Taxes filed married jointly, please help

[V24 21]

We got two RFE's the first being

"Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service from the petitioner/sponsor on Form I-864, for the most recent tax year".

The second asking for extra evidence of income, which we are ok with now.

The problem, we filed our taxes married jointly, however my husband was a student at the time and I had been working on J1 visa so I had income and he did not. We filed months after i ended my work, whilst we were out of the US. I got my tax refund in 2014, it was around $1,100 like i did the year before, the only difference was he is on my taxes.

We included the tax transcript for him for the past 3 years, I also added my W2 to show i made the income. What is the problem here? Is it that my name is at the top of the transcript instead of my husband?

Edited August 17, 2015 by V24

[V24 21]

Could it be that i need to submit a 1864-a even though i am not even a citizen or on a J1 anymore?

[NancyNguyen 1,657]

Your work is no more so you can't include your income on I-864. To use immigrant's income, you must prove your income will be from same source after you receive GC.

If you messed up your I-864 from beginning, you needs to fill another I-864 accurately reflecting your USC spouse's income, even it was zero.

And a joint sponsor I-864 is expected as well.

Good luck.

[newacct 688]

When did you submit it? Which tax years' tax transcripts did you submit? The most recent tax year now would be the 2014 tax year.

Otherwise, I don't know. Maybe they just missed it. It sounds like submitting his tax return transcript for 2014 again should do it.

Edited August 17, 2015 by newacct

[V24 21]

Yes, i am referring to the 2014 taxes. My husband had $0 income the whole tax year, I however made income for about half of it. His current income is now $65,000 but the 2014 taxes show only my income since he started working only 3 months ago, he was a student, as was I. So his I-864 says $65,00 yet his latest taxes show about $12,000 which was intact my income as we filed jointly, confusing right?

So far we plan to just submit our joint transcript again, with my W2 and a letter stating I was on a J1 hence why i had income and got a return etc. It is very stressful knowing this is out last chance and we are not sure what they want

[newacct 688]

Yes, i am referring to the 2014 taxes. My husband had $0 income the whole tax year, I however made income for about half of it. His current income is now $65,000 but the 2014 taxes show only my income since he started working only 3 months ago, he was a student, as was I. So his I-864 says $65,00 yet his latest taxes show about $12,000 which was intact my income as we filed jointly, confusing right?

So far we plan to just submit our joint transcript again, with my W2 and a letter stating I was on a J1 hence why i had income and got a return etc. It is very stressful knowing this is out last chance and we are not sure what they want

If you have the tax return transcript, you shouldn't need a W-2 or anything else. The tax return transcript is enough to satisfy what they're asking for.

[V24 21]

Yeah that's what we sent, but they sent us an RFE asking for "Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service from the petitioner/sponsor on Form I-864, for the most recent tax year".

We have sorted out a joint sponsor and have his transcripts coming soon, since our income hasn't got enough evidence due to being a new job.

Why would they want us to send the transcript again? Do they possibly just mean the joint sponsor if we include one? This is a whole new RFE though so i doubt it.. sigh.

[NancyNguyen 1,657]

Yeah that's what we sent, but they sent us an RFE asking for "Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service from the petitioner/sponsor on Form I-864, for the most recent tax year".

We have sorted out a joint sponsor and have his transcripts coming soon, since our income hasn't got enough evidence due to being a new job.

Why would they want us to send the transcript again? Do they possibly just mean the joint sponsor if we include one? This is a whole new RFE though so i doubt it.. sigh.

Welcome to USCIS, everything is pre-printed letter so you are not alone, many people were rfe for what they had already submitted. Just proceed with joint sponsor I-864. You should fill another I-864 reflecting your husband current income alone along with an explanation letter that his last income was 0 but he has new job now with sufficient income. Good luck.

[V24 21]

His I-864 did have only his income alone which he currently makes, I don't currently have income. So no errors were made there but i will submit a letter stating he was a student whilst i made income, which is why the 2014 taxes have $12,000 and not $65,000 sounds good? Along with the joint sponsor and evidence.

Thanks for all your help tonight btw, we really appreciate it.

[NancyNguyen 1,657]

His I-864 did have only his income alone which he currently makes, I don't currently have income. So no errors were made there but i will submit a letter stating he was a student whilst i made income, which is why the 2014 taxes have $12,000 and not $65,000 sounds good? Along with the joint sponsor and evidence.

Thanks for all your help tonight btw, we really appreciate it.

In my opinion, I thought you misunderstood one important thing. I-864, part 6.2 is not as same as part 6.19a (which is most recent tax return.)

It is fine you explain that income number on a letter and that he just got new job with sufficient income. But I would urge you to redo your husband's I-864 with part 6.2 is his current salary ($60K as you mention.) And submit it along with his current pay stubs (as many as you can collect) his job contract stating position as well as annual salary after tax withholding, W2s...

Once again, current income is what MATTERS. And I think you don't need a joint sponsor at all, but you need to highlight his current income is absolutely sufficient. Good luck.

[V24 21]

In my opinion, I thought you misunderstood one important thing. I-864, part 6.2 is not as same as part 6.19a (which is most recent tax return.)

It is fine you explain that income number on a letter and that he just got new job with sufficient income. But I would urge you to redo your husband's I-864 with part 6.2 is his current salary ($60K as you mention.) And submit it along with his current pay stubs (as many as you can collect) his job contract stating position as well as annual salary after tax withholding, W2s...

Once again, current income is what MATTERS. And I think you don't need a joint sponsor at all, but you need to highlight his current income is absolutely sufficient. Good luck.

Yeah his I-864 does state he currently makes $65k, so i don't need to re-submit as it would be the same? we did include employment letter and the pay stubs we have. I will send in the 2 more pay stubs as per your advice and include joint sponsor as back-up