RFE for form I-864, really confused, help!

[aussie_jason 195]

No, we included the tax returns from 2012, not 2013.

Nobody has tax returns for 2013 yet, the IRS isn't accepting the filing of 2013 taxes until January 31st.

[5Star 5]

Thanks for the prompt reply!!

I guess your case is flying

I have submitted the docs (AOS) on Nov 1st 2013 and still waiting on my biometrics.

Anyways , good luck!!

[dwheels76 5,468]

Someone can feel free to chime in here or correct me if I'm wrong, but doesn't the USCIS reserve the right to also request a joint sponsor if the main petitioner/sponsor just BARELY meets the qualifications regarding the 125% above the poverty guideline? Which could also be why they suggested a joint sponsor or assets, even if your spouse's annual income was exactly $20,000 and you had proof to support that, immigration could still not consider that a sufficient amount and want assets or a joint sponsor as more of a secure financial safety net.

I have seen many couples who had to get a co-sponsor because they were just above the guideline and previous year was below.

many embassies look at last year and this year. It's not just about current but about your working earning history. They want to be assured you wil keep working making above and the immigrant not be a public charge.

[aussie_jason 195]

Thanks for the prompt reply!!

I guess your case is flying

I have submitted the docs (AOS) on Nov 1st 2013 and still waiting on my biometrics.

Anyways , good luck!!

Have you moved or had issues with your mail? You should get your biometrics appointment letter within the first two weeks if there were no glaring issues with your AOS package. Have you checked online to see what the current status is for the various forms? I assume you at least have the NOA-1's for them so you have the receipt numbers?

[5Star 5]

Have you moved or had issues with your mail? You should get your biometrics appointment letter within the first two weeks if there were no glaring issues with your AOS package. Have you checked online to see what the current status is for the various forms? I assume you at least have the NOA-1's for them so you have the receipt numbers?

Hello,

I have not moved or dont have any issue with mail box.

Here is my time line :

Submitted my AOS package on Nov 1st 2013 to Chicago lock box address.

Received mails back with receipt number on 7th of Nov.

Waited for 1 month as i had not received any biometrics appointment letter.

So, i called USCIS on 9th Dec and have them created a service request and then waited for 15 days.. didnt get anything.

So,i called USCIS again on 23rd Dec 2013 and have them created a 2nd service request for biometrics

USCIS has submitted both service requests for biometrics to Buffalo office.

Finally online status updated for i-765 asying we have sent you appointment letter for biometrics on Jan8th 2014 but have not received it.

So,i am not sure if something is wrong in my application or it the workload that keeping me to wait longer than expected.

and what do yo umean by glaring issues? how can i verify?

Thanks for reply!!

[aussie_jason 195]

and what do yo umean by glaring issues? how can i verify?

By glaring issues I meant by leaving out key documentation or not qualifying for obvious reasons but that doesn't seem to be the case otherwise they would have let you know, it would seem like you are having mail issues especially if your online status is updated. I would suggest triple checking your address and ensuring you aren't using a redirect with USPS to forward from an old address as that won't work with USCIS correspondence, it could also be something like your mail getting delivered to your neighbor by mistake. Sorry that isn't much help.

[5Star 5]

By glaring issues I meant by leaving out key documentation or not qualifying for obvious reasons but that doesn't seem to be the case otherwise they would have let you know, it would seem like you are having mail issues especially if your online status is updated. I would suggest triple checking your address and ensuring you aren't using a redirect with USPS to forward from an old address as that won't work with USCIS correspondence, it could also be something like your mail getting delivered to your neighbor by mistake. Sorry that isn't much help.

Thanks for your prompt reply.

But i received all (4) my receipts with case numbers at my same address and same mail box. So, it does not seem issue to me.

But it does not hurt to check with neighbours and i will also verify with USCIS.

Thanks for the suggestions!!

[MyHeartWillGoOn93 8]

So do you all suggest that I (or my husband, rather) write another form I-864, include the tax returns, whatever was missing from it, and include his pay stubs or is there anything else I should include?

Edited January 14, 2014 by MyHeartWillGoOn93

[MyHeartWillGoOn93 8]

Just to update, my husband had given them his CPA which is why, he thinks, they asked for it again!

