I-864 and RFE

[Camilla 0]

Hi, everyone!

I've been here for a year now and I find this forum very helpful.

Right now I have a problem and I've read thru, but I haven't found an answer.

Well, I got here on K1, we filled for AOS in December 2008. My husband started his job in Feb 2008, before that he was a student.

On his I-864 he explained, that he doesn't have his tax return, because he didn't make enough money before, but since Feb 2008 he makes way above the Poverty Line.

He sent his bank statements, paychecks and stuff, but we got an RFE.

Maybe we haven't understood the instructions well enough, but we didn't know that he needs to have a job for at least three years!

So now... we prepared all the documents - his tax return from 2008, paystubs, etc. We also have his dad as a joint sponsor, but we still don't know what should we send.

Does a sponsor need to have a job at least for three years?

Does he need tax return from the last three years?

Is it OK to have only 1 tax return from the last year? (he started working in 2008, so he has only 1 tax return)

Do we need a joint sponsor?

What should we do?

I've been here for almost 5 months, I want EAD, I want to work, I'm bored as hell at home! I thought we had everything we needed for AOS and EAD. I don't understand why they make so many problems when it comes to sponsoring... And why me?

[GueraKristina 1]

Hi camilla, I just sent my AOS papework for my husband yesterday, I sent my information (i only have 2 years worth of IRS tax returns b/c i didnt make enough 3 yrs ago to sent taxes for the 3rd yr.) i sent copies of my husband's tax information (he has had an H2b visa in the U.S for the last 3 yrs, so i sent his tax info for the last 2 b/c that is all he has), along with W2 copies, and also i copied car titles to support my proof of assets, i had 2 co sponsers, my step father and my mother, and they both submited copies of 1 year of IRS income taxes and copies of their Mortage on their house, their assets like their life insurance policy, proof that they have jobs (in the form of letters from their employers saying how much they make and that the job is considered perminant) along with my sponsor information i sent a copy of my employer stating that i work there, how long i have worked there, how much i make, that the job is considered perminant, and i had both of alfredo's employers do the same for him.

I would recommend 2 co-sponsors if you can, send as much information as you can, i included a bunch of stuff that my parents as well as i sent with my husband's AOS paperwork. let me know if this helps, or if you want more information PM me.

[Camilla 0]

Thank you for your answer!

But do we really need a joint sponsor? He makes way above the Poverty Line (2008 and 2009 ONLY) and I assume he is able to support me! So why did we get an RFE? Is it because he didn't make enough in 2007? But who cares about what hapenned two years ago?

This is just weird...

[Kathryn41 3,205]

Did you include information with your package that explained your husband was a student and didn't make enough money to pay taxes? Did you include a letter from his employer stating his start date, that his position is permanent and how much his annual salary is? You might want to write something that explains your circumstances in a straight forward way and send that back with the other requested documents. Include the co-sponsor information as well, just in case. Good luck.

[Camilla 0]

The only thing he didn't include in his package was a letter from his employer. But we called USCIS and they told us that as long he sends paystubs it's fine.

My husband doesn't want to send a joint sponsor paperwork (his dad), because his dad might have some problems while filling tax statements in 2010. Is that true? He would have to include me every year?

[jhunjhun 7]

The only thing he didn't include in his package was a letter from his employer. But we called USCIS and they told us that as long he sends paystubs it's fine.

My husband doesn't want to send a joint sponsor paperwork (his dad), because his dad might have some problems while filling tax statements in 2010. Is that true? He would have to include me every year?

First of all, letter from his employer is vital to include because your husband is been working there for about 1 yr. Letter of employer is relevant as this will tell the USCIS adjucator that your husband's work will continue/permanent and not temporary. In my humble suggestion, if you believe that having a co-sponsor will help your case to move on, don't hesitate to include it. Is your husband's income for yr 2008 is above the poverty limit for two persons? If you guys filed your tax return for yr 2008 and it was above the poverty limit, you will be OK. Just make sure that you include a letter to explain your husband's prior situation for not having him filed his tax return from previous yrs. Just include his transcript of record if you think this will help to convince USCIS adjucator.

