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Posted (edited)

Hello everyone.

We just got an AOS RFE quoted as follows:

RFE (1)

The sponsor on Form I-864 must submit all federal income tax documentation submitted to the IRS for the most recent tax year.

My question is, why they didn't accept the Employee W-2 Wage Summary 2008 which we submitted. For years 2006 and 2007 we submitted the Wage and Income Transcript. Are "Wage Summary" and "Wage and Income Transcript" different documents? Should we get "Wage and Income Transcript" for 2008? We weren't able to get it (Wage and Income Transcript for 2008) because the last time we acquired the docs were last Dec 2008 in preparation for my visa interview and I guess transcripts for 2008 arent available yet at that time.

RFE (2)

The sponsor's income does not meet or exceed 125% of the poverty guideline. The sponsor lists their income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. In order to process your application further, submit evidence.... which include.. (i) Letter of employment, and (ii) Pay Stubs..

Again, my question is, is this related to RFE (1)? Did this mean actually that because we didn't submit the right income tax documentation that they did not consider the current income we have put in I-864 meets 125% of poverty guideline?

Also, in I-864, we have put a current income of $29,120 based on the letter of my husband's employer, which we didnt submit in the AOS package. BUT then, the Wage Summary which we submitted indicates a wage of $27,936.27. So maybe, I was thinking, the inconsistency must have led to the RFEs? But why would they put "does not meet poverty guideline" when both figures meet the guideline whichever ou use?

We have 90 days to submit them all.

Hoping to hear from everyone. Thanks. :)

Edited by giL & joy
Posted (edited)

1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

Edited by Bobby_Umit

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

Posted
1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

1) Sorry, what's 1040 again? Ugh, no we didnt submit that. So what should we submit now for the RFE? Would a transcript be better?

2) Our 2008 met the poverty level at $29~ k (as we have indicated in I-864) or even with the W-2 indicating $27~ k. So why do they make it sound that we didnt meet the guideline? Anyway, we can submit what they indicated we submit. It's just confusing.

Filed: Timeline
Posted
1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

1) Sorry, what's 1040 again? Ugh, no we didnt submit that. So what should we submit now for the RFE? Would a transcript be better?

2) Our 2008 met the poverty level at $29~ k (as we have indicated in I-864) or even with the W-2 indicating $27~ k. So why do they make it sound that we didnt meet the guideline? Anyway, we can submit what they indicated we submit. It's just confusing.

In RFE #1, Did you file tax returns for the years requested? If so, you need to provide IRS transcripts, or photocopies of your signed tax returns with all attatchments, and W-2's

In RFE #2, They are looking for you to prove your current income, by a letter from your current employer as to your prospects for continuing employment and expected salary. They are also asking for recent pay stubs showing that you are still employed, and how much you are making each pay period.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

1) Sorry, what's 1040 again? Ugh, no we didnt submit that. So what should we submit now for the RFE? Would a transcript be better?

2) Our 2008 met the poverty level at $29~ k (as we have indicated in I-864) or even with the W-2 indicating $27~ k. So why do they make it sound that we didnt meet the guideline? Anyway, we can submit what they indicated we submit. It's just confusing.

That's exactly what they asked me too...in your husband's tax record you can see the 1040 there..(summary kung panu nacompute yung tax nya,yun yung isinubmit nya when he pay tax) you copy them all....in number 2 dont worry about the poverty guideline pasok kayo dun but you need to submit proof only like:letter of employment paystub for six months..that's all i did and they accepted it...

Posted
1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

1) Sorry, what's 1040 again? Ugh, no we didnt submit that. So what should we submit now for the RFE? Would a transcript be better?

2) Our 2008 met the poverty level at $29~ k (as we have indicated in I-864) or even with the W-2 indicating $27~ k. So why do they make it sound that we didnt meet the guideline? Anyway, we can submit what they indicated we submit. It's just confusing.

Ok - that would explain the RFE (no 1040 - no evidence of income (again, need both 1040/w-2 for evidence - or tax transcripts, which you didn't provide)

which would lead to the second point - no income, can't meet poverty level.

So, once you get your transcripts - which include everything needed, you should be able to show you meet the poverty level and satisfy the RFE.

:)

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

Posted
1. Did you include your 1040 along with the w-2 for 2008? If you didn't - that is why (need both)

2. Perhaps - did the 2008 income meet the poverty level? (you said you put $29~ k or so - that should be more than enough)

1) Sorry, what's 1040 again? Ugh, no we didnt submit that. So what should we submit now for the RFE? Would a transcript be better?

2) Our 2008 met the poverty level at $29~ k (as we have indicated in I-864) or even with the W-2 indicating $27~ k. So why do they make it sound that we didnt meet the guideline? Anyway, we can submit what they indicated we submit. It's just confusing.

Ok - that would explain the RFE (no 1040 - no evidence of income (again, need both 1040/w-2 for evidence - or tax transcripts, which you didn't provide)

which would lead to the second point - no income, can't meet poverty level.

So, once you get your transcripts - which include everything needed, you should be able to show you meet the poverty level and satisfy the RFE.

:)

cool.. thanks! far better when i understand what's happening at least.. :)

 
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