whats going On!!?2nd RFE makes zero sense- stuff already sent in (twice) and then joint sponsor income doesnt meet poverty guidlines (but it does)

[Mochara 2]

His mother claims disability but as far as i know, its only being measured on the joint spnsor-Father in Law's- income. which is well over the poverty guideline.

I spoke to a USCIS officer today and he was the most unhelpful idiot I've ever had the misfortune to speak to, extremely rude too.. He actually wouldnt tell me anything because I'm not the joint sponsor. What I did wrangle from him was that all the evidence listed on the RFE needed to be sent in, even if it already has. I asked him should the joint sponsors Wife- who is unemployed but they file their taxes jointly- should file an I-864A and he said no.

What do you guys think? i've read on here that an I-864A should be submitted by the joint sponsors spouse if they file the IRS forms together, even if said spouse is unemployed? But USCIs genius on the phone this morning said no.

Also, Our application was filed in October 2014. so all the tax stuff We sent in is 2013,2012,2011. Since its a new year, should we change it ALL again and do 2014,2013,2012? It says provide Federal income Return for the most recent Tax year, and technically, that would now include 2014 too. BUT the RFE letter is dated December?

And if it must be modified, does a new I-864 need to be submitted?

Thoughts?

[Mochara 2]

The RFE wants a complete Federal income Return for joint sponsor

Evidence that Joint sponsors income meets the Poverty guidelines

And then it says "Based on the documents submitted, Joint sponsors income does not meet the Poverty guidelines"

So what I currently have, ready to send off is

: IRS Tax income Transcripts for 2013,2012,2011

IRS wage statement Transcript for 2013,2012,2011

W-2's and 1099 for each year

1040 for each year

Pay slips for December, and November 2014

Letter of employment from beginning of joint sponsors employment in 2013

Unemployed Joint sponsors Spouses disability income for 2014,2012 (just for reference really)

RFE letter

Should that suffice?

[N-o-l-a 7,168]

boiler,

We dont have a lawyer. I was denied entry because DHS are idiots, and the particular officer I spoke to just felt like being nasty. I was denied on the ESTA because I had a pending I-130-even though I had travelled with a pending I-130 multiple times before. The officer was young and just started making stuff up really "Oh well the last officer was giving you a break" "just because we let you in before doesnt mean you can go in again". , what so theres literally no written rule against it?! so he gave me the parole card since I was "between status'es" and he told me to make my mind up -either stay in the US and adjust status, or leave but never be allowed in on the ESTA again.

Well, ESTA/VWP is really for people not intending to immigrate.

You filed a I-485, so obviously you did have an intent to immigrate before a visa was issued. Sounds like the guy was doing his job.

As to your issue, it has been seen before and usually relates to not filing a I-864a (or separate proof of income) when the tax status was married filing jointly.

Edited February 6, 2015 by N-o-l-a

[Mochara 2]

Homemaker,

I wasnt intending to immigrate. I was working and studying in Ireland, and tried to visit my husband during the CR-I consular processing like I had done multiple times before, and they denied my Esta, issued a parole, and essentially told me to Stay in the US, or leave and wait outside for god knows how long.

Didnt file the I-485 until they TOLD me to. Until then we had been doing it the legal, normal, by the book way.

Well, ESTA/VWP is really for people not intending to immigrate.

You filed a I-485, so obviously you did have an intent to immigrate before a visa was issued. Sounds like the guy was doing his job.

As to your issue, it has been seen before and usually relates to not filing a I-864a (or separate proof of income) when the tax status was married filing jointly.

Ok so file I-864A, and give details of Joint sponsors Disability income seperate from Joint sponsors?

[N-o-l-a 7,168]

Ok so file I-864A, and give details of Joint sponsors Disability income seperate from Joint sponsors?

You can submit proof of individual income - W2s, pay stubs, and employment letters rather than the I-864a as long as his income is sufficient, but I would again submit full tax transcripts as well.

Edited February 6, 2015 by N-o-l-a

[N-o-l-a 7,168]

Edited to say W2s and tax transcripts for the past 3 years would be needed.

[Mochara 2]

You can submit proof of individual income - W2s, pay stubs, and employment letters rather than the I-864a as long as his income is sufficient, but I would again submit full tax transcripts as well.

Ok. Well. He just recently changed jobs. So We have an employment letter from his new job, but only an old letter from his old job stating terms of employment in 2013. Also, the pay stubs we have are for the old job, none for the new. I suppose just send what we have?

Also, Do you think its necesssary to submit the I-864 again with seperate income listed?? or just send in the required Evidence and they piece it together.

We have his W2's, and 2 recent pay stubs, an old employment letter, a new employment letter for a job he will start next week, and all the Tax transcripts.

Thank you for your help, im getting different answers everywhere but yours make a bit more sense.

[N-o-l-a 7,168]

Ok. Well. He just recently changed jobs. So We have an employment letter from his new job, but only an old letter from his old job stating terms of employment in 2013. Also, the pay stubs we have are for the old job, none for the new. I suppose just send what we have?

Also, Do you think its necesssary to submit the I-864 again with seperate income listed?? or just send in the required Evidence and they piece it together.

We have his W2's, and 2 recent pay stubs, an old employment letter, a new employment letter for a job he will start next week, and all the Tax transcripts.

Thank you for your help, im getting different answers everywhere but yours make a bit more sense.

Rather than assume that they still have it and then you get denied, I would submit the I-864 with all attached evidence together - the 3 years of tax transcripts and 3 years of W-2s as well as the current information and old proof. You can't really over prove something with them. If it were me, I'd also put in a brief cover letter explaining that you are proving his separate income is ample to fulfill the terms of the I-864, this way there is no confusion.

If he has even got proof of payment from the new job like a check or direct deposit, I'd do that too. If you have time, I'd wait for a paystub or that proof of payment. You can be treading on very thin ice without proof of current income.

Edited February 6, 2015 by N-o-l-a

[Mochara 2]

Thanks for all your help, I believe the package i sent has everything and more then theyll need, hopefully.

Posted my stuff out yesterday,


But today got ANOTHER RFE with a different date, basicially asking for 2 out of 3 of the same things the other RFE requested.

Seriously. What is wrong with these people?

Edited February 10, 2015 by Mochara