Here is my AOS story, My wife income for 2007, 2006 and 2005 were below the poverty limit. On mid of Nov 2008, we submitted my AOS application. We didn't look for a joint sponsor because we can't find one. We were positive that my wife's income for yr 2008 will exceeds the povert limit for 2 persons. My wife was just started her job last May 2008, and her second job was on March 2008.

Our AOS interview was scheduled on Feb 11, 2009. The IO doesn't want to approve my AOS at that time because my wife's income for 2007 was below the poverty limit. We were given two choices ( 1. seek for joint sponsor, 2. file our 2008 tax return jointly). We filed our tax return a week after our AOS interview and took the copy of our tax return to our local USCIS office, 5 days after the documents were being submitted, we were approved.

Did your husband file his tax return already? Is it exceeds the poverty limit for 2 persons ( you and your husband)?

[Kathryn41 3,205]

The only thing he didn't include in his package was a letter from his employer. But we called USCIS and they told us that as long he sends paystubs it's fine.

My husband doesn't want to send a joint sponsor paperwork (his dad), because his dad might have some problems while filling tax statements in 2010. Is that true? He would have to include me every year?

There is no tax implication for the co-sponsor. Basically, the co-sponsor enters a contract with USCIS that states if you ever receive public funds while you are covered by the terms of the co-sponsorship (it ends with 40 quarters of eligible work, becoming a US citizen, leaving the US permanently or death of either party) to sponsor/so-sponsor will reimburse the government for the amount of money paid to you. It doesn't mean you are a dependent on the co-sponsor for income tax purposes and you would not be included on your father in law's return. You would file your own return, usually joointly with your husband.

And yes, he absolutely needs that letter from his employer. Without it your application stands a good chance of being denied because it is part of the proof your husband is able to support you, especially as he is lacking a financial history of meeting the necessary support level.

Edited March 11, 2009 by Kathryn41

[mimimimimi 0]

I don't know all the legal details, but I can tell you our experience, which was similar. My hubby was a student up to May 08.

I really didn't want to ask a friend to be my joint sponsor - it is a super annoying thing to ask, but hubby obviously did not have tax returns for the last years when he was a student. I thought if we just explained that, and proved he had a solid job from Jul. 08, it would be okay. But the immigration specialist that prepared our application said I HAD to have a joint sponsor, or else we would get a RFE. I tried to fight it, but ended up asking my friend. And I did not get an RFE.

I think the main thing is, they want to see at least one tax return for the previous year. If your husband does not have one, you probably need a joint sponsor. I guess as you got an RFE, even if your husband files for tax returns now, maybe you will still need one? I am not sure.

The only responsibility of the joint sponsor is to pay for any public charge benefits you may ask in the future - so in my opinion, it is not a big deal, as you will probably never do it.

On our interview this week, IO didn't even ask to see any joint sponsor files, probably because me and hubby filed taxes for 08.

[Bobby+Umit 161]

He sent his bank statements, paychecks and stuff, but we got an RFE.

Maybe we haven't understood the instructions well enough, but we didn't know that he needs to have a job for at least three years!

There is no requirement to be working for 3 years. If the sponsor just started a job, a letter from his boss, explaining his job, how much he makes, and other detail would of been sufficient.

This is from the instructions:

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

So now... we prepared all the documents - his tax return from 2008, paystubs, etc. We also have his dad as a joint sponsor, but we still don't know what should we send.

If you send the tax return, ensure you send the W-2 associated with it, as per the instructions.

Does a sponsor need to have a job at least for three years?

No - same answer as above, they just have to prove they make 125% of the poverty level for the number of people they are sponsoring.

Does he need tax return from the last three years?

