Complicated RFE Situation - I-864 and Foreign Earned Income

[FNS1105 4]

Hello All - Longtime reader of the forums , first time poster.

I did see one topic somewhat similar to mine, but I wanted to try to get some more clarification.

To give a little background, I have worked for the same company since September 2011. In 2013, I was sent to work in Singapore on a secondment basis. Technically, I was working for a different subsidiary of the same company. In 2015, I was sent back to the U.S office. In the meantime I fell in love, brought my wife over on a K-1 visa, and we got married right away.

Fast forward to her AOS process, and we've just received an RFE with three points on it.

X The petitioner/sponsor lists their current income on Form I-864 as an amount considered to be sufficient; however, no evidence has been submitted as proof of current income.

Submit evidence of the petitioner/sponsor's current income. Such evidence should include:

(LIST OF EVIDENCE, PAY STUBS, EMPLOYMENT LETTER, ETC.)

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

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

X Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household size.

(MORE INFO ON EXTRA EVIDENCE/ USING A JOINT SPONSOR)

I have a few questions:

1.) I realize that I should have included my pay stubs and an employment letter. Should I use my pay stubs from Singapore and the US to cover the last 6 months?

2.) Even though I've technically worked for two different companies, I've been under the same "umbrella" for over 4 years. Will it make a difference to have my employer explain that in the letter? My point here is that my income has been and will be consistent.

3.) I submitted my tax documents (less W-2s) for FY2013, 2014, and 2015 (which I filed in early January). To be safe, should I submit 2014 and 2015 again? I realize that they may not get to this before April 15.

4.) My current salary is $72,000.00 USD per year. I was making about $59,000.00 while in Singapore, however, I used the Foreign Earned Income exclusion while abroad. Will my employment letter, pay stubs, and W-2 for the last month of 2015 be enough to prove that I am above the poverty guideline?

5.) Has anybody else had a similar scenario? If so - how did it pan out?

Thanks!!!

Ford

[belinda63 3,022]

Without the W-2s the tax documents are useless. Anyone can write anything on a tax form, the W-2s are the proof of income. Include paystubs, letter from the employer, and a complete tax return or tax transcript.

[Shauneg 762]

Without the W-2s the tax documents are useless. Anyone can write anything on a tax form, the W-2s are the proof of income. Include paystubs, letter from the employer, and a complete tax return or tax transcript.

This. Not a complicated RFE by any means....not even close.

Edited March 20, 2016 by Shauneg

[Damilolly 1]

My understanding is that if you send tax transcripts then you don't need to send anything else.

Is this incorrect?

[Shauneg 762]

My understanding is that if you send tax transcripts then you don't need to send anything else.

Is this incorrect?

You are correct that it is correct. Transcripts work alone.

[FNS1105 4]

Thanks everybody!

I don't have a W-2 for 2014 because I was employed by a Singapore-based company and I used the Foreign Earned Income Exclusion.

In lieu of that, would it make sense to send my pay stubs from that year?

I will also include my W-2s from 2012 and 2013 to establish that I have worked for the same parent company for more than 4 years.

[belinda63 3,022]

Just get a tax transcript, much easier. They want the W-2.