RFE for affidavit: supposedly my wife doesn’t earn enough, but she does…?

[alanalanwilliams 0]

I entered the US on a K-1 visa, and sent off my AoS in January 2016. I have received a Request for Initial Evidence (RFE?) concerning the affidavit of support. The RFE states that my wife doesn’t earn enough money – according to tax documents for the past tax year. Problem is, my wife was a student then, made no money, and filed no taxes. We actually noted this in the AoS application. My wife started her current job in October 2015, and we sent in pay stubs and an employer’s letter stating it was a permanent job. She makes well above 125% poverty for 2 people.

So my question is: why do they want tax records when we have already told them there are none? The letter mentioned that they need tax records to confirm her earnings. Are tax records really all they use to inform them of a sponsor’s income? (When I went to the embassy in London for my K-1 visa, the employer’s letter and pay stubs were enough.)

On the form it also mentioned that if my wife cannot support us (she can) then we should get a joint sponsor. Unfortunately it’s looking like that is very unlikely.

We don’t know what to do!

Thanks in advance for any help.

[Nich-Nick 3,354]

Did you read the instructions for the I-864? It says if she was not required to file a tax return for any of the years, she must write a statement stating why. It should be a separate page, signed, and right behind the I-864 so they can find it. If you told them in a cover letter, maybe it was thrown out and didn't make it to the file. Without a tax return or statement, they will not look at her current money earned. Fix the missing tax return or statement and they will move on to consider her employer letter.

Better yet, get her 2015 tax return done and send a photocopy along with a photocopy of her W2. Then you remove the roadblock so they will read her employer letter and look at the pay stubs.

Edited March 17, 2016 by Nich-Nick

[alanalanwilliams 0]

Hi. Thanks for getting back to me so fast!

Yes, we read the instructions, and included her statement of why she did not file tax returns. We also included evidence of her being at college. Would it be silly to once again send in the same evidence? I can’t see why they disregarded it initially.

Now that you mention the 2015 tax return, I’m thinking: is it possible that they actually meant the 2015 tax return? That seems strange to me because it was only early 2016 when I sent in the application, so I assumed they meant 2014 tax return. But I guess they could have meant 2015. I’m scared of sending in the wrong year!

[Nich-Nick 3,354]

Tax year 2015 is not the latest tax return for 3 more weeks, but if you would send one now, I think it would solve the no tax return problem. It is new evidence not available before.

Did her statement clearly say

"In the latest tax year 2014, I earned $0.00 so was not required by the IRS to file a tax return."

signature of wife

"We" can't tell them. She the sponsor must.

I can't guess what you said, and where you said it. Look at your photocopy of the entire package and see if you might have been vague. Sorry I can't offer more than what I already said since I haven't seen your submission which you thought was fine.

Edited March 18, 2016 by Nich-Nick

[alanalanwilliams 0]

Hi. I very stupidly did not photocopy the file I sent, which has turned into a big regret. At the time I think I just “didn’t have time”, but now it’s come back to bite me. Concerning the statement though, we’re both pretty sure that my wife did write it, and use the word “I”. That sounds so weak, but that’s as sure as we can be.

Is it possible they are unhappy that her job is so new? We sent in the employer letter and several pay stubs. We didn’t have enough to send in 6 months worth, which the instructions suggest.

Also! We just realized that we actually got 2 RFEs in one. The second page talks of assets and joint sponsors. We initially thought it was a mistake, because my wife makes enough money. But it seems from VJ and other forums that some people get this, even when they do make enough money! My wife is several thousand above the 125% poverty, so, in this case is it possible that she just hasn’t had the job long enough? Or is it that being a few grand over the limit isn't enough?

Going on your suggestion, I did her 2015 taxes. Should we send in a package containing another statement (but this time say she was a student for 2015 up until May) -- as well as sending in her 2015 taxes (which show a very low income as she only got her job end of October) and hope for the best? Would we need to again send in her employer’s letter?