The instructions say one, but it also says you can include more if you feel the need to prove more (like your income is on the edge of the requirement.

Again, from the instructions:

If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

Is it OK to have only 1 tax return from the last year? (he started working in 2008, so he has only 1 tax return)

Yes - but get that letter from his boss so he can show he will continue to make the income to support you.

Do we need a joint sponsor?

If you can meet the poverty level 125% - and prove you will continue with the income, then, No, you do not need a co-sponsor.

What should we do?

Read the instructions for the I-864 and answer the RFI and provide all the evidence they require.

I've been here for almost 5 months, I want EAD, I want to work, I'm bored as hell at home! I thought we had everything we needed for AOS and EAD. I don't understand why they make so many problems when it comes to sponsoring... And why me?

I can't answer that , but from your answers, it appears you didn't send the correct information the first time. Do so and you should have no issues!

[Camilla 0]

First off, thanks for all the responses. It's really been helpful.

So the only question left is whether or not we check the box for question 25? My husband was not required to file in 2007, but as you all and the instructions have both said, that is fine as long as we explain why. However, question 25 does not say "did you file when required" it just asks if he filed.

Here it is:

25. Federal income tax return information.

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

So should we check the box or not? The instructions on the I-864 even say to write an explanation if he was not required to file in the previous 3 years. We will write an explanation of lack of 2007 income either way, but I don't want to leave the box blank and get my application thrown out immediately for not marking where needed. Does anybody know the right way for sure?

Thanks again.

[Camilla 0]

Sorry if this isn't allowed.....but, BUMP.

I'd really appreciate any input for my above question. This should be the last.....hopefully.

[mohammedwalks 0]

herolmounia are you there i need your help please

[Usui Takumi 1,562]

The only thing he didn't include in his package was a letter from his employer. But we called USCIS and they told us that as long he sends paystubs it's fine.

My husband doesn't want to send a joint sponsor paperwork (his dad), because his dad might have some problems while filling tax statements in 2010. Is that true? He would have to include me every year?

There is no tax implication for the co-sponsor. Basically, the co-sponsor enters a contract with USCIS that states if you ever receive public funds while you are covered by the terms of the co-sponsorship (it ends with 40 quarters of eligible work, becoming a US citizen, leaving the US permanently or death of either party) to sponsor/so-sponsor will reimburse the government for the amount of money paid to you. It doesn't mean you are a dependent on the co-sponsor for income tax purposes and you would not be included on your father in law's return. You would file your own return, usually joointly with your husband.

And yes, he absolutely needs that letter from his employer. Without it your application stands a good chance of being denied because it is part of the proof your husband is able to support you, especially as he is lacking a financial history of meeting the necessary support level.

40 quarters!!!!! Thats absolutely crazy.....thats 10 years!!! (i'm only thinking in terms of unemployment benefits)

[agata&greg 0]

First off, thanks for all the responses. It's really been helpful.

So the only question left is whether or not we check the box for question 25? My husband was not required to file in 2007, but as you all and the instructions have both said, that is fine as long as we explain why. However, question 25 does not say "did you file when required" it just asks if he filed.

Here it is:

25. Federal income tax return information.

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

So should we check the box or not? The instructions on the I-864 even say to write an explanation if he was not required to file in the previous 3 years. We will write an explanation of lack of 2007 income either way, but I don't want to leave the box blank and get my application thrown out immediately for not marking where needed. Does anybody know the right way for sure?

Thanks again.

I left it blank, and wrote an explanation (my husband didn't work either, we lived in Poland). But I'm not entirely sure if that's right, I didn't get my GC yet.

[Camilla 0]

Thank you for the reply!

Another question: his income in 2007 was 0. He didn't file, because he was not required do to so - no income. But now for AOS does he need to have his tax returns for the last three years, even though he made 0?

He called IRS and asked about filing his tax return for 2007, but this will take 2 months. Is he required to file if he didn't make any money that year? Will we have a problem because of that at USCIS?