I-864ez RFE please help

[Anyavi 0]

First of all, thank you for reading and helping.

I send I-485 package last month including I-864ez because I thought my petitioner (my husband) meet all the requirement. However, I got a RFE last night showing :

X The petitioner/sponsor on form I-130 or form I-129F has submitted form I-864ez, affidavit of support. However, the petitioner/sponser's income listed on the income tax return provided does not meet or exceed 125% of the poverty line. The petitioner/sponser cannot submit form I-864ez to satisfy the affidavit of support requirement. The petitioner must submit a completed and signed form I-864 affidavit of support and all supporting documents. Even if a joint sponser will be used the petitioner must submit form I-864.

Our household size is 5 (my husband, I and his 3 kids)

125% of household size 5 is 33,376

My husband annual income is 35,xxx

But the last 3 years tax return, he filed married joint taxes return with his ex wife.

So, I'm not sure the point of uscis that I can't used I-864ez because of his income doesn't meet 125% like in the paper said or because of he file taxes last year with his ex wife.

Thank you for helping.

[Nich-Nick 3,354]

First of all, thank you for reading and helping.

I send I-485 package last month including I-864ez because I thought my petitioner (my husband) meet all the requirement. However, I got a RFE last night showing :

X The petitioner/sponsor on form I-130 or form I-129F has submitted form I-864ez, affidavit of support. However, the petitioner/sponser's income listed on the income tax return provided does not meet or exceed 125% of the poverty line. The petitioner/sponser cannot submit form I-864ez to satisfy the affidavit of support requirement. The petitioner must submit a completed and signed form I-864 affidavit of support and all supporting documents. Even if a joint sponser will be used the petitioner must submit form I-864.

Our household size is 5 (my husband, I and his 3 kids)

125% of household size 5 is 33,376

My husband annual income is 35,xxx

But the last 3 years tax return, he filed married joint taxes return with his ex wife.

So, I'm not sure the point of uscis that I can't used I-864ez because of his income doesn't meet 125% like in the paper said or because of he file taxes last year with his ex wife.

Thank you for helping.

Did you send any proof of his income besides the tax return or tax transcript? If not, then when they look at a joint tax return, all the income is lumped together. There is no way to verify what he earns by himself. If there is nothing to verify his salary like his w2, an employer letter, and maybe 6 recent paystubs, then they don't have enough information to approve. Even if he did an I-864, they will still need to see other proof of his income because a joint return with the ex-spouse might include her income as far as they know.

Edited November 28, 2012 by Nich-Nick

[Anyavi 0]

Thank you for your reply. You are so right, I didn't include any of that (letter of employment, pay stubs) with the package that I sent. However, I got RFE with 2 point.

(X) the petitioner income on the federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner lists their current income on form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Please submit evidence of the petitioner current income. Such evidence should include:

- letter of employment

- date of employment

- :

- :

- pay stubs or other documentation of pay for the previous 6 months

(X) The petitioner/sponsor on form I-130 or form I-129F has submitted form I-864ez, affidavit of support. However, the petitioner/sponser's income listed on the income tax return provided does not meet or exceed 125% of the poverty line. The petitioner/sponser cannot submit form I-864ez to satisfy the affidavit of support requirement. The petitioner must submit a completed and signed form I-864 affidavit of support and all supporting documents. Even if a joint sponser will be used the petitioner must submit form I-864

So, I understand the first point that I have to send my husband letter of employment and pay stubs for the last 6 months. But I don't understand the second point that they need I-864 instead of I-864ez because of 125% or because he filed joint taxes with his ex spouse which might not be able to do I-864ez.

Should I looking for joint sponser?

Thanks

[KayDeeCee 4,896]

Use the I-864 like the guide here on VJ lists and the USCIS is asking you for. The I-864EZ instructions state you had to have filed an I-130 to use that form. If you are adjusting from a K-1, then you need to use the I-864.

Supply an I-864 and the supporting evidence they are asking for to prove his income. If his W-2, employment letter and pay stubs prove the income amounts he is listing and they are over the 125% requirement, then there should not be a need for a joint sponsor. They just need to see his individual income from the joint returns plus documentation of his current annual income.

[Anyavi 0]

Thank you for your information. I did filed i-130 because I apply adjust status based on marriage. Sorry that I didn't mention it before. It is bona-fide married though.

Another question. We have no problem with all the paper of his income this year. The problem his last year 1099 is with his ex spouse and she doesn't want to give it to him. So, we sent tax transcript from IRS to prove his last year income. Do I really need his last year 1099?

Thanks.

[C-ma'am 684]

**Moved from AOS from family visas to AOS from Work, Student & Tourist.

[N-o-l-a 7,168]

Thank you for your information. I did filed i-130 because I apply adjust status based on marriage. Sorry that I didn't mention it before. It is bona-fide married though.

Another question. We have no problem with all the paper of his income this year. The problem his last year 1099 is with his ex spouse and she doesn't want to give it to him. So, we sent tax transcript from IRS to prove his last year income. Do I really need his last year 1099?

Thanks.

Check his divorce paperwork. She may be required to provide the tax paperwork to him. If so, send a certified letter asking for them and if she doesn't comply take her to court.

[Nich-Nick 3,354]

Thank you for your information. I did filed i-130 because I apply adjust status based on marriage. Sorry that I didn't mention it before. It is bona-fide married though.

Another question. We have no problem with all the paper of his income this year. The problem his last year 1099 is with his ex spouse and she doesn't want to give it to him. So, we sent tax transcript from IRS to prove his last year income. Do I really need his last year 1099?

Thanks.

A tax transcript does not need any other documents sent with it normally, but in his case it shows combined income with another person so his 1099 would have helped you not get an REF by listing his part. He is meeting the requirement of a tax return by sending the transcript, but you still have to provide good proof of his separate income in other ways if he can't get a 1099. Maybe the employer can provide him a copy, but the other things mentioned should be enough to prove his current income.

I think the box ticked about the EZ form is just a generic thing and not totally personal to you. The EZ version is for no joint sponsors and no use of assets...only his current salary. You did not prove his current income, so you didn't prove he earns 125% of the poverty level. It's yes or no to them...pass or fail. As far as they are concerned, he fails to meet the requirements based on what they have seen. So they tick that box. I think he was certainly eligible to use the form, but they haven't seen enough proof yet to approve it.

[Anyavi 0]

Thank you everybody, sooooooo much. I really appreciate it