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I-400. Evidence of Paid Tax Overdue

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  • I-400. Evidence of Paid Tax Overdue

    During interview USCIS asked me to send them tax returns for the past 5 years which I did. I sent them Tax Transcripts for the past 3 years and Tax Return for 2 years because Tax Transcript is just available for 3 years.
    I received one more RFE asking for evidence that tax overdue is paid but I do not have any Tax overdue. What evidence should I send them? Account Transcript for the past 5 years? Thank you for your help

  • #2
    I'm confused. Did your most recent tax return (2018) show that you had underpaid taxes?
    If so, I imagine they want evidence that you paid the missing taxes.
    The full tax return for 2018 should show that you are sending them a check with the 1040.
    I'm not sure if a "simple" transcript shows that or not.

    According to this policy document:

    ... the RFE should clearly state...

    When an RFE is appropriate, it should:
    (1) identify the eligibility requirement(s) that has not been established and why the evidence submitted was not sufficient;
    (2) identify any missing evidence specifically required by the applicable statute, regulation, or form instruction;
    (3) identify examples of other evidence that may be submitted to establish eligibility; and
    (4) request that evidence.

    I don't understand the reason for them thinking that you have underpaid taxes. Especially since you said "I do not have any Tax overdue".
    Can you upload the copy of the RFE so we can see exactly what they are asking? (redact your name and ID etc)
    It sounds like they sent you several RFEs... are they all identical? Are they for different tax years?
    Last edited by N400questions; 08-12-2019, 10:47 PM.


    • #3
      N400questions - thank you for your quick response.

      My recent 2018 Tax Transcript from IRS does not show any underpaid taxes.

      Tax Transcript just shows either Refund or Amount you owe.
      Maybe "Amount you owe" section confused Officer because Tax Transcript does not show if you paid your taxes or not. It just tells how much you owe for the year.

      Below is the section from RFE:

      "Please provide proof that you have already paid or are currently on a payment plan for your outstanding taxes. You can submit the following:

      A signed agreement from the IRS indicating that you have arranged a payment plan with them to pay the taxes you owe; or documentation demonstrating you have paid off your debit which may include a letter from the IRS and proof of payment."

      I can send them Account Transcript which I think show if you paid taxes or not for the year but I don't have outstanding taxes so not sure if this helps.

      Thank you for your help.


      • #4
        If those transcripts are ambiguous and no one can tell if the amount was truly paid or not...
        Why not send your full tax returns instead?
        It sounds like you already did that for TWO years.... why not do it for all FIVE?
        That way there can be no confusion at the USCIS.
        After all... that's what they originally requested.

        I guess another option is to request a formal letter from the IRS stating categorically that you do not owe any taxes for the 5 year period.
        I'm not sure how you'd get one of those.
        Maybe this online tool can help

        I just tried to create an IRS account to test it ...but it refused to verify my identity... maybe because I locked my credit reports after the Equifax data leak.
        Last edited by N400questions; 08-12-2019, 11:35 PM.


        • #5
          Originally they requested Tax Transcripts or Tax Returns + W2s.

          I sent Tax Transcripts for three years because there are certified by IRS. However, Tax Transcripts are just available for the past 3 years and this is why I also sent Tax Returns for 2 years.
          Tax Returns are not verified by IRS. Also, Tax Returns do not indicate if you paid taxes or not.

          I'm also not able to create IRS Account and this is why Im thinking about requesting Account Transcript using Form 4506-T.

          Not sure how to get letter from IRS stating that I do not owe any taxes for the 5 year period. I'm not able to find any information about this.

          I just found one post describing similar RFE and that Person sent them Tax Transcripts + Account Transcripts for the past 5 years.

          Anyone else who might have received a similar Notice from USCIS?


          • #6
            It's strange that neither of us can create accounts on that IRS website.

