RFE about Joint Sponsor Income...

[Dylan and Jen 0]

Okay, so i got an RFE in the mail about my Joint Sponsor for my wife, my Father.

It states that he makes less than 125% above the poverty line, and handwritten at the bottom states that income refers to line 22 on the 1040. However, the instructions that I read said that income referred to gross income, of which he has plenty.

My father is self employed and line 22 reads $17,250, while his attached schedule C for being self employed reads on line 7 (Gross Income) $44,893, which is above the $18,000 needed. I'm a little concerned that his taxes were done incorrectly, but I'm not sure. I know he makes at least what's listed on his Schedule C...

Also, the RFE asked for assets that, when calculated, have a value of 8,500.

Should I send back the rfe with a cover letter explaining his self employment, or what?

Do the average of his last 12 months of bank statements need to be 8,500 or just his current balance? I'm very lost :/ and stressed. Thanks!

[Anh map 2,098]

Okay, so i got an RFE in the mail about my Joint Sponsor for my wife, my Father.

It states that he makes less than 125% above the poverty line, and handwritten at the bottom states that income refers to line 22 on the 1040. However, the instructions that I read said that income referred to gross income, of which he has plenty.

My father is self employed and line 22 reads $17,250, while his attached schedule C for being self employed reads on line 7 (Gross Income) $44,893, which is above the $18,000 needed. I'm a little concerned that his taxes were done incorrectly, but I'm not sure. I know he makes at least what's listed on his Schedule C...

Also, the RFE asked for assets that, when calculated, have a value of 8,500.

Should I send back the rfe with a cover letter explaining his self employment, or what?

Do the average of his last 12 months of bank statements need to be 8,500 or just his current balance? I'm very lost :/ and stressed. Thanks!

For a self employed person line 22 of the most recent federal tax return is the income number used.

Edit: If he has personal assets that he wants to use, those can be submitted as well. Follow the valuation guidelines in the I-864 instructions. Also, the I-864 FAQ link in my signature below may be helpful to you.

Edited August 12, 2012 by Anh map

[Dylan and Jen 0]

Okay, so when we originally sent out the papers, we included 1040s for 2010, 2009, 2008, and the extension for 2011.

Line 22 on 2008 meets those does meet that but 2009 or 2010 do not.

We will get the 1040 for 2010 this week, and it's pretty certain that line 22 will meet the requirements.

Is 2011 the only one that will really matter in this case?

What if I sent the assets, just in case it took too long to get the 1040 for 2011?

The assets should be enough...but if they're not, would I get an RFE with an even smaller amount of time to reply (this one is 45 days)? Or is there a point where they stop sending RFEs and just say the process has been cancelled? :/

[Ning 619]

Okay, so when we originally sent out the papers, we included 1040s for 2010, 2009, 2008, and the extension for 2011.

Line 22 on 2008 meets those does meet that but 2009 or 2010 do not.

We will get the 1040 for 2010 this week, and it's pretty certain that line 22 will meet the requirements.

Is 2011 the only one that will really matter in this case?

What if I sent the assets, just in case it took too long to get the 1040 for 2011?

The assets should be enough...but if they're not, would I get an RFE with an even smaller amount of time to reply (this one is 45 days)? Or is there a point where they stop sending RFEs and just say the process has been cancelled? :/

If you insist on using the 1040s send every supporting document with each one as well. Other wise simply submit the transcripts for each year.

If you dont satisfy the RFEs requirements they will send another or simply deny the case. Each RFE adds weeks to months to the case.

[Anh map 2,098]

Okay, so when we originally sent out the papers, we included 1040s for 2010, 2009, 2008, and the extension for 2011.

Line 22 on 2008 meets those does meet that but 2009 or 2010 do not.

We will get the 1040 for 2010 this week, and it's pretty certain that line 22 will meet the requirements.

Is 2011 the only one that will really matter in this case?

What if I sent the assets, just in case it took too long to get the 1040 for 2011?

The assets should be enough...but if they're not, would I get an RFE with an even smaller amount of time to reply (this one is 45 days)? Or is there a point where they stop sending RFEs and just say the process has been cancelled? :/

2011 is what is needed. The rest doesn't matter.

Asset value would have to be 5 times the income amount needed to meet the requirement.

[Dylan and Jen 0]

Okay, so I have copies of my father's tax transcripts for the past 12 months, one of the assets that they said I could send.

I realize that asset value would be 5x the difference, but how is asset value calculated from the 12 months?

For example, do I add all balances together and average them, or...?

[Frenchican 13]

I was wondering if you can tell me at what point of your AOS process did you get the RFE, or if you could update your timeline in your signature to follow process.

I sent my package a week ago, just got the first NOA, but I am very nervous about the joint sponsor income. Also, like you, mine is self employed and not all the income shows in form 1040.

What has happened since you got your RFE, did you submit new documentation or not yet?

saludos,