RFE for Joint Sponsor - Help!

[bfreeman 0]

Hi all,

I'm wondering if anyone with experience can give me some advice. I married my husband here in the US at the end of October and filed to adjust his status from student to legal permanent resident in mid-December. I see now that we probably have enough income to have not included a joint sponsor, but we did decide to include my father as a joint sponsor. We sent his signed I-864 and a copy of his 2014 tax return.

The second week in January of 2016, we received an RFE. It states:

"Sumbit all supporting tax documentation (W-2s, 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."

My Dad is a partner in a business where he is part owner, so I'm not sure what they mean by all supporting tax documentation. His K1s should have been included on a schedule in the 2014 return we originally submitted. Second, he will be filing an extension for 2015 so I can't send those taxes yet.

The form continues: "Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size" and asks for asset documentation.

My father's household is 3 people. His reported income (AGI) is over 1 million for 2014. How does this not meet the 125% poverty guideline?!

What can I do to give them what they're looking for? I've read that I should send tax transcripts and not copies of the return. What do you guys think? I am considering sending:
- A cover letter of support from him/explanation with 2015 tax return isn't being provided (extension)

- 2014 Tax Transcript OR Return

-2013 Tax Transcript OR Return

- Personal Finance Statement drafted for his bank in October 2015

- His personal checking account statements for all of 2015

- His personal savings account statements for all of 2015

Any suggestions or help would be MUCH appreciated! Thank you in advance!

[Dohan 133]

we had the same thing even though the joint sponsor also made way more than required.

Look over your forms, make sure everything is the same. For example if the tax return says income was 123,005 the I-864 should say exactly those numbers. If the tax return docs shows him married filing jointly then the spouse has to sign a form I-864 A

Household size: you said his household is 3 that means you also add the incoming immigrant and that becomes 4. Again, maybe it's just a case of the numbers not adding up.

Also definitely explain everything in the cover letter and in the cover letter explain that joint sponsor's income is such and such.

They also usually want to see a letter from employer. If he is self employed as part owner, then they want a letter that says exactly that and for the letter to specify his annual income and what his title is.

I hope this helps.

[Anh map 2,098]

For a self employed person the income used is line 22 of the most recent tax year's form 1040. He must submit a copy of his tax transcript or entire tax return including all schedules, 1099's, etc. It seems that you did not send the complete tax return package. If he files a joint tax return then his spouse should also complete a form I-864a.

If dad can't produce the required documents then find a joint sponsor who can.

If your (USC spouse/petitioner) current annualized income is enough then a joint sponsor should not be needed.

[francais_usa 74]

For a self employed person the income used is line 22 of the most recent tax year's form 1040. He must submit a copy of his tax transcript or entire tax return including all schedules, 1099's, etc. It seems that you did not send the complete tax return package. If he files a joint tax return then his spouse should also complete a form I-864a.

If dad can't produce the required documents then find a joint sponsor who can.

If your (USC spouse/petitioner) current annualized income is enough then a joint sponsor should not be needed.

Most of the above is correct except for the I-864A. An I-864A is only needed if your dad wants to include his wife's financial information, but if he is qualifying based on his income alone and not his spouse combined, it is not needed at all.

[Heley 52]

What will happen if the joint sponsor doesn't have 1099? Is there anyway to get it. She is retired and collect money from the government.

[KayDeeCee 4,896]

What will happen if the joint sponsor doesn't have 1099? Is there anyway to get it. She is retired and collect money from the government.

A retired person should receive a 1099 showing their annual retirement income. They would need their complete most recent tax return with all forms, schedules, W-2s and/or 1099s, OR an IRS tax transcript.

[Anh map 2,098]

Most of the above is correct except for the I-864A. An I-864A is only needed if your dad wants to include his wife's financial information, but if he is qualifying based on his income alone and not his spouse combined, it is not needed at all.

I beg to differ as over the past years many folks have been asked to produce an I-864a from a spouse especially when joint tax returns are presented. It's partly an ackowledgement by the "non sponsoring" spouse that they are aware of the sponsorship obligation. So if there's a chance that it may be requested, better to have it and not experience the accompanying delays and stress.

There are few absolutes in the family visa world. Better to be well prepared than under prepared.

[KayDeeCee 4,896]

An I-864A is optional. It is not a requirement from everyone that happens to be married and files jointly.

Page 7 of the I-864 instructions >

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living
in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult
children, if they are living in your residence. However, the only reason to include these relatives in your household size
is if you need to include their income when you calculate your household income for purposes of meeting the income
requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A,
Contract Between Sponsor and Household Member.

And Page 8 tells you what to include for your taxes, if you file jointly but are meeting the income requirement on your own >

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

[francais_usa 74]

An I-864A is optional. It is not a requirement from everyone that happens to be married and files jointly.

Page 7 of the I-864 instructions >

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living

in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult

children, if they are living in your residence. However, the only reason to include these relatives in your household size

is if you need to include their income when you calculate your household income for purposes of meeting the income

requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A,

Contract Between Sponsor and Household Member.

And Page 8 tells you what to include for your taxes, if you file jointly but are meeting the income requirement on your own >

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

^Exactly!

[Coleman21 6]

Is there InfoPass available close to where you live? You can make an appointment to see a real immigration officer for free of charge at a USCIS office, and ask questions. Write down all of your questions and take them with you so that you will know exactly what to ask and won't waste time. I went to Infopass before I applied for my first green card, but it was great to get answers from a real immigration officer; it clarified so many complicated things.