Is all this grasping at straws? Getting a joint sponsor will be very difficult, but is it looking like we will have to sort it out that way?

Thanks again

[Transborderwife 4,666]

You will likely require a joint sponsor

Edited March 21, 2016 by Transborderwife

[alanalanwilliams 0]

Thanks for your input. I don't understand why the London embassy let me in on a K-1 if the affidavit evidence I provided them wasn't going to be sufficient once I was in the US. I guess if people can't find a joint sponsor, they just have to go on the run and keep a low profile!

[Transborderwife 4,666]

Thanks for your input. I don't understand why the London embassy let me in on a K-1 if the affidavit evidence I provided them wasn't going to be sufficient once I was in the US. I guess if people can't find a joint sponsor, they just have to go on the run and keep a low profile!

K1's i134 is not legally binding and only need 100% of the poverty guideline

[Nich-Nick 3,354]

Thanks for your input. I don't understand why the London embassy let me in on a K-1 if the affidavit evidence I provided them wasn't going to be sufficient once I was in the US. I guess if people can't find a joint sponsor, they just have to go on the run and keep a low profile!

The I-864 requires more precise documentation as written in immigration law. Without that documentation, they can not and will not consider the affidavit. Leaving anything out or unproven is just like sending nothing. If I were you, I would start completely over and .....

A Fill out a new I-864 using 2015 as the latest tax return. That changes the numbers written on Part 6 to:

19a. 2015

19b. 2014

19c. 2013

Make sure that the current income she writes on Part 6, #2 exactly matches what her employer says she makes and is over the current guidelines. They changed to a higher number since you filed. https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

B Behind that include a statement ....

----------

STATEMENT CONCERNING TAX RETURNS

1) In tax year 2013, I was a student and earned $0.00 and was not required by the IRS to file a tax return.

2) In tax year 2014, I was a student and earned $0.00 and was not required by the IRS to file a tax return.

3) In tax year 2015, I was a student but started full time employment on October ?, 2015. I have included my 2015 tax return which only reflects two and a half months of employment. I have included additional documentation to show my current earnings.

(Signature) (date)

Mary Kay Smith, sponsor for John David Smith A#1234567

----------------

C Behind that a photocopy of her signed 2015 tax return, every page AND photocopy of her W2. (Both required). Hopefully you didn't file the return as "single" if she married in 2015.

D Next, brand new letter from employer on company letterhead stating her job, when she started, that it is full-time, and her current yearly salary.

E Next, photocopy of every pay stub from October until you get the rest of this together. That could be three more months than you sent before, Right??

Optional F If you or she have any savings, add it to the I-864 under assets and include the most recent bank statement.

Before mailing, photocopy every page, including the original RFE letter which must accompany your submission.

Edited March 21, 2016 by Nich-Nick

[alanalanwilliams 0]

Wow this is amazing thank you so much!

[alanalanwilliams 0]

C Behind that a photocopy of her signed 2015 tax return, every page AND photocopy of her W2. (Both required). Hopefully you didn't file the return as "single" if she married in 2015.

Yep, she filed as married. She had to file as married separately so that I didn't have to file alongside her as a special-case resident alien, and get landed with fees for no health insurance!

[alanalanwilliams 0]

Nich-Nick,

I have most of that package together now (apart from my wife’s employer letter which always takes quite long) – but! I was able to get a joint sponsor!
I’m so lucky and incredibly excited about this! However, will it confuse things if I send all of this package in as well as the new joint sponsor i-864?

I read on one site that if your joint sponsor makes enough, the sponsor’s income isn’t even looked at. I’m quite skeptical about that statement.

My worries are:

-- If I send in this whole package as well as the joint sponsor’s i-864, it will confuse things, and could take the RFE a long time to go through; and

-- If I only send in exactly what the RFE asked for (wife’s most recent tax return, and pretty much “obtain a joint sponsor”), then my wife’s most recent tax return is 2015 and it will not match up with her i-864, on which we only put 2012, 2013 and 2014. Would they require a new i-864 in order to match up with the most recent tax return?