josda

Thanks Jeff, very helpful.

jeffreyhy

We won't know if it's helpful or not until you find out what the NVC says when you resubmit!

Regards, JEff

josda

I think it'll be fine.

josda

Still working on this one. Need to clarify some stuff on form I-864 before sending it all in today.
When I look at item 25, it looks like I should either check the first or the second box, and that if I check the second box, then none of the above should be filled out (tax years with total income). Am I correct?
Jeff, I see what you wrote below, but it doesn't seem like it's the correct way to respond to this question, judging from the way it's set up (tax years section belongs with first box only).

For clarity, here's the checklist point as it was written:
"X's income indicated on the I-864 Part 25 does not correspond to that shown on the most recent tax return and W-2(s)."

And this is how he filled out item 25 before:
checked the second box (only 2nd and 3rd most recent returns included), and filled out the above tax years' total income as follows: 2011: $0, 2010: $x, 2009: $x

Edited: Or, looking at it again, it doesn't look like one should check one or the other box (either the first only, or both). So, I suppose the tax years with income should be filled out regardless of whether the first box is checked. And for 2011, I should not put $0, just N/A. And in the white space somewhere, write 'was not required to file tax return for 2011, see attachment'.

Sorry, I'm totally confused. Hope I'm making sense at all. Just don't want to have another RFE.

Regarding my birth and marriage certificates, my NVC call paid off and they issued a new checklist with no request for birth or marriage certificates. Yippie!

jeffreyhy

It seems to me that your husband should not check the first box. He has not filed a federal income tas return for each of the three most recent tax years. He should check the second box, because he is providing Federal income tax returns for the second and third most recent tax years.
This is confusing. If your husband entered $0 for 2011, did not file a Federal income tax return for 2011, and did not provide a W-2 for 2011, then how could his indicated income of $0 not correspond with a non-existant income tax return and non-existant W2? Confusion like this is why I suggested writing "tax return not required", or "no 2011 tax return filed, not required" next to the 2011 line in item 25. The question is applicable. Maybe instead of writing $0 with a note to the side, start the note in the space where the amount would go. Another suggestion for the note: "no 2011 tax return filed, income less than the amount required for filing" You are making sense, and your confusion is understandable. The NVC clerk who is looking at the I-864 is also confused. Your husband's assignment is to explain the entries on the I-864 so that the clerk will understand, or failing that respond to the deficiency notice telling the clerk that your husband believes he has filled out the I-864 correctly and has supplied all necessary and available supporting documentation - the I-864 package should be forwarded to the consulate for decision by the consular officer.

Your husband should be sure that he has filled out the form correctly and supplied appropriate documentation - my comments are based on the situation as you have described it, I do not know your husband's situation firsthand and have not seen his tax and financial documents. Even if I had, some types of non-taxable income are required to be reported on an income tax return, but I am not a tax expert, nor is the NVC clerk, and most likely the consular officer won't be either.

Regards, JEff

josda

My husband just sent it off, and wrote in the white space that he wasn't required to file. The explanation we had before, which they claim was missing, simply said 'had no taxable income', which isn't a sufficient explanation. So it's understandable. He highlighted the section in pub 501 that lists the amount one needs to make to be required to file, and noted he made less than that amount.

He put N/A in the amount for 2011, hope that works. His income wasn't 0, it was just under 19,000.

I think the RFE mainly had to do with the fact NVC claimed he did have to file a return, being that he didn't provide a sufficient explanation as to why he wasn't required to file.

But yeah, basically the entire RFE, my stuff included, has been confusing. I'll be glad when this is over.

ian-mstm

Your logic escapes me. Why would he indicate that the 2011 amount was "not applicable" when it clearly is applicable. And why would he enter $0 when he should have entered $19,000? He still had income even if he wasn't required to file a return.

Maybe I just don't understand your situation well enough... which is entirely possible.

Ian

josda

It doesn't ask the total of a person's income for that year, it specifically asks 'your income as indicated on your 1040'. So, this is how I interpreted it; if no return was filed, then the question is not applicable. Maybe I'm wrong. If however it asked 'your total income for the year 2011', I'd interpret it as being applicable, and would put down the amount he made, even if under the threshhold. Maybe I'll call on Monday and check, and we can send in yet another form.

We did put down 0 before, but clearly it was not acceptable, so perhaps this is why I'm thinking they're asking us to interpret their questions exactly as written. But who knows. I don't have a complete understanding of they operate.

ian-mstm

Don't send in another form until and unless you get another RFE. I'll be the first to admit that the I-864 can be one of the most confusing forms ever to be unleashed on humanity.

Ian

jeffreyhy

Not necessarily true. Consular officers determine what's acceptable. NVC file reviewers make an attempt to pre-judge, not always successfully.

If after 2 or 3 attempts, the NVC reviewers remain unsatisfied with what has been submitted, they will pass the cases on to the consulates and so that the consular officers can deal with it.

Regards, JEff