RFE - Retired sponsor

[Martin and Tricia 0]

Hi.

I need some help understanding what uscis specific need from us and what to do.

This is the 3 things they write:

#1 : The Joint sponsor on Form I-864. Affadavit of Support, must submit a complete Federal Income Tax Return submitted to the IRS for the most recent tax year.

If you were not required to file a Federal Income tax return under US tax law, attach a written explanation and if applicable evidence of the exemption and why you are subject to it.

[The sponsor didn't file one for 2010. She is retired. What to do ? I don't know anything about tax returns, and why people sometime don't file one in a year?? Help.?]

#2 : The joint sponsor on Form I864, must submit all supporting tax documentation (W2s, 1099s if retired) submitted to the IRS for the most recent tax year.

[same problem as above. there are non from 2010]

#3 : The joint sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists their current income on form I864 as an amount to be considered as sufficient; however. no evidence has been submitted as proof of current income (2010).

submit evidence :

letter of employment.

Dates of employment

wages and salary etc.

[but again, she is retired, and will ofcourse not have any employment letters etc...we already filed evidence, how much she gets from retirement fund etc. and the household size is 2..her and me the immigrant. that should be $18,387.00 and she over 23,000 in household income...how can this not meet the 125% poverty guidelines ?]

is the big problem in all 3, that she didn't file a tax return for 2010 ?

we are starting to freak out, because we can't find a different sponsor, if they wont accept our sponsor

and also how could i be accepted at the embassy in copenhagen with this sponsor, if they dont want to do it in america ?

[Bobby+Umit 161]

She will need to provide that letter detailing why she didn't need to file taxes. This will cover items 1 and 2.

Then she would need to supply proof of income, bank receipts, retirement pay paperwork, etc... This will cover item 3.

If you can't provide this info - then you need a new sponsor.

[Martin and Tricia 0]

thanks, we will try that. even though i still don't understand item 3, because we already filed her retirement pay and bank receipt...but i guess we will send that again.

[ceadsearc 516]

Did you get an RFE?

[Martin and Tricia 0]

Did you get an RFE?

yes we did. the RFE said the above things.

[Bobby+Umit 161]

thanks, we will try that. even though i still don't understand item 3, because we already filed her retirement pay and bank receipt...but i guess we will send that again.

Since you didn't provide enough info for 1 and 2 - then 3 would be automatically included.

You may need more info for 3 - to show the amount of money coming in and the source.

[JimVaPhuong 4,863]

INA 213A, as well as DHS policy, requires either a copy of the most recent year's tax return, or a letter explaining why the sponsor wasn't required to file a tax return by law. The Adjudicators Field Manual goes into a little more detail about the letter:

Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law.

So, they want the letter to state their income for the relevant tax year, an explanation of why they were not required by law to submit a tax return for that year, and they want the letter signed "under penalty of perjury". This usually means a statement similar to:

"I hereby affirm and attest under penalty of perjury that the foregoing is true and correct to the best of my knowledge."

[ceadsearc 516]

The others have summarized what you need. Since you already got an RFE you need to make certain you include EVERYTHING USCIS has asked for. If they don't find your response adequate, you won't get another RFE, you'll be denied. So double and triple check.

[Martin and Tricia 0]

thanks again. I hope there wont be any problems getting this information.

[Martin and Tricia 0]

we want to make sure that the documents we get are the correct ones, so we are going to have an infopass at one of the offices.

do anyone know, if we just can decide on our own, where its going to be, or does it have to be closest ?

(maybe a stupid question ?) just want this to be right.

[Martin and Tricia 0]

I didn't get an answer on my last question, so I try again.

We want to make an InfoPass Appointment, but want to know if it has to be the field office that is closest to us, or can we forexample go to a different state (we will be there for christmas). ?

[VanessaTony 3,567]

I didn't get an answer on my last question, so I try again.

We want to make an InfoPass Appointment, but want to know if it has to be the field office that is closest to us, or can we forexample go to a different state (we will be there for christmas). ?

Try making an infopass and see if it's an option to pick any office.