I-864 RFE. TAX RETURN SUBMISSION?

Bankruptcy and Debt 5 views 3 answers
I included a tax return for the last three years for my wife and my co sponsor. I received an RFE asking for the most recent tax return from the petitioner/sponsor. Should i just send the most recent year tax return from my wife and co sponsor again? i think this time i will add my co sponsors husband tax return because his name is mentioned on the i-864. Does anybody have any idea what they need this information again for?

Attorney Answers

3
Judd Koenig ·
I am sorry to hear about your difficult and frustrating situation. You should contact a Florida tax specialized licensed attorney to point you in the right direction. I am licensed in Florida, Georgia and Massachusettes, but do nit have experience with Florida tax laws or Federal tax laws, so I am not able to give you advice for your situation. I truly wish you the best.
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Matthew Porter ·
When your case was filed, it is highly likely that your petitioner's 2011 tax return was not yet due. Once April 15th came around (or in this year April 18) the 2011 tax returns became due. The RFE was likely issued after April 18th so the USCIS would have been entitled to ask for the most recent tax information from your sponsors. This is yet another instance where dealing with USCIS becomes painful. It is very important to fully comply with the RFE or your case may be denied. You need to have both your sponsor and co-sponsor submit the most recent tax returns, or proof of an extension to file. In this case, they should submit their 2011 tax return information and all informational returns (Form W-2s and/or 1099s). If either sponsor has filed an extension, they should submit proof of a timely extension. As a tax and immigration lawyer, I understand how the intersection of these tax and immigration issues can be confusing and frustrating. Good luck!
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