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Second RFE for I865

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  • Second RFE for I865

    I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentions the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't not take my legally obtained income into consideration).
    We have filed for an extension to file income tax return. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work).
    2 weeks later i have gotten 2nd RFE stating that we need to send just complete Federal tax return for 2015. How can they ask for it, when I attached an extension to file taxes?
    I even found official articles and policy manual when it stated that if customer proved them with an extension, IO should consider 2014 year to be current.
    We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
    I have called USCIS customer service and talked to tier 2 officer and she told me that I'm basically right and i have to resend all the paperwork I already submitted twice basically...

  • #2
    Originally posted by pilotkausa View Post
    I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentions the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't not take my legally obtained income into consideration).
    We have filed for an extension to file income tax return. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work).
    2 weeks later i have gotten 2nd RFE stating that we need to send just complete Federal tax return for 2015. How can they ask for it, when I attached an extension to file taxes?
    I even found official articles and policy manual when it stated that if customer proved them with an extension, IO should consider 2014 year to be current.
    We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
    I have called USCIS customer service and talked to tier 2 officer and she told me that I'm basically right and i have to resend all the paperwork I already submitted twice basically...
    if i was you i will still look for a joint sponsor, because i think they can deny for not providing any evidence. this is weird. yes USCIS don't care about the immigrant income. just resend it hopefully a different officer will look over it, because i only send my husband 2014, 2013, and 2012 tax return and i haven't gotten any request for 2015

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    • #3
      Originally posted by iuy87 View Post
      if i was you i will still look for a joint sponsor, because i think they can deny for not providing any evidence. this is weird. yes USCIS don't care about the immigrant income. just resend it hopefully a different officer will look over it, because i only send my husband 2014, 2013, and 2012 tax return and i haven't gotten any request for 2015
      I am looking for another joint sponsor but all my friends are self-employed as well and noone filed their taxes yet and IRS takes 6 weeks to process after due date tax returns... so I don't know what to do.... I'm afraid that if I reply with the same paperwork and some explanations, they would just deny my petition.

      Comment


      • #4
        Originally posted by pilotkausa View Post
        I am looking for another joint sponsor but all my friends are self-employed as well and noone filed their taxes yet and IRS takes 6 weeks to process after due date tax returns... so I don't know what to do.... I'm afraid that if I reply with the same paperwork and some explanations, they would just deny my petition.
        that sucks, if i was you i will meet ur a immigration lawyer and ask for alternatives. it will be heart breaking for u to get denied just for this.

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