RFE for I-485 Need Help

[vs2011 3]

July 3 - mailed out AOS packet

July 11 - NOA1 for I-485, I-131, I-765

July 13 - Biometreics appointment letter

July 25 - RFE I-485 - I-864 Form lacking evidence (most recent year tax return required, 1099, w-2, etc, and joint sponsor does not meet 125% mark)

I mailed out a I-864 for myself and one for my father since he is the joint sponsor. I have been a student and have no income and I am also listed as a dependent on his 1040 tax return. We also filled out I-864A Contract. Submitted my father's 2010 1040 tax return where it shows he has an income of that year for over $100,000. Yet in the RFE, it states that the joint sponsor's, being my father, income did not meet 125% of the federal poverty line for the joint sponsor's household size. I checked online through the government website and for our household size, his 2010 income was well above the 125% mark. They also asked in the RFE for the most recent year tax return, 1099s, W-2s, etc. but he is self employed and only has a 1040 tax return. Just recently he got his 2011 1040 tax return, so I am assuming they want to see this one instead of the 2010?

Will just mailing my father's 2011 1040 tax return, a letter stating that he is self employed and has his own business suffice in answering this RFE?

Thanks!

[Anh map 2,098]

That's correct, you did not submit proof of current income for Dad. For a self employed person the most recent tax year's form 1040 (and ALL supporting schedules, etc.) is what is used. Specifically line 22 of that tax return is what is used as the income number.

Does line 22 of his 2011 return show an income that meets the requirement for his household plus the intending immigrant?

With you having zero income, dad should submit an I-864, not I-864A as it gives a clearer view of his household (you are included in the count if claimed as a dependent).

Send an I-864 from Dad along with his complete 2011 federal tax return, not just the form 1040 pages.

[vs2011 3]

My father did fill out his own I-864. We just filled out the I-864A together. But now with submitting his 2011 1040 tax return and all other documents with it, I think it should be ok now.

Thank you for your response and help.

[KayDeeCee 4,896]

My father did fill out his own I-864. We just filled out the I-864A together. But now with submitting his 2011 1040 tax return and all other documents with it, I think it should be ok now.

Thank you for your response and help.

The I-864A is used for a qualifying household member to combine their income with the sponsor's that is filling out an I-864 to reach the 125% requirement. That form is not needed from either one of you in your situation.

Your father's I-864 with his 2011 complete tax return documents should do it for satisfying your RFE. So long as he has enough total income listed on line 22 of his 2011 1040 to cover his household size plus the foreign spouse, then you should be good to go for the financials after they receive your RFE paperwork.

[SPSguy 18]

The I-864A is used for a qualifying household member to combine their income with the sponsor's that is filling out an I-864 to reach the 125% requirement. That form is not needed from either one of you in your situation.

Your father's I-864 with his 2011 complete tax return documents should do it for satisfying your RFE. So long as he has enough total income listed on line 22 of his 2011 1040 to cover his household size plus the foreign spouse, then you should be good to go for the financials after they receive your RFE paperwork.

To avoid having to send 1099s and other documents that can easily get lost, misunderstood, or require more RFEs, you and your father can call the IRS and request an official tax transcript for the previous 3 years. They can mail or fax to you right away.

[KayDeeCee 4,896]

To avoid having to send 1099s and other documents that can easily get lost, misunderstood, or require more RFEs, you and your father can call the IRS and request an official tax transcript for the previous 3 years. They can mail or fax to you right away.

Self-employed still need to include a copy of any schedules from their returns, such as Schedule C. This is mentioned twice in the I-864 instructions. For those with a more complex return, it is probably best just to send in a copy of their complete return. The OP does not need to send the last 3 years of returns. The RFE specifically asked for the joint sponsor's most recent tax return for 2011 because they previously only sent the 2010 return and the 125% requirement is based on line 22 of the most recent 1040.