RFE I-864

[pat7755 2]

Hello,

I have not posted since I was in the K-1 process. My wife (fiance at the time) has since arrived and we got married in october and are living very happily! We filed for Adjustment of Status and for her I-765 early November. I just got an RFE today stating that they cannot process her I-485 until we submit the required evidence. They said that I do not meet the 125% of the poverty line so I need to provide my assets or get a joint sponsor. Luckily I've had a joint sponsor lined up as a backup all along because I am on the border of 125%. I had my joint sponsor fill out a I-864. I just want to double check that when they ask for individual annual income on the I-864 that they want total income from line 22 on IRS 1040 and not adjusted gross income. I put his total income but just want to be sure this is correct because there is about a $5,000 difference between his total income and adjusted gross income. He has a household size of 7 but makes over 100,000 a year so he makes nearly double what is required as per poverty guidelines. Do I need to include anything else with the copy of his most recent tax return as far as proof of income? I want to send it out tomorrow and dont really want to waste time getting a letter from his work if it isn't necessary since its obvious he makes enough. I am going to include the RFE they sent with the package when I send it. Should I label the package I-485 Request For Initial Evidence Response or something? Thanks!

[KayDeeCee 4,893]

The section for current annual income and Total Income from tax returns are separate things. If your joint sponsor is self-employed, then yes, the current annual income will also be line 22 of the most recent 1040. If they are an employee, then they list their current income, not what is on the last tax form, and provide a letter from employer and/or recent pay stubs to prove that income.

A joint sponsor also needs to provide proof of being a USC or LPR.

[pat7755 2]

Thank you for the clarification. One more question- my joint sponsors annual salary is 90K with bonus incentives. On his w2 his wages state 106K. Do I use his wages inclusive of bonuses or the 91k?

[KayDeeCee 4,893]

I would show his actual annual income of 90k, unless he can get an employer letter that states a certain amount in bonuses is guaranteed each year. That is still double the amount needed for a household of 7. The higher amount will be seen on the tax transcript he submits and in his last 3 years of total income from his returns.