[aussie_jason 195]

Just to update, my husband had given them his CPA which is why, he thinks, they asked for it again!

He is a CPA (Certified Public Accountant)? I'm guessing not as then you wouldn't be asking these questions but I don't know what you mean by CPA in that case.

[MyHeartWillGoOn93 8]

He is a CPA (Certified Public Accountant)? I'm guessing not as then you wouldn't be asking these questions but I don't know what you mean by CPA in that case.

I think he meant one that he received from the CPA. He's going to tell his boss that he needs his tax return info from 2013 but is this necessary? Does he just need the 2012 one? Because we are in January now, this is confusing me lol.

[coolchicn 5]

I just received an RFE for form I-864 today for 3 reasons according to the letter. I'm really confused and anxious. My questions are in red. Here is what they put:

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

We included that when we sent off our application, so I'm confused as to why they are asking for this again. Is it because we sent it off in December 2013 and we included the one from 2012 so now they want the 2013 one?

2) The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/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.

Please submit evidence of the petitioner/sponsor's current income. Such evidence should include:

• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Wages or salary earned
• Number of hours per week worked
• Prospects for future employment and advancement
• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income. such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Security Benefits

I understand this part because we didn't include my husband's (the petitioner) proof of his income even though it is over $19,387 (I thought we only had to bring this proof of income to the interview). There are only 2 of us and we live in Massachusetts, not Hawaii or Alaska. We put $20,000 on the form because we couldn't remember exactly, but we know his income is actually a bit more than that. Anyway, why would they say that it doesn't meet or exceed 125% of the poverty guideline? Is it because of his tax returns from 2012? He just got an advance on his salary in 2013 which is over $19,387 but his salary from 2012 was below that. Is it because of that?

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

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% of the federal poverty line.

(And then it goes in to what you need).

Again, I'm confused because we put $20,000 on the form which is over $19,387. Is it because we didn't include proof?

We received the SAME exact RFE and was as confused as you are because my husband makes more than the limit. We had originally submitted the 2012 return clearly showing it so it was a little frustrating. So this is what we sent;

-I-864

-2012 tax return WITH W2 attached

-Paystubs for last 6 months. The paystubs showing YTD are best because by December they will be showing all the money made in 2013

-2011 IRS Tax transcript; not required but show steady income

-A printout from their own site showing the poverty guidelines. I underlined 2 person household income for emphasis(LOL)

Needless to say, our case is moving along.

Let me know if you have any questions

[MyHeartWillGoOn93 8]

Okay, my husband got his W-2 from his work from 2013 and his wages, tips etc box says $21,775. Do we need a letter from his employer to say how much he earns a year or is the proof on the W-2? Also, do we need to get his W-2 from 2012? Is there anything else we need attaching to the W-2?

I'm thinking of ringing up USCIS tomorrow and asking them but I'm nervous. Are they nice to you on the phone? Do you think they will still want us to have a joint sponsor even though his income is $21,775?

[Nich-Nick 3,354]

Okay, my husband got his W-2 from his work from 2013 and his wages, tips etc box says $21,775. Do we need a letter from his employer to say how much he earns a year or is the proof on the W-2? Also, do we need to get his W-2 from 2012? Is there anything else we need attaching to the W-2?

I'm thinking of ringing up USCIS tomorrow and asking them but I'm nervous. Are they nice to you on the phone? Do you think they will still want us to have a joint sponsor even though his income is $21,775?

They sent you a list

Please submit evidence of the petitioner/sponsor's current income. Such evidence should include:

• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Wages or salary earned
• Number of hours per week worked
• Prospects for future employment and advancement
• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income. such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Security Benefits

Why would you substitute something else? The first six bullet points are about an employer letter. Seems important to them.

I assume you got a transcript for the 2012 tax return as was discussed earlier in the thread to cover the tax return they rejected. Yes?

[jdh 103]

A w-2 is no different from a letter from an employer and in my opinion is more legitimate.

It is an official document that includes the pertinent information needed to verify income, that will be sufficient for that.

The only other thing you need to do is to send off a copy of your full 2012 tax return. For all you know a page was missing the first time...just send off a full copy.

You do not need to send 2013 tax returns as they are not due yet - they cannot demand them for that reason.

Best of luck and be calm.