RFIE I-864 queries

[Tricked 33]

Hello,

Can I trouble yourselves for some help with a RFIE I received concerning the I-864.

The parts in red below are annotations added to the letter in red ink. (Which is causing some confusion)

Some background,

The income is 60,000 so meets poverty guideline. Only been working for 2 months, so only 4 pay stubs (fortnightly pay)

Letter of employment was submitted, however did not include information of future prospects/advancement, so fair enough.

We sent the IRS tax transcript, which given I know nothing about the IRS I now believe was not the correct thing they were looking for.

What is the 1040/W25/W-2's/2555/1099's this has gone completely over my head.

Lastly, the form states we 'need' a joint sponsor, I'm confused... why would they write in pen, 'Need' next to joint sponsor?

1.

The petitioner/sponsor on form I-864, affidavit of support, must submit a complete federal income tax return submitted to the internal revenue service (IRS) for the most recent tax year. (2015 = 1040 & W25)

If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why you are not required to file. See 'filling requirements' in the IRS form 1040 filing instructions to determine whether you were required to file

2.

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

Submit evidence of the petitioner/sponsors current income. Such evidence should include:

Pay stubs or other documentation of pay for the previous 6 months.

Evidence of other income such as tax exempt interest, etc.

Letter of employment containing the following:

Dates of Employment

Nature of Job

Yearly Salary earned

Number of hours per week worked

Prospects for future employment and advancement

3.

Submit all supporting tax documentation (W-2s, 1099's, Form 2555 and all supporting tax schedules) submitted to the internal revenue service for the most recent tax year (2015)

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

4.

Based on the documents submitted with form I-864, affidavit of support, the net value of the assets do not make up the difference between the income and poverty guideline.

<list of acceptable assets>

It then states Need next to the section on joint sponsor.

[Tricked 33]

Okay, done some digging, and this now makes more sense.

The employment letter side, is fine, can see where they are coming from with that, so we can evidence income etc, that's all fine.

The IRS returns though, we appear to have sent a 1040a from 2014, with a received date of 2015, so not 2015's returns... So this makes sense also.

In our situation with having no income from 2015, is this the only form we need to send to cover the tax period?

[MariaR323 199]

Hi Tricked!

So some of that was a typical generic response they probably have coded in their systems... clearly #4 doesn't "really" apply to you since you're going the income route vs. assets route to prove you are above poverty guidelines. They just included that I believe since they couldn't approve on just income alone.

So for the tax transcripts, there are 3 options to choose from: tax return transcript, tax account transcript and record of account transcript. The one you want is the Tax Return Transcript. When you submit that you don't need to submit an actual copy of the 1040 series form and supporting documents since that specific transcript includes all that in there.

If you sent the 2014 that's ok but they primarily are looking for and want the most current tax year - so you would need to submit proof of 2015 income & transcript.

Here's the tricky part and unless I misunderstood something, please correct me... I gather there's no work/income history for 2015? If that's the case, you have two options I believe...

1. Attempt to resubmit everything including 2013 and 2014 correct transcripts, etc (I'm assuming here 2013 and 2014 would help establish sponsor has been able to maintain a certain level of income). New letter from employer for current status, include as much info as possible such as what they suggested... you want the letter to give the impression the sponsor has stable employment, meets income and has prospects for long term employment (basically they won't think it's a temp job). Also, maybe attaching a supplement letter to explain why for 2015 there is no income history (hence no tax return information) and the background behind it - touching on and emphasis on current 2016.

OR

2. Just follow what they want and get a joint sponsor and resubmit the package.

Hope this helps

Edited September 30, 2016 by MariaR323

[Harpa Timsah 13,258]

Only been employed 2 months. Did the other years qualify? The job might be too new to count, explaining the hand-written "need" in the joint-sponsor area.

[Amadia 711]

Hi,

If there is no income for 2015, then you can go here: https://www.irs.gov/uac/do-i-need-to-file-a-tax-return to show the reason no taxes were filed.

[KayDeeCee 4,893]

Hi,

If there is no income for 2015, then you can go here: https://www.irs.gov/uac/do-i-need-to-file-a-tax-return to show the reason no taxes were filed.

They do not need that. If someone did not file any of the last 3 years due to no or income being too low, then all they need is a statement explaining that. Income below the filing threshold is a good reason not have not been legally required to file.

OP> If you did not submit the most recent tax transcript, then you need to do that. If you did not file taxes in 2015 because there was no income, then you need to include a statement explaining that, per the I-864 instructions.

As for the new job, 2 months is really new, and without working last year either, then as Harpa said, that might be why they want a joint sponsor. When a job is really recent, and there is no past income to show stable, ongoing income, they often ask for a joint sponsor.

It seems as though the employment letter did not prove to them that you earn $60k annually and will continue to do so. You can always try and send in a new letter from employer stating the position is permanent, yearly salary, etc., and all the pay stubs you have so far explaining that you recently began your career and are earning well over the 125% requirement, and are able to sponsor your spouse. However, they may not accept it, since they annotated the need for a joint sponsor.