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Filed: F-1 Visa Country: Ghana
Timeline
Posted

I received an RFE for the cosponsor I used..The cosponsor filed his tax jointly with his wife and they have a daughter. the total income for 2013 was $52,000. In the I864 form, in the "my current individual annual income" section, he filled $38,000 which is the amount to be made in 2014.

Now my challenge is this, I got an RFE saying and I quote "The joint sponsor's income on the federal income tax return does not meet or exceed 125% of the poverty guidline. The joint sponsor lists their current income on form I-864 as an amount to be conisdered as sufficient; however, no evidence has been submitted as proof of current income" .........( and I submitted all tax transcript for 2013)

The evidence required is a letter from the employer stating the hours, wage or salary earned or I should get another Sponsor.

I decided to get another sponsor and my questions is this

1. Should 2013 income be written as current individual annual income?

2. it states that if i decide to get another sponsor, I should submit all tax transcript and W2 plus proof of citizenship, but did not state letter of employment, why then was employers letter asked for the 1st cosponsor

3. Why is $52,000 not enough for a total household of 4

4. Can I have an unemployed individual who made $30,000 last year as a cosponsor?

Please your advise is sorted here....I am in dilemma.

Posted (edited)

Tax transcripts OR tax returns with any W2 and any other additional documentation are *required* for the current tax year.

He was required to put $52,000 for 2013 as that is considered the most current, not $38,000 for 2014 as we are still in the middle of the year. You provided a transcript for 2013, but wrote down an estimate number for 2014 which does not line up.

In addition, it is *suggested* that you also provide tax information from the two years prior to that. A letter from your employer and pay stubs are also suggested, NOT required.

However, lots of people send in all of the above to cover their basis and avoid RFEs.

Sometimes the USCIS will not require it, but if you can get it, why not send it in?

For my co-sponsor, I sent in the last 3 years of tax transcripts and proof of citizenship and have had no issues thus far. My co-sponsor also made 80K+ for the past 3 years, so with that consistently, the USCIS may not have felt any other evidence/proof was necessary to show income.

In your case, because the numbers didn't line up, the USCIS obviously wanted to get clarification. I see no point getting a new co-sponsor if you can provide them with employment verification, most companies have no issue with that. And fill out a new I-864 with the correct income written for 2013.

Good luck.

Edited by Erica & Lily

AOS:

Green Card Received in 168 Days

ROC

06/17/2016: ROC Mailed via USPS Express in Large Flate-Rate Box to Vermont Service Center (P.O. Box)

06/18/2016: ROC Delivered by USPS

06/22/2016: Check Cashed

06/24/2016: NOA1 Received Dated 06/20/2016

07/09/2016: ASC Appointment Notice Received Dated 07/02/2016 & Scheduled 07/21/2016

07/21/2016: Biometrics Successfully Completed (Birmingham)

05/18/2017: InfoPass Appointment - 1-Year Extension Stamp Received

06/06/2017: ROC Approval Letter Received Dated 05/30/2017

06/14/2017: Green Card Delivered!

Posted

It says it is not good enough because you did not comply with the requirements. You must show proof of current income, either paystubs or a letter from the employer. Get proof of current employment from the current co-sponsor.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

2013 is past income, not current income. You need to include evidence of current (2014) income. $52 000 is enough, but it sounds like there was no supporting evidence to show that the income is still being currently earned.

Such evidence may include recent payslips from 2014, and a letter from the employer stating the joint sponsor currently earns an annual income of X.

To answer your questions:

1. No

2. You must include evidence of current income. Tax transcripts show past income.

3. It is enough. You just needed to provide evidence for the $38 000 for 2014.

4. What is their current (this year's) income?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Duplicate thread merged~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: F-1 Visa Country: Ghana
Timeline
Posted

Tax transcripts OR tax returns with any W2 and any other additional documentation are *required* for the current tax year.

He was required to put $52,000 for 2013 as that is considered the most current, not $38,000 for 2014 as we are still in the middle of the year. You provided a transcript for 2013, but wrote down an estimate number for 2014 which does not line up.

In addition, it is *suggested* that you also provide tax information from the two years prior to that. A letter from your employer and pay stubs are also suggested, NOT required.

However, lots of people send in all of the above to cover their basis and avoid RFEs.

Sometimes the USCIS will not require it, but if you can get it, why not send it in?

For my co-sponsor, I sent in the last 3 years of tax transcripts and proof of citizenship and have had no issues thus far. My co-sponsor also made 80K+ for the past 3 years, so with that consistently, the USCIS may not have felt any other evidence/proof was necessary to show income.

In your case, because the numbers didn't line up, the USCIS obviously wanted to get clarification. I see no point getting a new co-sponsor if you can provide them with employment verification, most companies have no issue with that. And fill out a new I-864 with the correct income written for 2013.

Good luck.

Tax returns not transcript (my bad)...You are probably right, the income did not match as per current annual income and what was written on the form 1040...Thank you for your contribution

 
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