RFE Form I-864 problem

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Everything seemed to be going smooth, just did our biometrics walk-in on Tuesday. Today got a yellow RFE from the I-485 packet.

The form says we need to submit a signed and completed Form I-864 for the petitioner and submit tax returns. Or if we have submitted the version of Form I-864 it was not the current version.

Just ran through the packet we sent in. It contained everything required. Signed forms, tax returns, pay stubs, letter from current employer, etc.

They specifically say if we did submit the Form I-864 be sure its the form with a revision date of 3/22/13. Double checked the version of the form, its the most current.

Any advice on how to handle? I don't want to just submit the same papers we already filed, but everything was on point the first time.

[Harpa Timsah 13,258]

Something was wrong; figure out what it is. If they sent a RFE it was not "on point." Were the tax returns complete? I even remember some issue with them from your previous threads. If you just send the same things back you will be denied.

[Darnell 8,478]

should be 6/23/2013 on the revision date, yes?

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Something was wrong; figure out what it is. If they sent a RFE it was not "on point." Were the tax returns complete? I even remember some issue with them from your previous threads. If you just send the same things back you will be denied.

I have copies of everything I scanned in before sending in. Seems its all here. Possibly something got lost in the shuffle on their end. If I don't send the exact same not sure how to do it any better. Would this be something I could clear over the phone or would I need an infopass appointment?

Form I-864 Petitioner Affidavit of Support with Supporting Documents

- Copy of Petitioner’s Passport (Biographic Page)

- Letter from Petitioner's employer verify current employment status

- Petitioner's Paystubs to confirm Year to Date earnings

- Petitioner’s Federal Tax Returns for 2012, 2011, and 2010

Form I-864 Co-Sponsor Affidavit Of Support with Supporting Documents

- Copy of Co-Sponsor’s Passport (Biographic Page)

- Letter from Co-Sponsor's employer verify current employment status

- Co-Sponsor's Paystubs to confirm Year to Date earnings

- Copies of Co-Sponsor’s 2012, 2011, and 2010 Federal Tax Returns and W2's

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should be 6/23/2013 on the revision date, yes?

It says 3/22/13 on the revision date. I sent everything in early June, so if it has been revised recently it was after I submitted it.

[bigdog 376]

Try using the new form, I think Darnell is usually correct. Double and triple check everything, W-2's? Mmaybe send tax transcripts also?

[Darnell 8,478]

ya, that I-864 is usually scanned in first, and then reviewed.

From what I've been reading here, if people send in the earlier form (even if all complete and correct) and

the new I-864 scanning template is used,

well, it'll kick out with lots of errors.

The fix for 'that' was to send in the new form with all tax data and stuff.

maybe do a page count? the prior I-864 is 8 pages, the current I-864 is 9 pages.

I can't say when the official change over date was, for USCIS using the 'new template for scanning' on the I-864. I know it was a PITA at NVC, but that's NVC and not USCIS, delaying things upwards of 2 months at NVC. I got lucky , sending in the prior version and NVC was still using the prior version I-864 scanning template.

So, for now, I say - send in a 9 page I-864 with all the stuff. on each human (you have 2, as I recall) with

a cover letter asking exactly what the problem was, and asking if they are using the prior template or the current template for scanning.

alternatively, you can telephone USCIS on Monday, get an ISO, and go over form versions and scanning template versions. Be prepared for a shock with an ISO, they rarely get such technical questions, and no, you not want a service request to get 'the answer' - that just delays stuff further.

Edited July 13, 2013 by Darnell

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ya, that I-864 is usually scanned in first, and then reviewed.

From what I've been reading here, if people send in the earlier form (even if all complete and correct) and

the new I-864 scanning template is used,

well, it'll kick out with lots of errors.

The fix for 'that' was to send in the new form with all tax data and stuff.

maybe do a page count? the prior I-864 is 8 pages, the current I-864 is 9 pages.

I can't say when the official change over date was, for USCIS using the 'new template for scanning' on the I-864. I know it was a PITA at NVC, but that's NVC and not USCIS, delaying things upwards of 2 months at NVC. I got lucky , sending in the prior version and NVC was still using the prior version I-864 scanning template.

So, for now, I say - send in a 9 page I-864 with all the stuff. on each human (you have 2, as I recall) with

a cover letter asking exactly what the problem was, and asking if they are using the prior template or the current template for scanning.

alternatively, you can telephone USCIS on Monday, get an ISO, and go over form versions and scanning template versions. Be prepared for a shock with an ISO, they rarely get such technical questions, and no, you not want a service request to get 'the answer' - that just delays stuff further.

Did a page count, the version submitted had nine pages.

Actually the RFE said needed to use the current version which was updated on 3/22/13.

The RFE letter stated the petitioner needed to submit From I-864 which was current, we did submit one for myself (the petitioner) and for the co-sponsor. Both were the same version of Form I-864. So wouldn't the RFE mention that both the sponsor and co-sponsor's I-864 need to be the current version? Seems weird that the co-sponsor's was accepted and the sponsors was not accepted, even though they were the same current version.

So really not sure what the problem is. I guess I will just print them off again and send with a cover letter as suggested. All I can think is somehow they over looked or dropped a page or pages???

Thanks for the feedback Darnell!

[Harpa Timsah 13,258]

The petitioner needs W2s and ALL related schedules and forms. A complete tax return. Do you have that? Your list shows W2s as a separate thing for the co-sponsor but not for the petitioner.

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The petitioner needs W2s and ALL related schedules and forms. A complete tax return. Do you have that? Your list shows W2s as a separate thing for the co-sponsor but not for the petitioner.

For both myself (the petitioner) and the co-sponsor we submitted 2010, 2011, 2012 complete tax returns, ytd income statements and letters from employers to verify current employment.

For the co-sponsor all W2's and 1099's were submitted.

I have worked overseas since 2007 so all my income was foreign earned income with no W2's or 1099's. Along with my tax returns I also submitted IRS Form 2555 for each year, which explains my income situation overseas. I attached a statement at the end of the I-864 paperwork explaining no W2's or 1099's for myself due to foreign earned income.

[ceadsearc 516]

Maybe it is appearing to them to not be a complete tax return? I would order a tax transcript from IRS. This includes everything and is better in this situation.

If you're really unable to figure out the discrepancy, considering scheduling an infopass and see if an IO can help you sort it out.

[Darnell 8,478]

ah - foreign income.

it may be that the reviewer not know what they were doing.

I say talk with an ISO on Monday, have a longish talk about yer document list and the fact you included F2555 and see what the ISO says.

Nota Bene: The ISO isn't the first human that answers the phone - you gotta ask for an ISO from the CSR. Be prepared for a longish wait, as well.

Query - in the address inside of the RFE, what city was listed in the return address?

Edited July 14, 2013 by Darnell

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ah - foreign income.

it may be that the reviewer not know what they were doing.

I say talk with an ISO on Monday, have a longish talk about yer document list and the fact you included F2555 and see what the ISO says.

Nota Bene: The ISO isn't the first human that answers the phone - you gotta ask for an ISO from the CSR. Be prepared for a longish wait, as well.

Query - in the address inside of the RFE, what city was listed in the return address?

Yea lets hope its was an issue with the reviewer not being familiar with foreign income.

I'm on hold now waiting for an ISO, still more than 150 minutes to go haha.

I'm supposed to respond by submitting to Lee's Summit.

[Darnell 8,478]

any news?

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any news?

The ISO couldn't tell me much really. Just said if I'm sure I included everything and its easy to send again do that.

So today I'm sending the entire I-864 again with tax returns, ytd's, W2's, etc.

Let's hope things move forward smoothly! haha