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Filed: Timeline
Posted

Hi,

Just got an RFE on I-864 (AOS from K1). Please tell me if I'm doing anything wrong as the process is taking longer every day.

two things they are asking for:

1. Submit all supporting tax documentation (W-2s, 1099s, form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor mast submit all supporting tax documents for the most recent tax year.

My spouse had not filed any taxes due to low income. We sent an explanation letter but that did not work, so all we can add now is a non-filing letter for 2014 + another explanation letter.

the second thing is we need a joint sponsor, which we already found. The RFE says:

If you decide to obtain a joint sponsor they will need to:

File I-864

Provide copies of their most recent Federal income tax returns

Provide copies of all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules)

Provide evidence of their USC.

For this part we are sending an I-864, a 2014 tax transcript and a passport copy. Would that be enough? Or do we need an employment letter, pay stubs, W-2s and 1099s and all that?

Thank you!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The joint sponsor should also provide the current income documentation such as letter from employer and/or recent pay stubs. If using an IRS transcript and not having a joint return with a spouse, then no W-2s/1099s needed.

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

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

If you can provide three years tax filing from the co-sponsor, it would be better.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

If you can provide three years tax filing from the co-sponsor, it would be better.

Why? What makes it better? I am asking because the I-864 only requires the most recent tax return to be submitted with the form. That along with the documentation that shows current annual income is typically all that is required and needed. The total income amounts from the last 3 years is already entered on the form where it asks for that.

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

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

It's not necessary as such, but I have seen it being asked for when the (joint) sponsor was close to the poverty limit, or the proof of current income wasn't great, to show stability.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

I was in the exact same position (RFIE regarding I-864 for AOS from K1) and we sent ours back this morning! We included W-2 from 2014, 2014 and 2012 IRS transcripts (couldn't find 2013), letter from employer and the passport biographical page for the joint sponsor.

We also re-wrote a more elaborate letter explaining the lack of tax transcripts for my partner and included proof of his being a student in the UK for the past 4 years (his UK student visas, entry stamps to the UK and two degree certificates, just to really hammer the point home). We also explained that neither my husband nor our joint sponsor had filed their 2015 tax returns yet - worth doing at this stage in the year.

My point is, include everything you can reasonably get your hands on. Throw in a birth certificate for the joint sponsor, all three tax transcripts if you can, a letter from employer, anything really that can prove that either the sponsor or the joint sponsor is earning what they say they're earning or really was doing something that didn't require them to pay taxes in previous years. In short, I FEEL YOUR PAIN!

K1 Journey - 5 months and 1 day

AOS Journey - 4 months 4 days

ROC Filed - Jan 30 2018

ROC Delivered - Feb 1 2018

NOA date - Feb 7 2018

 

Conditional Green Card expires April 26 2018.

 

  • 3 weeks later...
Filed: Timeline
Posted

Thank you for your answers! Ended up sending a non-filing confirmation letter with explanation and Joint sponsor's I-864, their tax transcript and job letter. The status on the USCIS website has already changed to 'response received', so hopefully I will get at least an EAD soon.

 
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