            As a work-around... You can request transcripts online that will arrive by snail mail

            I just used that link to request 8 transcripts. Tax return and Account for the last 4 years. It only allows 4 years.
            Last edited by N400questions; 08-13-2019, 12:51 AM.


            • #7
              Yes, I will request Account Transcript using 2 Forms 4506-T. Do you think should I also attached copy of cashed check from IRS for the last 5 years?


              • #8
                If you have the cashed checks.. it can't hurt to add them.
                I'm waiting to see what the "account transcripts" look like..... I'm hoping they clearly list all payments and balances. I guess they must do.

                If the USCIS truly need all this stuff... they should say so in their list of things to bring to the interview.
                Asking for it AFTER the interview just adds unnecessary delays. I'm glad I'm getting these copies now while I wait for an interview.
                I predicted I might need tax returns but it never occurred to me I would need account transcripts.
                Last edited by N400questions; 08-13-2019, 10:45 AM.


                • #9
                  I just called various numbers at the IRS in search of a DEFINITIVE letter from the IRS saying that I owe ZERO taxes for each of the past 5 years.
                  The good news is that we CAN get such a letter.
                  It is called a "Balance Due Letter" and you'll typically get TWO letters... one covering 4 years and the other covering 1 year.

                  There's no way to do this online.. it has to be a phone call.
                  We need to call a local "Tax Payer Assistance Center" and select the option for "Make an appointment"
                  This gets you to a human being.
                  Google "Tax Payer Assistance Center" to get the phone number in your town/city.
                  Then ask the IRS agent for a "Balance Due Letter" for each of the 5 years 2014 2015 2016 2017 2018 showing a ZERO balance for each year.
                  Make sure they understand you want this for FIVE years (not one or three years).
                  To authenticate you ...IRS agent will ask for name, SS#, Address, Birthday, Filing status (single,married, etc).
                  After a couple of minutes researching, they will come back and tell you that TWO letters have now been issued (one for 4 years and one for the additional year)
                  We should get the letters in a few days via snail-mail USPS

                  Tedious... but possible.

                  Why is a tax return transcript insufficient? It does not prove you paid any taxes due.
                  Why is a tax account transcript insufficient? According to IRS staff, it apparently is just a string of numbers without a bottom line showing ZERO due.

                  Thankfully I will have this in place BEFORE my interview and avoid the delays caused by request for evidence.
                  Good Luck

                  Last edited by N400questions; 08-14-2019, 12:30 PM.


                  • #10
                    I’m not sure why they need prove of paid Taxes. I know they need prove that younare paying your overdue Taxes but why they need prove of paid Taxes that I dont know.

                    Once I get Account Transcript, I will let you know how it looks like.

                    “Balance Due Letter” - I believe this is something that I’m looking for. Do you know what IRS number should I call to get it? What information do I need to get this Letter?

                    There are few documents that you can get from IRS. Please check 4506-T.
                    ”Tax Transcript” shows many records from your Tax Return but doesn’t show if you paid “Amount you owe”.

                    ”Account Transcript” - I believe Account Transcript might be sufficient but I’m not sure. It shows less number from your Tax Return but I believe it shows if you paid Taxes for the year.

                    I have never seen Account Transcript but hopefully I will get it soon.


                    • #11
                      Read my previous response for information on how to get a "Balance Due Letter".

                      Call your local "Tax Payer Assistance Center" and select the option for "Make an appointment". This gets you to a human being....etc etc


                      • #12
                        Thanks. I will try to get this Letter from IRS.


                        • #13
                          What's the status of your Application? What did you ended up sending? I had my interview and the was asked about the dues and to show/get proof. I haven't received RFE yet, waiting for it. The IO officer told that it will take 2 weeks. In the meantime I contacted IRS local office to get the balance due letter. Did you end up sending 5 years transcripts? We can get 3 years easily , but for 5 years we have to fill a form and can take long time to get those. I wonder if I can get those on time as RFE needs to be replied within 30 days. Please share your experience