Need some advice, received RFIE (marriage based AOS)

[J&J_7 1]

Hi everyone, I got the what I'm guessing to be is the infamous yellow Request for Initial Evidence after sending my AOS papers for my wife.

The paper is pretty much only asking for proof of income and other paper work of the joint sponsor, not me.

For my joint sponsor and I only sent tax transcripts (of said joint sponsor) from the IRS from the most recent tax year and the 2 years prior, thinking that'd be enough.

So, now I seem to have to gather quite a bit of paperwork in what is less than 3 months time by snail mail and honestly I am worried of missing something.

My joint sponsor owns a house, would they need a 1099 form?
I've never filed taxes so I am totally unsure of what to gather/submit and what is really worrying me the most is that (from my understanding) if I don't send everything needed at once, say I miss a paper or two, the AOS application can be outright denied and I do not even want to imagine that happening. Unless that is not the case since it is a request for initial evidence, and I have the chance to submit evidence again later? Would anyone happen to know?

Any advice would be appreciated! thank you in advance!

Edited November 13, 2016 by J&J_7

[aaron2020 11,651]

Your JS needs a qualified appraisal for the house. A 1099 has nothing to do with owning a house.

You may get a second RFE or a denial. No one can tell you for sure.

If you are afraid that your submission may be missing a paper or two, then consider hiring a lawyer to help you.

[J&J_7 1]

Your JS needs a qualified appraisal for the house. A 1099 has nothing to do with owning a house.

You may get a second RFE or a denial. No one can tell you for sure.

If you are afraid that your submission may be missing a paper or two, then consider hiring a lawyer to help you.

Woops sorry, I meant to say my JS is paying off the house, doesn't own it yet.

[aaron2020 11,651]

How does one pay off a house that one does not own? In your first post, you stated that "my joint sponsor owns a house." Which is it? Does he own one or not?

Edited November 13, 2016 by aaron2020

[J&J_7 1]

Well technically the bank still owns it, that's what I mean

[aaron2020 11,651]

Do you mean that he has a mortgage?

[J&J_7 1]

Yes.

[aaron2020 11,651]

To correct your misconceptions.

Your JS owns the house. The bank does not own the house. Your JS has a mortgage note (loan) secured by the house. The bank owns the note.

Your JS's may have gotten a 1099 for interest income earned from an escrow account for his property tax. The 1099 should be included as part of his complete tax return unless he submitted a tax return transcript with his I-864.

If you friend wants to use the equity in his house as an asset for his I-864, then he needs a professional appraisal.

Edited November 13, 2016 by aaron2020

[J&J_7 1]

Thanks, it was written onto his I864 but not as an asset, so I am guessing there isn't a need for an appraisal.

Aside from that, are pay stubs from past 6 months absolutely necessary?

[aaron2020 11,651]

Absolutely? No. It all depends on how long the person has had the job and the income. If someone has had a job for years with more than adequate income with tax returns, then pay stubs of little value. If someone recently got a job and no tax return for that job, 6 months of paystubs would be of value.

[N-o-l-a 7,168]

A letter from the employer and a recent paystub would most likely suffice instead of 6 months worth.

An appraisal or any further info on the house is not necessary unless you need the asset. If that info was requested of you, I would include in your cover letter that it was a mistake to include it and that the sponsor will be qualifying on income alone.

[caliliving 606]

You got a letter because uscis does not tnink u share a life together.

Build that life on paper- show you have thinks in common...trips, accounts evt.

Have your families met?

Don't worry about a joined property - a yellow letter is rare to get and never good. Show you have a life together

I also question anyone that need a joint sponsor to bring a foreign women (who can't work) to this country

[kris&me 572]

1099 is used for miscellaneous income such as retirement 1099r or indepenent contractor

assests can be used but you would subtract the morgtage from the value of the house and add more assests to total the difference between your income and be at least 5 times the poverty guidelines

also the assests must be able to be liquidated in one year if needed and not be a hardship on the cosponsor like having to sell his house and no place to live

here is a site that explains all this

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

his total income will not count if is not taxable income / look at the taxable income line on tax transcripts / that is what immigraition is taught to look at

[Ebunoluwa 6,136]

You got a letter because uscis does not tnink u share a life together.

Build that life on paper- show you have thinks in common...trips, accounts evt.

Have your families met?

Don't worry about a joined property - a yellow letter is rare to get and never good. Show you have a life together

I also question anyone that need a joint sponsor to bring a foreign women (who can't work) to this country

Stop giving crazy advice.

Op received an RFE for supporting evidence for the I-864 which has nothing to do with relationship evidence.

You can question anyone about having a joint sponsor but USCIS allows it so your point is mute.

[Ebunoluwa 6,136]

Hi everyone, I got the what I'm guessing to be is the infamous yellow Request for Initial Evidence after sending my AOS papers for my wife.

The paper is pretty much only asking for proof of income and other paper work of the joint sponsor, not me.

For my joint sponsor and I only sent tax transcripts (of said joint sponsor) from the IRS from the most recent tax year and the 2 years prior, thinking that'd be enough.

So, now I seem to have to gather quite a bit of paperwork in what is less than 3 months time by snail mail and honestly I am worried of missing something.

My joint sponsor owns a house, would they need a 1099 form?

I've never filed taxes so I am totally unsure of what to gather/submit and what is really worrying me the most is that (from my understanding) if I don't send everything needed at once, say I miss a paper or two, the AOS application can be outright denied and I do not even want to imagine that happening. Unless that is not the case since it is a request for initial evidence, and I have the chance to submit evidence again later? Would anyone happen to know?

Any advice would be appreciated! thank you in advance!

Does your joint sponsor make over the poverty guidelines ?

If he is employed and makes enough then send 4-6 pay stubs and letter from employer confirming his type of job,

time there and income. What is the problem with getting 6 pay stubs together ?

The RFE has boiler plate jargon about assets etc. Make sure you send what you need and don't get confused with

assets, if he makes enough from his job no assets are needed and the house does not even come into the picture.