affidavit of support RFE

[avital 34]

so we got a RFE regarding the affidavit of support even though my husband makes above poverty guidelines and we provided his pay stubs and employment letter.

1. is the AOS RFE going to affect my travel document or work authorization process?

2. first part of the RFE asks for supporting tax documentations. in form I-864 my husband checked the box of "didn't file taxes" and provided an explanation of why taxes weren't filed (in my K-1 visa process we submitted the same letter and didn't have any issues).

I'm not sure how to reply to that since there's no possible way of providing tax documentations, so, if we get a joint sponsor do we still have to provide my husbands tax documentations?

[aleful 1,905]

hi

yes, everything is on hold until they receive the documents necessary.

he needed to submit the taxes as he is the sponsor, now if you have a joint sponsor and he wasn't required to file taxes, then no, he doesn't need to send his taxes

[KayDeeCee 4,896]

If he did not file taxes for the most recent tax year, then he needs to send an explanation as to why he was not required to legally file taxes that year. He will also need to provide proof of current income with a letter from employer and/or recent pay stubs. He needs to prove he makes enough.

[avital 34]

If he did not file taxes for the most recent tax year, then he needs to send an explanation as to why he was not required to legally file taxes that year. He will also need to provide proof of current income with a letter from employer and/or recent pay stubs. He needs to prove he makes enough.

we had an explanation letter, an employment letter and pay stubs in my AOS package.

Edited December 20, 2015 by avital

[Anh map 2,098]

This is a different process with different people adjudicating the case. The bar is set a bit higher with regard to the affidavit of support as the I-864 is a binding contract. If they are not accepting his reason for not filing then that might be a sticking point regardless of the presence of a joint sponsor.

[KayDeeCee 4,896]

we had an explanation letter, an employment letter and pay stubs in my AOS package.

They have been known to overlook or misplace documents. If he did not file and was not required to, then he cannot produce a tax return. He would just have to again explain again why he was not legally required to file. Be sure to tell them he did not file because his income was below the IRS filing threshold and according to the IRS Publication 17, he was not required to file in 2014 (if he was single and made less than $10,500). > https://www.irs.gov/pub/irs-pdf/p17.pdf

Have him also include a statement that his current income does meet the 125% requirement for his household, and include most recent pay recent pay stubs again. He should have the YTD income showing what he has made the past year on his Dec. pay stub.

If you want to go ahead and get a joint sponsor anyway, he will still need to include the explanation about why he was not required to file taxes in 2014.