RFE on I-864

[seth2013 39]

Hello, I originally filed my I-864 using property that are in a trust. However, the appraisal of the property was not recent enough, and I received an RFE

Now, though, it seems like there might not be enough time to get another appraisal done, as there isn't one in the area the property is located in. The closest ones are booked out for the next two months anyway (I called). Now I think the only option for me is to use rental income on that same property. I didn't use it before because it was difficult to locate the rental agreements (lost, oops!), but I have them now.

I think I need these to refile this I-864:

-Rental agreements from the property

-Deed for the property, showing ownership

-Taxes for the last three years, for myself and the trust

-Mortgage document????

Do I need anything else? Will I be checking Self-employed, or unemployed since this income goes to a trust?

Thanks everyone for your help! Hopefully someone here has used rental income!

[grrrrreat 109]

Hello, I originally filed my I-864 using property that are in a trust. However, the appraisal of the property was not recent enough, and I received an RFE

Now, though, it seems like there might not be enough time to get another appraisal done, as there isn't one in the area the property is located in. The closest ones are booked out for the next two months anyway (I called). Now I think the only option for me is to use rental income on that same property. I didn't use it before because it was difficult to locate the rental agreements (lost, oops!), but I have them now.

I think I need these to refile this I-864:

-Rental agreements from the property

-Deed for the property, showing ownership

-Taxes for the last three years, for myself and the trust

-Mortgage document????

Do I need anything else? Will I be checking Self-employed, or unemployed since this income goes to a trust?

Thanks everyone for your help! Hopefully someone here has used rental income!

I haven't used rental income, but I think you should check self-employed and write "as a landlord". Instead of copies of the tax returns, I would order tax return transcripts from the IRS. They come very quickly and they are preferred by USCIS, especially when individuals may have complicated tax filings. It ensures that no schedules or worksheets in the return is left out or misplaced. http://www.irs.gov/individuals/article/0,,id=232168,00.html

As secondary evidence of your income, I would include the rental agreements showing the income. It would be helpful if the total amount of the rent adds up to close to your total income as reported on the 1040. I would include the deeds showing ownership in you or the trust. Finally, I would include a document from the trust showing that you are the beneficiary of the income. This is probably overkill but it's good to go overboard in response to an RFE.

It's easier to sponsor on I-864 using income than assets anyway, as you need a larger amount of assets and you have to prove that they could be liquidated if need be. I would imagine that could be problematic if some of the assets are tied up in a trust.

[seth2013 39]

I haven't used rental income, but I think you should check self-employed and write "as a landlord". Instead of copies of the tax returns, I would order tax return transcripts from the IRS. They come very quickly and they are preferred by USCIS, especially when individuals may have complicated tax filings. It ensures that no schedules or worksheets in the return is left out or misplaced. http://www.irs.gov/individuals/article/0,,id=232168,00.html

As secondary evidence of your income, I would include the rental agreements showing the income. It would be helpful if the total amount of the rent adds up to close to your total income as reported on the 1040. I would include the deeds showing ownership in you or the trust. Finally, I would include a document from the trust showing that you are the beneficiary of the income. This is probably overkill but it's good to go overboard in response to an RFE.

It's easier to sponsor on I-864 using income than assets anyway, as you need a larger amount of assets and you have to prove that they could be liquidated if need be. I would imagine that could be problematic if some of the assets are tied up in a trust.

Thank you so much for your response, it looks like I'm on the right track at least. I'm a bit less worried about this whole thing now!

I may also try to get my husbands income in there somehow, since you suggested overkill. He just started working at an IT place part time- a letter from the employer stating a projected salary and that he will continue working there after getting his GC is fine, correct? I think I have read that, just double checking everything. I want to get this right!!

[grrrrreat 109]

Thank you so much for your response, it looks like I'm on the right track at least. I'm a bit less worried about this whole thing now!

I may also try to get my husbands income in there somehow, since you suggested overkill. He just started working at an IT place part time- a letter from the employer stating a projected salary and that he will continue working there after getting his GC is fine, correct? I think I have read that, just double checking everything. I want to get this right!!

Yes, as long as his current income will continue from the same source it counts. If his income exceeds the guidelines for your household size, you wouldn't need to prove rental income at all. A letter from an employer plus a paycheck stub is sufficient to prove his new income. I would also include a copy of his employment authorization so that USCIS knows he is lawful to work.

Just include his income on the same I-864 that you're filing with the supporting evidence. If he hasn't jointly filed taxes with you, include a statement explaining why (such as because he only recently entered the U.S., or he was in the U.S. but had no income). The statement should also say his current income will continue after he becomes an LPR. Again, this is overkill but good to provide redundant evidence in response to an RFE.

Edited June 6, 2012 by grrrrreat