment


    • #3
      Originally posted by rayb View Post
      Your sponsor needs to provide copy of a Federal income tax return. If she has W2 and/or 1099 forms for 2013, should could have a tax return prepared with consumer software in about an hour, then later amend with any changes.

      "Complete" tax return means all forms which would have been submitted to IRS if paper-filed.

      --Ray B
      Hey Ray,

      First, thanks for your replying. However, like what I mentioned, they already applied tax extension till Oct 2014(because of my sponsor's business reason), so what should I do with USCIS, I cannot push my sponsor?

      Regards,
      John

      Comment


      • #4
        If you already submitted the 2012 return, 2013 W2 forms and copy of the extension request, and still got the RFE, your options are limited. . For USCIS, you might have only 60-90 days to respond, and it must be an acceptable response or you might receive a denial and have to start over.

        You have a couple of options:

        1. Hold off responding until your sponsor completes his tax return, so long as you can respond by the final date allowed (usually 60-90 days from RFE letter);
        2. Find another sponsor.

        Sending an explanation, as you have posted, won't fix this. You can't "negotiate" with USCIS, but must offer new evidence to keep a denial at bay.

        --Ray B

        Originally posted by skyforever1000 View Post
        Hey Ray,

        First, thanks for your replying. However, like what I mentioned, they already applied tax extension till Oct 2014(because of my sponsor's business reason), so what should I do with USCIS, I cannot push my sponsor?

        Regards,
        John

        Comment


        • #5
          Originally posted by rayb View Post
          If you already submitted the 2012 return, 2013 W2 forms and copy of the extension request, and still got the RFE, your options are limited. . For USCIS, you might have only 60-90 days to respond, and it must be an acceptable response or you might receive a denial and have to start over.

          You have a couple of options:

          1. Hold off responding until your sponsor completes his tax return, so long as you can respond by the final date allowed (usually 60-90 days from RFE letter);
          2. Find another sponsor.

          Sending an explanation, as you have posted, won't fix this. You can't "negotiate" with USCIS, but must offer new evidence to keep a denial at bay.

          --Ray B
          Hey Ray,

          One more question, if I wanna go the second option you suggested (change the original sponsor), what should I do?
          Just respond the RFE with new joint sponsor's I864 and its related supporting docs? or something else?

          Thanks again

          Comment


          • #6
            Yes, as a reponse to the request for a 2013 tax return, just submit a new I-864, coy of 2013 tax return, W2 / 1099 form copies, employment verification letter, AND COPY OF U.S. BIRTH CERT, OR U.S. PASSPORT ID PAGE OR COPY OF GREEN CARD.

            --Ray B

            Originally posted by skyforever1000 View Post
            Hey Ray,

            One more question, if I wanna go the second option you suggested (change the original sponsor), what should I do?
            Just respond the RFE with new joint sponsor's I864 and its related supporting docs? or something else?

            Thanks again

            Comment


            • #7
              Originally posted by rayb View Post
              Yes, as a reponse to the request for a 2013 tax return, just submit a new I-864, coy of 2013 tax return, W2 / 1099 form copies, employment verification letter, AND COPY OF U.S. BIRTH CERT, OR U.S. PASSPORT ID PAGE OR COPY OF GREEN CARD.

              --Ray B
              Hey Ray,

              It has been long time. I made respond to RFE with the explanation about my joint sponsor cannot provide the 2013 federal tax return because of his tax filing extension, and today I got USCIS update that my application has been approved. Thank god. and very thank you for your suggestions and appreciate it truly.

              Regards,
              John

              Comment


              • #8
                I-485 RFE, a complete federal tax return?

                Hello,
                Income tax filing is a process that millions of people complete successfully every year. If you qualify for any tax credits or tax deductions, you will want to take advantage of them. Tax deductions reduce your taxable income and tax credits reduce the actual amount of tax that you owe ― both will increase your chance of receiving a tax refund.
                Thanks

                Comment


                • #9
                  Originally posted by skyforever1000 View Post
                  Hey Ray,

                  It has been long time. I made respond to RFE with the explanation about my joint sponsor cannot provide the 2013 federal tax return because of his tax filing extension, and today I got USCIS update that my application has been approved. Thank god. and very thank you for your suggestions and appreciate it truly.

                  Regards,
                  John
                  Hello there,

                  I know its been a while since this happened to you. I might be in the same scenario, (waiting for the mail to confirm what is this rfe about) My sponsor has not filed taxes for this period yet. Did you mention anything about it on a spare letter or did you just send the extension form? also what time of the year was it when this happened? because the open period is until 04/18/16 (deadline not reached yet), in this case what do you think we should provide with?

                  I hope this message can reach you out and thanks for your information.

                  MaxwellP

                  Comment


                  • #10
                    Originally posted by MaxwellP View Post
                    Hello there,

                    I know its been a while since this happened to you. I might be in the same scenario, (waiting for the mail to confirm what is this rfe about) My sponsor has not filed taxes for this period yet. Did you mention anything about it on a spare letter or did you just send the extension form? also what time of the year was it when this happened? because the open period is until 04/18/16 (deadline not reached yet), in this case what do you think we should provide with?

                    I hope this message can reach you out and thanks for your information.

                    MaxwellP

                    I think I'm in the same scenario too. ANY help on this would be greatly appreciated because we're on a time crunch!

                    Comment

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