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Request For Initial Evidence I-485 about I-864

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  • Request For Initial Evidence I-485 about I-864

    On Monday I received a RFE from USCIS ,

    The petitioner/sponsor on Form I864 , 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 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 " Filing Requirements'' in the IRS form 1040 Filing Instructions to determine whether you were required to file

    but we have joint sponsor already and my husband and I we all full time students , we don't have income .

    so what should we provide to them ? just write an explanation to tell them that we don't have income ?

    Thanks for helping !!

  • #2
    I think you should write a letter to explain why you are not subject of tax return as you are student. For this reason you included a sponsor and you may send the tax return of the sponsor.

    I dont have a similar experience, but I guess I understand how USCIS send the RFE. They check thousand of applications per day and they do only check for missing documents. The RFE we receive are general and not specific to your application.

    This is an opinion.

    Comment


    • #3
      Originally posted by jjh904567 View Post
      On Monday I received a RFE from USCIS ,

      The petitioner/sponsor on Form I864 , 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 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 " Filing Requirements'' in the IRS form 1040 Filing Instructions to determine whether you were required to file

      but we have joint sponsor already and my husband and I we all full time students , we don't have income .

      so what should we provide to them ? just write an explanation to tell them that we don't have income ?

      Thanks for helping !!
      If as a student you don't have income and therefore don't meet certain limits, then you aren't required to file a tax return, as I assume you didn't do. So with this in mind, you need to attach a written explanation of why you are not required to file. In this case, because you're students without income.

      Their instructions give you two choices, you have to submit your most recent tax return OR provide a written explanation of why you didn't file. So if you didn't attach one of these, then that's why you've received the RFE.
      Marriage AOS - 2018

      4-10: Sent to Chicago Lockbox
      4-12: Arrived in Chicago
      4-14: Picked up by USCIS
      4-19: Email & text notifications received
      4-23: I-797 Receipts received
      4-27: Biometrics notice received
      5-10: Courtesy letter for I-693
      5-11: Biometrics completed
      6-04: Interview scheduled
      6-09: Received interview letter
      7-10: Interview complete & approved, status change to New Card being Produced
      7-13: Card was Mailed
      7-18: Green Card in Hand

      Comment


      • #4
        Originally posted by jjh904567 View Post
        On Monday I received a RFE from USCIS ,

        The petitioner/sponsor on Form I864 , 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 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 " Filing Requirements'' in the IRS form 1040 Filing Instructions to determine whether you were required to file

        but we have joint sponsor already and my husband and I we all full time students , we don't have income .

        so what should we provide to them ? just write an explanation to tell them that we don't have income ?

        Thanks for helping !!
        Here's my humble take on this. When I did my citizenship, I was a full time student. Even though I worked, I was not required to file federal income taxes as my student income was not above the threshold. Since I had the same two options, I opted for filing taxes, even though I did not have to. The IRS will accept your return. For audit purposes, it may also help you in the future to have filed even though you were not required to. The IRS usually audits your 3 most recent years. If there is a substantial error, then may go back another 3 years. You can see where I am going with this. You are using up some of those years they can audit by filing even though you are not require to. I did have W-2s. That made it easier. You may not have any.

        Comment


        • #5
          Originally posted by jjh904567 View Post
          On Monday I received a RFE from USCIS ,

          The petitioner/sponsor on Form I864 , 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 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 " Filing Requirements'' in the IRS form 1040 Filing Instructions to determine whether you were required to file

          but we have joint sponsor already and my husband and I we all full time students , we don't have income .

          so what should we provide to them ? just write an explanation to tell them that we don't have income ?

          Thanks for helping !!
          Can you give me update please, I submitted the co-sponsor's i864 but forgot my husband (petitioner) i864, and they said they need it for final decision, does that mean my husband's i864 will be the last thing they need?

          Comment

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