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RFE asking for tax documents
Hi. I received a RFE letter asking for the most recent tax documents. I filed taxes with my wife on April and we ended up owing some money to the IRS. We have not been able to pay them yet and we are afraid that if we send the transcript to USCIS they are gonna see we still owe that money. Do you guys think it is safe to send the documents anyway? should we be worried about denial or rejection?
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When I-485 Package sent to USCIS: 12/3/2019
When Package received by USCIS: 12/4/2019
When checks cashed: 12/10/2019
When Physical Notices received: 12/14/2019
When FingerPrint notice sent: 10/13/2019
When FingerPrint notice received : 12/19/2019
When FingerPrint Done : 1/3/2020 -
I had a similar question for our attorney when filing I-751. He told me that owing back taxes does not impact a green card application as USCIS is only trying to establish the legitimacy of your marriage. My understanding is that USCIS is only interested that you filed taxes together (marriage bona fides) or as proof income (Affidavit of Support/Public charge), collecting taxes owed is the IRS' job. It would be smart to pay as soon as possible, especially if you plan to naturalize. -
No do not withhold your tax documents. The USCIS is only looking to see if you are filing together as a couple as proof of joint financial liabilities thus showing evidence of a legitimate marriage--not to see if you owe taxes. Your tax papers only state if you owed the IRS, or if the IRS owed you, at the time you filed taxes. The papers do not say if you have now paid the IRS or not and USCIS doesn't care about that at this point. Since you filed in April the IRS already knows if you owe them or not and if they have a problem with your taxes the IRS will decide how they will handle it. Essentially, the USCIS doesn't tell the IRS there is a problem with your taxes the IRS tells USCIS so make sure you pay your taxes but...
Withholding your tax return which shows that you filed jointly with your spouse, from the USCIS only delays your immigration process at best or indicates to the USCIS that you do not have enough proof of a legitimate marriage (or did not provide that proof in time) and this will move you into removal proceedings. There is no reason to withhold tax documents that you have already filed with the IRS from USCIS. The IRS already knows you owe them and getting in trouble with USCIS for not showing them proof of joint financial liability will only give you a whole new set of problems.Last edited by Hotaru-Grace; 05-17-2020, 07:24 PM.7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. MailedComment
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Long story short, send them...Comment
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Thank you guys, I was desperately needing an answer. I gathered all the requested documents already. Do you guys know if this is the last step before they give you an interview date?
When I-485 Package sent to USCIS: 12/3/2019
When Package received by USCIS: 12/4/2019
When checks cashed: 12/10/2019
When Physical Notices received: 12/14/2019
When FingerPrint notice sent: 10/13/2019
When FingerPrint notice received : 12/19/2019
When FingerPrint Done : 1/3/2020Comment
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It may be if your package was complete (including I-693). Good luck.Nov 2018 - Package sent - EB - Texas Service Center
Day 1 - Package received at the lockbox
Day 999 - Card delivered to me - Aug 2021
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All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.Comment
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