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RFE on I485 concerning Joint Sponsor (merged threads)

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Filed: F-1 Visa Country: Nigeria
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If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement. They also always list all your options, such as including assets, using a joint sponsor or using a different joint sponsor in order to satisfy the RFE This does not mean you have to do any of those. They are just suggestions for ways you can meet the 125% sponsorship requirement.

Joint sponsor needs their most recent tax return. The complete return with all forms, schedules, W-2s and/or 1099s, OR an IRS transcript. If they are married and fie taxes jointly, then they also need to provide the W-2s and/or 1099s along with an IRS transcript if they are only using their own income. Please read through the I-864 instructions for what is required.

http://www.uscis.gov.../i-864instr.pdf >

As for income, if they are self-employed, then they will go by the Total Income from line 22 of the most recent 1040. If they are an employee, then provide letter from employer and 6 months of recent pay stubs to prove their current annual income.

You cannot have two joint sponsors, so choose which one you want to use.

As to your question about 'File form i864 (revision date 07/02/2015)', they are telling you that you must submit the most recent edition of the I-864 form. No previous form versions are accepted since Oct. 6th. > http://www.uscis.gov/i-864

And finally, about the hold on the I-765 when having an RFE > http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

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Filed: F-1 Visa Country: Nigeria
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Thank you for that detailed information. It is making sense to me now.. Now when responding to the RFE, do I use a new I864(new edition) or just provide the missing pieces of information with the cover letter? Also the link to the hold on i765 processing is vAlid only if application has been pending more than 75 days correct? What does a typical cover letter in response to an consist of? @KayDeeCee

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Filed: Other Country: Iceland
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We had a joint sponsor but now they are terrified they, he, will have to pay out of pocket for me and my child.

Is there any documents or websites that may calm the possible co-sponsor?
He read he might get sued by me and that he has to support me. But my husband earns enough, we just need a co-sponsor because he doesnt have any tax transcripts.

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Filed: Citizen (apr) Country: Mexico
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Thank you for that detailed information. It is making sense to me now.. Now when responding to the RFE, do I use a new I864(new edition) or just provide the missing pieces of information with the cover letter? Also the link to the hold on i765 processing is vAlid only if application has been pending more than 75 days correct? What does a typical cover letter in response to an consist of? @KayDeeCee

Yes, you need to do what the RFE said and provide the new I-864 form edition. Fill it all out again.

Pausing(and/or resetting) the processing of the I-765 until the RFE response is received by the USCIS happens anytime you receive an RFE. It is not about it having been pending more than 75 days. That info is to explain why your I-765 approval might be taking longer, and what you can do if yours is past 75 days pending. It is stating that your case might not be counted as pending for 75 days if an RFE paused or reset your processing time.

List on the cover letter what you are including, and provide any statements of explanation about what you are including.

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

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Filed: Citizen (apr) Country: Mexico
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We had a joint sponsor but now they are terrified they, he, will have to pay out of pocket for me and my child.

Is there any documents or websites that may calm the possible co-sponsor?

He read he might get sued by me and that he has to support me. But my husband earns enough, we just need a co-sponsor because he doesnt have any tax transcripts.

Is your husband self-employed? If not, how long has he been working, and is his current annual income comfortably above the 125% requirement?

You can do a search about lawsuits pertaining to the I-864. They are not a common occurrence.The main purpose of the I-864 is the sponsor making a contract with the US government to sponsor the immigrant so they will not become a public charge. http://www.avvo.com/legal-guides/ugc/what-are-my-responsibilities-if-i-become-a-joint-sponsor

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

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Filed: F-1 Visa Country: Nigeria
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So my sponsor does file her taxes jointly with her spouse. With regards to your previous response, she needs to get her transcripts along with the tax documents(w2,1099,1040,schedules) of the joint taxes for most recent year If her income alone meets the requirement correct? I did not understand that part even after reading the instructions.

Right now I have just the transcripts for the 3 previous tax years.

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Filed: F-1 Visa Country: Nigeria
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One other question,

How can I expedite the processing of my i765 application after responding to the RFE? I really need my permit asap.. I sought the assistance of a congressman in my district but I think the RFE I received would hinder any help they could render even. Any other ways I could hasten this process?

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Filed: Citizen (apr) Country: Mexico
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So my sponsor does file her taxes jointly with her spouse. With regards to your previous response, she needs to get her transcripts along with the tax documents(w2,1099,1040,schedules) of the joint taxes for most recent year If her income alone meets the requirement correct? I did not understand that part even after reading the instructions.

Right now I have just the transcripts for the 3 previous tax years.

If your joint sponsor's spouse is not providing an I-864A to go along with your joint sponsor's I-864, then the joint sponsor needs to provide their W-2s and/or 1099s to go along with the tax transcripts. That will show their individual income from the taxes. They should also provide documentation of their current annual income with a letter from employer and/or recent pay stubs.

One other question,

How can I expedite the processing of my i765 application after responding to the RFE? I really need my permit asap.. I sought the assistance of a congressman in my district but I think the RFE I received would hinder any help they could render even. Any other ways I could hasten this process?

You can ask for an expedite if you have a reason that fits the USCIS criteria > http://www.uscis.gov/forms/expedite-criteria

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

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Filed: Citizen (apr) Country: Nicaragua
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Hello,

Thanks for replying. and Yes she is married and her husband works. I believe they do file jointly. And NO, she didn't give me any paystubs which apparently are very necessary right now. So when providing tax transcripts, will it include all the previous years or I have to get a seperate transcript for each year?

I also use a joint sponsor, if you read the I-864 instructions there is a part that states that if your joint sponsor file tax with he/her spouse even if you send tax transcripts you MUST send copies of the W2 and 1099 for them to see the income of ONLY your sponsor, because they file tax together.

I send every single thing I could, just send all his W2 and 1099 even if you are sending the tax transcripts, also copy of last 6 months paystubs.

Good luck

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Filed: EB-1 Visa Country: India
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Hi Lare/ experts

I have one question for you . i am in same boat of 485 RFE , but i did not received RFE notice to my home address. I have called and visited infopass field office as well to get RFE notice.Like this way 2 months over .After that i have placed mail texas service centre and luckily they sent soft copy of RFE notice to my personal email (gmail).RFE related to medicals .its in white color of 3 pages includes cover sheet as well.

My question : Is tha RFE notice + cover sheet in yellow color ? will USCIS accepts my response to soft copy of RFE notice.

We need your help here to answer this question. Thanks in advance .

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  • 2 weeks later...
Filed: F-1 Visa Country: Nigeria
Timeline

Hi Lare/ experts

I have one question for you . i am in same boat of 485 RFE , but i did not received RFE notice to my home address. I have called and visited infopass field office as well to get RFE notice.Like this way 2 months over .After that i have placed mail texas service centre and luckily they sent soft copy of RFE notice to my personal email (gmail).RFE related to medicals .its in white color of 3 pages includes cover sheet as well.

My question : Is tha RFE notice + cover sheet in yellow color ? will USCIS accepts my response to soft copy of RFE notice.

We need your help here to answer this question. Thanks in advance .

Hey Skumar,

I am glad to help you with the little knowledge I have in this process, I understand your concern as it could be really frustrating. I did receive my RFE in the mail and it was on a yellow paper. it stated what was needed and possible solutions to them. I will suggest you call the 1800 number to clarify. But I d believe that if you were able to receive the RFE be it soft or hard copy, it should be the same. You can also look up other forums concerning the soft RFE copies as I did stumble on some during my research.

Good Luck

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