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Posted

Hi all,

I received an RFE for my AOS application stating that to process the application further, the petitioner/sponsor must submit all tax documentation.

I am sure that I submitted all of the information and I 'think' I know what the problem may be and am wondering what others may have done in my situation.

I had a joint sponsor because I didn't meet the income requirement. My sponsor is married and jointly filed taxes with his spouse. I only submitted my tax information, and the information of my sponsor (W2's, pay stub, and 2008 tax return)

Is it necessary to have his wife sign the I-864A and also submit her W2's and pay stub because they filed jointly? I thought it would suffice to only use his information showing his income with his W2's and pay stubs, along with their tax return, in the hopes that they would have enough common sense to know that HE is the only one that I was using as the sponsor....

Could that be the missing information they are asking for? What do you think? I called the 800 number, but its still saying my case is not yet in the system....uggggg...

AOS

Date Filed : 2009-03-09

NOA Date : 2009-03-17

RFE(s) : 2009-03-30

Bio. Appt. : 2009-04-20

Posted

That probably is it, since the I-864 states "If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s)."

So, if your co-sponsor filed jointly, and his wife is listed, you are missing her W-2 forms.

You could avoid this by providing tax transcripts instead of copies of the returns/w-2s.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Country: Italy
Timeline
Posted

Oh man... like you I completly didnt think about attaching the w2s of my joint sponsor`s spouse. I didnt get an RFE yet and I hope I wont but at this point I guess It just feels right what you are saying. I already had the biometrics.. maybe they just forgot about that? thinking well, my joint sponsor makes enough to sponsor me alone

Posted
That probably is it, since the I-864 states "If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s)."

So, if your co-sponsor filed jointly, and his wife is listed, you are missing her W-2 forms.

You could avoid this by providing tax transcripts instead of copies of the returns/w-2s.

Ahh...you are absolutely right. I don't know how I didn't see that part....hopefully that will do it...

AOS

Date Filed : 2009-03-09

NOA Date : 2009-03-17

RFE(s) : 2009-03-30

Bio. Appt. : 2009-04-20

 
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