Wife does not have 6 months salary history but Govt wants tax proof

[freelancer 0]

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

[freelancer 0]

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

By the way, we have both been out of the US for years and thus this is her first job since returning (and us getting married). So there is no recent salary history.

I just don't understand why they want her info, if we got the family members to be joint sponsors (and they obviously exceed the 125% poverty guideline).

[JERIII 8]

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

By the way, we have both been out of the US for years and thus this is her first job since returning (and us getting married). So there is no recent salary history.

I just don't understand why they want her info, if we got the family members to be joint sponsors (and they obviously exceed the 125% poverty guideline).

Could you tell us exactly what the RFE asks for, and exactly what you previously sent, please?

[Bobby+Umit 161]

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

Yes - when they look at employment/income history, they look at the big picture (out to five years).

If you had joint sponsors, it shouldn't really matter what your wifes income is - since the sponsor, in essesnce, is using their income to sponsor you. If you don't mind the question, how far above the poverty level needed is the joint sponsor?

Without knowing the exact wording of the RFE, your wife may need to get an employer letter, stating salary, length of service, and outlook down the road (there is an example in the guides above).

She should also write a short statement about her work history (just started new job, last employment, etc).

Can you post the exact RFE wording?

[Eric-Pris 1,606]

Even though you have a joint sponsor, your wife needs to fill out an I-864 since she'd the primary sponsor, even if her income is insufficient or recent. A lot of people forget the main sponsor's form because the main sponsor doesn't qualify and they are using a joint sponsor.

[payxibka 10,045]

FWIW, many USC's assume (wrongly I might add) that if they are not residing in country that they are exempt from filing US income tax returns... The US taxes its citizens on there worldwide income..... Your wife may or may not have had to file annual returns during her absence... this might be another hurdle you will need to "clean up" depending on your circumstances

[freelancer 0]

FWIW, many USC's assume (wrongly I might add) that if they are not residing in country that they are exempt from filing US income tax returns... The US taxes its citizens on there worldwide income..... Your wife may or may not have had to file annual returns during her absence... this might be another hurdle you will need to "clean up" depending on your circumstances

Hi. Thanks everyone for your comments and suggestions. Yes, the RFE requested all of what you mentioned, but in fact I had already submitted all of those items to them in the first package. So it's a surprise they are asking for it again. The ONLY thing that we were not able to provide are the salary pay slips (since my wife only just got the job) and the earlier years of tax returns (we did submit the most recent tax year 1040 form). We also submitted the letter.

Both my wife's salary and the family member's salaries are above the 125% poverty line.

So the ONLY thing that is different is that they may want the previous 4 years' returns, and any salary pay slips (they actually asked for 6 months which is not going to be possible until obviously 6 months into the future).

So I am going to wait 1 more month and submit a few of the pay slips. That's really all we can do since they have everything else. It's a pretty stupid process because I don't see why they don't just ignore my wife's affidavit and just use the family members' (which have all the requirements, including letter, 3 years returns, etc.)

I am going for my biometics in a couple of weeks.

QUESTION: What happens if they still ask for RFE? How is my status changed if the application drags on?

(Also does anyone know how they charge for the tax? Do they backdate from the time I land in the USA or only when I get my green card? Reason is I still earn income from foreign sources, just not in the USA, since I am still running a small business overseas).

[JERIII 8]

FWIW, many USC's assume (wrongly I might add) that if they are not residing in country that they are exempt from filing US income tax returns... The US taxes its citizens on there worldwide income..... Your wife may or may not have had to file annual returns during her absence... this might be another hurdle you will need to "clean up" depending on your circumstances

Hi. Thanks everyone for your comments and suggestions. Yes, the RFE requested all of what you mentioned, but in fact I had already submitted all of those items to them in the first package. So it's a surprise they are asking for it again. The ONLY thing that we were not able to provide are the salary pay slips (since my wife only just got the job) and the earlier years of tax returns (we did submit the most recent tax year 1040 form). We also submitted the letter.

Both my wife's salary and the family member's salaries are above the 125% poverty line.

So the ONLY thing that is different is that they may want the previous 4 years' returns, and any salary pay slips (they actually asked for 6 months which is not going to be possible until obviously 6 months into the future).

So I am going to wait 1 more month and submit a few of the pay slips. That's really all we can do since they have everything else. It's a pretty stupid process because I don't see why they don't just ignore my wife's affidavit and just use the family members' (which have all the requirements, including letter, 3 years returns, etc.)

I am going for my biometics in a couple of weeks.

QUESTION: What happens if they still ask for RFE? How is my status changed if the application drags on?

(Also does anyone know how they charge for the tax? Do they backdate from the time I land in the USA or only when I get my green card? Reason is I still earn income from foreign sources, just not in the USA, since I am still running a small business overseas).

I don't mean to be a pain, but you did not actually tell us exactly what the RFE says. If you do so, we might be better able to help.

If you don't understand exactly what they want, and they think that what you send them is not a response to the RFE, they will quite likely deny your petition, rather than sending another RFE.

Did you explain why your wife (she's the USC, correct?) did not file returns in previous years? (Your income is not the main point.) From the instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[freelancer 0]

Hi. The RFE asks for "all supporting tax documentation" for the petitioner's I-864. It also says that there is no proof that the petitioner's income exceeds 125% of the poverty guideline and asks for a letter from the employer and pay stubs for 6 months.

Note that this is totally separate from the family members' I-864 which should have all the requisite info (as mentioned, I think it's a bit redundant/silly that they are ignoring the family I-864s and just focusing on the inadequacy of my wife's I-864).

On my wife's I-864, on the first point, all AVAILABLE documentation was sent to them. This included the 1040 for 2008, and a letter from the employer stating the salary, etc.

On the 2nd point, as above, we sent what we could, including the letter that the RFE is asking for. So, we take it either the first letter was insufficient and they want another letter, or they didn't even read that letter.

So, right now, what we are doing is 1) waiting another month to collect more pay stubs, 2) getting her boss to write another more detailed letter and 3) backfiling her 1040s for 5 years. Note that we ALREADY explained in a letter why we did not backfile all 1040s in previous years.

It just makes it so much harder when they do not give us SPECIFIC reasons why our submitted information is insufficient. E.g., they could have said your letter is missing XYZ data, or your explanation is not sufficient because of XYZ, or we are not looking at your family member's I-864 at this time because of XYZ.

By the way, they didn't even tell us whether the insufficient data refers to my wife's or the family members'. We are guessing it's my wife's because all documetation is complete for the family members'.

Another troublesome and worrying step in the long Visa Journey.... :-)

[msu17 0]

I didnt have to call for AOS, but for K1, you can call USCIS and follow the prompts for RFE. This usually puts you through to someone who isn't the typical idiot at the call center but someone who can actually access your case and has relatively correct info. I would at least try that and see what happens. Make sure you follow the RFE prompts though, otherwise you get stupid people.