I followed the instructions but still got an RFE !

[The415 5]

Hello everyone,

I am a K1 Visa Holder. My wife and I married on time, and we filed for AOS. We followed all the instructions and we read many topics here on visa journey, and we learnt a lot from them.

We were surprised to get an RFE that we don't understand very well. The RFE states:

1. Submit all supporting tax documentation (W2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year.
   
   The joint sponsor must submit all supporting tax documents for the most recent tax year.
   
2. Based on the documents submitted with Form I864 (Aff. of Support) for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsors household.
   
   If you decide to obtain a joint sponsor they will need to:

• file for I864 (aff. of support)
• provide copies of their most recent federal income tax return
• provide copies of all supporting tax documents (W2s, 1099s, Form 2555, and all supporting tax schedules)
• provide evidence of their status in the USA

The problem is my joint sponsor makes around $50,000 a year, and has 3 dependents other than myself (2 kids and a wife) so I don't understand why we received an RFE about the poverty guideline. (This is the same joint sponsor as my K1 visa application, which was approved).

Any ideas??!??

Thank you!!

[Penguin_ie 5,993]

You got an RFE because they are saying your co-sponsor doesn't make enough money, but they make enough for 7 people if they indeed have an income of $50'000, and there is only 5 of you.

What did the co-sponsor send in in terms of tax filings and proof of income?

Did he declare all the money he makes in tax filings?

Is he self employed?

[d3adc0d3 186]

You'll need to re-send all the paperwork for the AOS that you had your sponsor fill out for the K1. I had to file all the same financial documents. People's income and situations change, they just want an up to date copy. The financial affidavit for the AOS is not the same document as for the K1.

Likihood, they just want an update. Send everything they ask for, and attach a cover letter stating that you're unsure if additional things are needed, because the instructions confused you, so if anything is missing, to please file another RFE.

[The415 5]

You'll need to re-send all the paperwork for the AOS that you had your sponsor fill out for the K1. I had to file all the same financial documents. People's income and situations change, they just want an up to date copy. The financial affidavit for the AOS is not the same document as for the K1.

Likihood, they just want an update. Send everything they ask for, and attach a cover letter stating that you're unsure if additional things are needed, because the instructions confused you, so if anything is missing, to please file another RFE.

Thank you!

we sent the form I864 along with the last 3 years tax returns. and the RFE states that we need only the most recent one, i just cant understand.

will tha affect my work permit ? is it on hold as well ? or they are seperated?

[The415 5]

You got an RFE because they are saying your co-sponsor doesn't make enough money, but they make enough for 7 people if they indeed have an income of $50'000, and there is only 5 of you.

What did the co-sponsor send in in terms of tax filings and proof of income?

Did he declare all the money he makes in tax filings?

Is he self employed?

yes, that is the confusion , they sure make enough and they were my sponsor for the K1 visa and everything went well.

he is selfemplyed and we sent the last 3 years tax returns along with the form I864, that is what we have seen here on VJ and a lot of people did not have any problem.

we callled today and tthey said we have to make an appointment, which is in 2 weeks juts to ask for more explanation because they said they dont do that via the phone.

[Penguin_ie 5,993]

So line 22 of his tax doc says he makes 50'000 for 2014?

[The415 5]

So line 22 of his tax doc says he makes 50'000 for 2014?

yes, it says 49,697$ ,so almost 50,000$