Request for Initial Evidence on I-864

[Sam_Mahmood 0]

Hi there!

I am really confused on what to reply to I-864 request for initial evidence. I am sharing the details. I have applied for Adjustment of Status and got RFE on I864, that says income does not meet the requires poverty line. My wife is a US citizen and she graduated from college in May, 2015. We filed the papers in November without having any tax returns of her for previous years. She was a college student and did not work so no tax return. She has a good job now with $44,000 annual income. She is been working since August 2015 now. I included her job letter, paystubs and letter explaining why she was not able to file for the taxes. Still got an RFE and its been a month I have not replied to it.

Her current job pay stubs shows her total income and that is more than 19,000 up till now. She had a job before and she made $3500 there. I also have pay stubs for that. Should I wait until her current income pass 20,000, the minimum poverty line or I can submit the pay stubs of her previous income. Shall it be Ok? We don't have tax returns as she will be filing for 2015 tax return next month. I really need help with that. I would really appraciate if somebody could give me a piece of advice on how to proceed with Initial RFE!

Thank you!

[KayDeeCee 4,896]

You don't list what she made so far. You list her current annual income, which you say is $44k. You provide proof of that income amount with letter from employer and recent pay stubs. She needs to supply a statement as to why she was legally required to file taxes in the previous years, and not just simply say, I was a student. Also, since you received an RFE, it may be beneficial for your wife to go ahead and file her 2015 taxes and include a copy of those with your response.

[Sam_Mahmood 0]

I have listed 44k on I-864 and submitted the pay stubs of her current income. Also a job employment letter. She was not supposed to file for the taxes because she didn't work in College and had not made enough money for taxes. I will definitely add a better statement with the resubmission of the form. The lawyer told me they look at how much she has already made so far in the pay stubs. It should be 125% of the poverty guideline.

When can she file for the taxe return as she have not received W2 as yet from her employer?. Or I should just reply to the RFE with a letter, bank statement and pay stubs. I also got a job verifucation letter from her. Thanks

[Sam_Mahmood 0]

I don't have enough time to wait for the tax return. I need to reply till next month. I have pay stubs for six months and job verification as well. Not sure what to reply now. It is getting annoying. Need Helpp!!

[KayDeeCee 4,896]

I would have her send a better explanation statement about previously being a student and now that she a graduate, has a steady, permanent job with an annual income that more than meets the 125% requirement for the household size. Yes, include all 6 months of pay stubs and letter/verification from employer that her position is permanent and what the salary is. Also, have her add more a detailed statement as to why she was not legally required to file.

If you still have a month before the RFE response is due, have her check with her employer about the W-2. Many of them provide them online, and if not, they are supposed to mail them out no later than Jan. 31. She can check to see if she can get the W-2 in time to file and send a copy with your response.

[Sam_Mahmood 0]

For sure, she will add more details in the letter explaining about the current job and being a student lately. She made $1000 in 2014 as a work study. Do I have to submit that with I-864?

We have not received the W-2 from her employer as yet. If I recieve that in the coming week. How long will it take to get the tax transcript from the IRS? Or should I just attach the W2's from her jobs with the I-864 response?

One more question. Can I add the income of her both jobs from 2015 together for the tax filling because that is how we will cross $20,000 average for poverty guideline? Thanks!

[KayDeeCee 4,896]

Making $1k back in 2014 makes no difference for the I-864.

If you are able to file the 2015 taxes before the RFE is due, then send a copy of the entire return along with the W-2s. You don't have to wait for the IRS transcript, nor would you be able to.

Yes, if she has more than one source of income, then you combine them and that would be her total current income. Provide documentation to show the income for each one.

[Sam_Mahmood 0]

Thanks!

Yes, she got W2 from one employer. She worked for another employer for 3 month in 2015 and no longer working there. I want to add that income with the current income to make it to the current poverty line. We are still waiting for her previous employer W2 so that we could file the taxes.

Do they look for gross income or income after taxes for tax return? How long does it takes to get the return so that we could send that with pay stubs and other documents in couple of weeks?

Can you please tell me what would be the final documents I should attach with the I-864 response?

Thank you much!

[Darnell 8,479]

the I-864 examines:

1. prior year income, gleaned from tax data and

2. current annual income, gleaned from pay stubs and an employer's letter.

Something missing? Consider getting a joint or co-sponsor...

[KayDeeCee 4,896]

Thanks!

Yes, she got W2 from one employer. She worked for another employer for 3 month in 2015 and no longer working there. I want to add that income with the current income to make it to the current poverty line. We are still waiting for her previous employer W2 so that we could file the taxes.

Do they look for gross income or income after taxes for tax return? How long does it takes to get the return so that we could send that with pay stubs and other documents in couple of weeks?

Can you please tell me what would be the final documents I should attach with the I-864 response?

Thank you much!

If she no longer works there, then that income is not current, and you cannot combine it with her current income. It sounds like you need a joint sponsor.

[safari2015 0]

Thanks!

Yes, she got W2 from one employer. She worked for another employer for 3 month in 2015 and no longer working there. I want to add that income with the current income to make it to the current poverty line. We are still waiting for her previous employer W2 so that we could file the taxes.

Do they look for gross income or income after taxes for tax return? How long does it takes to get the return so that we could send that with pay stubs and other documents in couple of weeks?

Can you please tell me what would be the final documents I should attach with the I-864 response?

Thank you much!

To avoid delays and more RFE's get a joint Sponsor -for they are looking for a year's worth of income.