RFE I-864 what to include

[Rmv0311 1]

Hi all,

I have a few questions.

I have gotten an RFE asking for:

1.- A complete federal income tax return for the most recent year

2.- the petitioner income tax does not meet or exceed 125% of poverty guideline so they meet employer letter

My thing here is:

I swear that I included my income tax in there. And I make 40k plus va benefits.

And if they didn't get my income tax than why would they say "the petitioner income tax does not meet or exceed 125% of poverty guideline so they meet employer letter" which it tells me they did get it?

Anyways, when I did my I-864 form I put as annual income about 55k because I added my va benefits, maybe that threw them off and they are looking for an income tax with 55k annually?

And my question is, should I include the income tax transcript this time, with a employer letter and the RFE letter AND a new I-864 form with adjusted annual income of whatever my income tax say or NO I-864 form is necessary and they only what the income tax and letter? What did you guys do when got an RFE? Did u also resend the form?

[Lakehouse 293]

In the threads I've read about checklists on the I864, it's usually suggested to complete an entirely new form and send all the requested information that you were checklisted for... in your case, the tax transcripts which you can get online.

I believe the first item in your checklist is due to the fact they want all schedules and forms in the tax return (if you aren't sending transcripts), so maybe you missed some paperwork. Hence, they are able to see the amount you make but are missing required information.

Remember if you filed a 1040 EZ to use the adjusted gross income, and with the 1040 you'll use total income.

Current income is the expected/anticipated 2014 totals, so be sure to send good proof to substantiate that: employment letter and recent paystubs, and documents about your VA benefits.

Hopefully someone else here can add to what I've suggested.

Good luck!!

[KmOm0629 2]

If they are asking for an rfe the most recent year, they may be asking for your 2013 records, The entire tax return... They asked for my prior 2 years of w2s and the full return from the most recent year. In addition, depends on how many are in your household, they will only accept TAXABLE income, please understand this is extremely important mine got turned down for the same reason, (My lawyer made the mistake of assuming the letter and my checks were the countable income** That is wrong, I found the law in the adjucators book, Sec 212 (a) , somewhere in there is states that. Employer letters just show you got a job...They do not care what it states you make or contracted for, When you petition, add your assets as well, that is what pulled me out of the water, I had 3 dependents. My husband in guatemala, My daugter here, and I. So, remember to count everyone...Assets count, you just have to show proof of ownership, cars, homes, etc. O and bank accounts, if you make that kind of money, send them your most recent Acccount Statements.

[Rmv0311 1]

I am sending the tax transcript from 2011, 2012, and 2013, letter of va, letter of employer, copies of pay stubs and a resubmitted I-864 form noting only what I make yearly from what my taxes say.

I will let them add up the va compensation to my yearly income.

Is this okay?

And lakehouse, u are right my w2 form has a different income "gross" than my transcript "adjusted after 401k etc" so I will put on the I-864 form the total amount from the transcript with is only few thousands less lower than the gross income from my w2.

I hope all this is okay. And kmom, I did included my 2013

[aussie_jason 195]

Sounds like all you had to do was adjust the amount in your I864 to reflect your taxable income and possibly include the tax transcript, including extra documentation especially if it quotes different figures may well result in another RFE. Just keep it simple, once you're above the 125% of the poverty line then you are good so don't complicate it unnecessarily.

[Rmv0311 1]

Okay, because the issue is that I got an RFE for missing tax info on my I-864 form and I am resending that form along with RFE letter and the taxes and I noticed I failed to count my daughter as dependent, so, should I just it and add her to the new I-864, or just leave it at size of household 2 which it is on the form they had(old form that got RFE)

[KayDeeCee 4,893]

If they are asking for an rfe the most recent year, they may be asking for your 2013 records, The entire tax return... They asked for my prior 2 years of w2s and the full return from the most recent year. In addition, depends on how many are in your household, they will only accept TAXABLE income, please understand this is extremely important mine got turned down for the same reason, (My lawyer made the mistake of assuming the letter and my checks were the countable income** That is wrong, I found the law in the adjucators book, Sec 212 (a) , somewhere in there is states that. Employer letters just show you got a job...They do not care what it states you make or contracted for, When you petition, add your assets as well, that is what pulled me out of the water, I had 3 dependents. My husband in guatemala, My daugter here, and I. So, remember to count everyone...Assets count, you just have to show proof of ownership, cars, homes, etc. O and bank accounts, if you make that kind of money, send them your most recent Acccount Statements.

ALL income counts as income. It does not have to be taxable income. You just need to provide documented proof of the income you receive.

OP > You need to send in a complete copy of your most recent return with all forms, schedules, attachments, W-2s and/or 1099s, OR a free IRS tax transcript. Get the transcript to be sure you send them what is required > http://www.irs.gov/Individuals/Get-Transcript

You can add in your non-taxable to your current annual income. Your Total Income from last year's taxes does not have to match your current income amount. They are two different things, unless you are self-employed. List your Total Income amounts on the form where it asks for them. Total Income is line 22 of the 1040, or find the line on your transcript that says Total Income. List your current annual income on the form where it asks for that. You MUST provide proof of the income you claim though. Besides a letter from employer and/or recent pay stubs for your earned income, you need to provide documentation of the VA benefits you receive too. A 1099, benefits letter showing amount you receive and a few months of bank statements to show the exact amounts you get deposited each month. They do not show on your taxes, so you need to provide the documentation, perhaps highlighted and explained.

So, get the IRS transcript, provide proof of ALL of your income, and yes provide an updated I-864 and make sure your household count is correct too.

Edited May 5, 2014 by Jay-Kay

[Rmv0311 1]

Sweet, thank you

I was just afraid if I modified the form they would make me start all over again hehehe

[KayDeeCee 4,893]

Sweet, thank you

I was just afraid if I modified the form they would make me start all over again hehehe

You can include a statement explaining why you are including an updated I-864 and any other documentation you are going to submit with the RFE.