got a yellow letter - tax forms

[cellicelli 0]

Hello!

Many thanks to this forum. I got so much help here when I was working on GC forms 1 month ago.

Unfortunately, 10 days ago, I got a RFE letter from USCIS and I really need some help.

RFE letter is saying 5 things.

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- Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

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

-The joint sponsor on Form I-864, Affidavit of support, must submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the IRS for the most recent tax year.

- 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 I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income;...

- Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the federal poverty line for the joint sponsor's household size.

Submit evidence of assets...

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Here is my story.

I am a F1 visa student (intending immigrant) and my husband (US citizen) is a sponsor. However my husband is a student (no income) so we got a joint sponsor, my mother-in-law. My husband and my mother-in-law completed their own I-864 separately, and my father-in-law (just retired last Sep.) submitted I-864a since my mother-in-law and my father-in-law has been filing their tax jointly. But my mother-in-law is making enough money to be my only joint sponsor. (FYI, my husband is not living together with his parents because he just started his school in different city but I am living together with his parents.)

When we first sent out forms, we just sent the summary of tax return of my mother-in-law and my father-in-law (no w2 and schedules). Now, We have all 3 years of a complete federal income tax return of my mother-in-law and father-in law and ready to be sent to USCIS + a letter of proof of my mother-in-law employment.

Also got W-2s of my husband from his previous works.

Here comes my questions.

1. We just found out we miscounted my mother-in-law's household size. Is it okay to send a new I-864?

2. Since my father-in-law is just retired (from Sep.1, 2013), I am very confused.

When USCIS talking about the joint sponsor above in the letter, do they also consider my father-in-law who submitted I-864a, as my joint sponsor too? If so, what kind of document do i need for my father-in-law? He has a enough monthly income from his retirement fund.

3. Should we count my father-in-law in my mother-in-law's household size?

Thank you very very much for reading this.

If someone would help I would really appreciate it!

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[NigeriaorBust 4,087]

Your mother in laws family size would be 3 Her the FIL and you