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Posted

Hello guys can anyone help me out?

I'm a US Citizen and I recently file for my mom, who is currently in the USA with an expired tourist visa, I sent all files at the same time i-130, i-485, i-765, i-864EZ as directed. A few days ago a received in the mail a "yellow" letter RFE I-485. I'm a bit confused because according to the letter they are requesting my W2 or 1099's.

I thought these weren't needed because i sent my Tax transcripts for 2012, 2013 and 2014, but apparently these are needed too. I work as a sub-contractor so I don't get any W2's i only get 1099-misc from my employer.

This letter is very confusing because it also says that for my i-130 my income does not meets or exceeds the 125%.. I don't know how is that possible if my household including me, my wife and the intended immigrant which is my mom will be (3) and for that $25,112 is required as the 125%, but me as individual make for 2014 tax year 27,502 so that's just enough for a household of (3).

When i originally sent my affidavit of support I-864EZ I only posted me as a sole sponsor because i thought that my income alone would be enough, even do I do my taxes with my wife every year I didn't file a I-864a which is what my wife would had to file to become a household sponsor with me.

I read somewhere that sometimes they sent you a letter saying that my income does not meet even thought it's above the guideline, it's just that they need the documents they request to review and make sure throught my W2 or 1099 what exactly did i make for 2014.

My questions are:

1. Should i just sent "ONLY" my 1099 attached to the yellow letter or I have to file the I-864 again??

2. Should also i sent my 1040 that i file for 2014, which states that i file my taxes.

3. Should I make additional I-864a for my wife so check can come up as a household sponsor, she only about 9,800 last year on a W2, so her income and mine would add to $37,000.

PS: i tried to explain everything as clear as possible, i need some guidance, I also attached pictures for the yellow letter RFE I received!

post-217332-0-77092300-1441227251_thumb.jpg

post-217332-0-62961600-1441227252_thumb.jpg

Posted (edited)

You didn't send your 1099.

Without the 1099 you don't satisfy the 864 EZ

It means exactly what it says...

Edited by Jameel and Kasey

I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Hello guys can anyone help me out?

I'm a US Citizen and I recently file for my mom, who is currently in the USA with an expired tourist visa, I sent all files at the same time i-130, i-485, i-765, i-864EZ as directed. A few days ago a received in the mail a "yellow" letter RFE I-485. I'm a bit confused because according to the letter they are requesting my W2 or 1099's.

I thought these weren't needed because i sent my Tax transcripts for 2012, 2013 and 2014, but apparently these are needed too. I work as a sub-contractor so I don't get any W2's i only get 1099-misc from my employer.

This letter is very confusing because it also says that for my i-130 my income does not meets or exceeds the 125%.. I don't know how is that possible if my household including me, my wife and the intended immigrant which is my mom will be (3) and for that $25,112 is required as the 125%, but me as individual make for 2014 tax year 27,502 so that's just enough for a household of (3).

When i originally sent my affidavit of support I-864EZ I only posted me as a sole sponsor because i thought that my income alone would be enough, even do I do my taxes with my wife every year I didn't file a I-864a which is what my wife would had to file to become a household sponsor with me.

I read somewhere that sometimes they sent you a letter saying that my income does not meet even thought it's above the guideline, it's just that they need the documents they request to review and make sure throught my W2 or 1099 what exactly did i make for 2014.

My questions are:

1. Should i just sent "ONLY" my 1099 attached to the yellow letter or I have to file the I-864 again??

2. Should also i sent my 1040 that i file for 2014, which states that i file my taxes.

3. Should I make additional I-864a for my wife so check can come up as a household sponsor, she only about 9,800 last year on a W2, so her income and mine would add to $37,000.

PS: i tried to explain everything as clear as possible, i need some guidance, I also attached pictures for the yellow letter RFE I received!

Your problem is that self-employed cannot use the I-864EZ. It states this in the instructions. You do not receive income that is documented on a W-2, so you are not eligible to use that form.

Provide an I-864, not the EZ. Provide your complete 2014 tax return with all forms, schedules and 1099s(and any W-2s if your wife gets those). I also think it would help if your wife also provides an I-864A to go along with your I-864 and combine the incomes on your I-864 for the annual household income, especially if you file taxes jointly.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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