RFE Question

[Bumbero 130]

So, I am one of the silly people who sent my wife's AOS packets in without proof of current income and received the RFE today. Yup, I messed up and I'm getting my employment letters together as we speak.

So my questions are:

The RFE also said to send in tax documentation for recent tax year, W2s ,etc. I sent in tax transcripts I printed off the IRS website for the last 3 tax years. Should I still send in my recent tax info, 1040s and W2s, or is the current employment information enough to satisfy what they are asking for? As in the RFE letter is generic and this request pops up when they need proof of current income. May seem like a DUH question but I want to make sure I am 100% confident in what I send them in. I thought transcripts were just fine or does it make a difference they were printed off the IRS website?

Also, the RFE said I do not make 125% of the poverty guidelines. This isn't true either as I am well over it. Is this also because i did not provide proof of current income? I read another post from earlier this week asking the same question BUT like I said I don't want to mess anything up.

Thank you so much for your help!

[CowBoE 429]

Someone can correct me, but I think affidavit of support is more about your current income.

So you need to send in proof for that...such as...

Current job's Paycheck stubs, and employment letter with your salary stated.

But I think they also ask for most recent year's (2013) tax filing (not tax transcript) and W2s.

If you don't meet the 125% guideline, then you will have to submit

additional asset info to make up any income shortage or get a co-sponsor.

The bad news is you got RFE, but on the bright side,

this is not like the K1 visa delay that keeps your fiancée away longer,

you have your spouse next to you.

Good luck.

Edited August 2, 2014 by DualityOneness

[Bumbero 130]

Someone can correct me, but I think affidavit of support is more about your current income.

So you need to send in proof for that...such as...

Current job's Paycheck stubs, and employment letter with your salary stated.

But I think they also ask for most recent year's (2013) tax filing (not tax transcript) and W2s.

If you don't meet the 125% guideline, then you will have to submit

additional asset info to make up any income shortage or get a co-sponsor.

The bad news is you got RFE, but on the bright side,

this is not like the K1 visa delay that keeps your fiancée away longer,

you have your spouse next to you.

Good luck.

Thanks for the reply! We are through with the visa process thank GOD. Now the demon is Adjustment of Status it was an RFE for my wife's status adjustment

[Ed and Gina 45]

Seems that the folks at USCIS don't know what a tax transcript it...send in the 1040 and W2 from the most recent year...unless the instructions say for the last three years. I think that the I-864 wants 3 years...the I-134 (not applicable to you) is only the most recent.

Congrats! Good Luck!

[Bumbero 130]

Seems that the folks at USCIS don't know what a tax transcript it...send in the 1040 and W2 from the most recent year...unless the instructions say for the last three years. I think that the I-864 wants 3 years...the I-134 (not applicable to you) is only the most recent.

Congrats! Good Luck!

Thanks for the reply! I agree with you. I think I'll just send the 1040s and W2s just for CYA. Makes me wonder if they lost my tax info. Oh well! Thanks again!

[KayDeeCee 4,893]

Oh my, misinformation....

Of course the USCIS knows what IRS tax transcripts are. They ask for them in the instructions and accept them all the time. Only the most recent year is required with the I-864. The I-134 technically does not require tax returns at all, unless self-employed. However, the consulates tend to follow the guidelines for the I-864, even when using the I-134 for a K-1, which is why the most recent tax return should be provided with the I-134 as well. You must send a copy of your complete tax return with all forms, schedules, attachments, W-2s and/or 1099s, or an IRS tax return transcript.

Sounds like perhaps they overlooked or misplaced the transcript you sent.

You also need to provide proof of your current income. You can use a letter from your employer and/or recent pay stubs for that.

From the I-864 instructions >http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

5. Current Individual Annual Income.

You may include evidence supporting your claim about your expected income for the current year if you believe that
submitting this evidence will help you establish ability to maintain sufficient income. You are not required to
submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you
may include a recent letter from your employer, showing your employer's address and telephone number, and
indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If
your claimed income includes alimony, child support, dividend or interest income, or income from any other source,
you may also include evidence of that income.

7. Item Number 14. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income
tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to
maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns
for the three most recent years.

[sweetswinks 400]

Paystubs and a letter from your employer are current income, tax transcripts are not. Please read KayDeeCee's post!

[Bumbero 130]

Thanks everyone! I understand what it's all about now. I appreciate your advice/assistance.

[KatyF28 0]

Hello bumbero, is there any update on your RFE? Did they approved you're GC?

[Calikitkat 16]

Hi! I was wondering when you get a RFE do you need to send the required evidence to the sane address as the application? The chicago lockbox? Or is it already at a local uscis office your application? Is it the office where you have your biometrics? I wanna sent in some more evidence of joint accounts and such in order to hopefully get an interview waiver. Thank you so much!

[KayDeeCee 4,893]

If you get an RFE, it will state the address as to where to mail it.

If you are talking about simply sending in proof of marriage documents to try and match up with your file, then do not bother. Adding extras does not get you an approval without interview. Besides, those being approved without interview are typically waiting months longer than those having interviews. There is about a 50% chance of being approved without interview. It is not based on whether or not you sent in extra documents that are not required.

[Bumbero 130]

Hello, we sent in exactly what KayDeeCee posted above. The RFE was accepted and we are now waiting for our interview to be scheduled. Good luck!

Also, the RFE will include instructions where to send the requested information.