Jump to content
Bahamian

RFE from AOS, Foreign Income related?

 Share

3 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Bahamas
Timeline

Wife got in on the K1, fiancee at the time, visa. Got married, put in for AoS, EAD, Advanced Travel.

Got a notice for her to do the Biometrics, then another saying a RFE was on the way. Got the RFE saying:

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, without initial information.

Then it says a bit further down:

X 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 petition/sponsor's current come. Such evidence should include:

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

Evidence of other income, such as Tax-Expempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits

Letter of employement containing the following:

Dates of employment

Nature of the job

Yearly salary earned

Number of hours per week worked

Prospects for future employment and advancement

X 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 must submit all supporting tax documents for the most recent tax year.

X Based of 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 pentioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain a joined sponor.

Assets must be equal the stated different between the petitioner/sponsor's household income and 125% of the poverty guideline.

Evidence of assets includes:

Bank statements covering the last 12 months or a statement from an officer of the bank or other financial insitution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance;

Evidence of ownership and value of stocks, bonds, and certificates of deposit

etc.

Thing is I'm the US citizen, but we both were living overseas until now. I'm working for the company I was working for overseas for the past 5 years, even with me living in the US now. I make over 50k a year, which should work out for us. I know some people are back and forth about foreign earned income counting, though I do see some cases where it's accepted: http://www.visajourney.com/forums/topic/548850-is-this-a-good-sign/ Yes, this means I don't have any W2s, but I do have 2555s.

We don't have anyone we're comfortable asking to do joint sponsorship with us on this since it means putting their financials out there and asking for it.

If I send them my pay stubs, the account statements I have for some stocks I own (not all that much), a letter of employment, the bank statements, and my tax transcripts for 2014 and 2015.

Plus a cover letter explaining that I understand it's an unusual situation but I'm still working for the foreign company, and cover the required poverty guideline amounts. That I've been here for a few months, we're living in an apartment together, and married.

I noticed we missed out answering Question 15 of Part 6 on the I-864 which should have been the same amount as 2 - saying how much I made annually.

If I send in all of this information, should I be fine? Does foreign earned income still count for the sponsor?

Edited by Bahamian
Link to comment
Share on other sites

Filed: Country:
Timeline

I think the issue is that your claiming to have foreign income while you are doing your work inside the us. I would also doubt your company is paying the necessary payroll and social security taxes on your pay. mabye fill out a 1099 for the income you are making.

the biggest issue I see with your setup is taxes.

since you are claiming to have foreign income but the work you are doing is inside the us you get to deduct about 100k of your income off of your federal income taxes so you don't have to pay any tax as well as no state income tax.

to look at it as to why it would not be feasible for them to allow americans to do this imagine I got a job at company X and I told the to pay all my salary to this offshore company Y. it would make no difference to them (actually better since they don't have to chip in part of my salary for social security) my work still costs 50k a year and they just write the check to some one else. then I setup company Y to funnel all of the money to me as being it's only employee so it has no profit in which ever country it is in and has not taxes owed. then I end up with all of my pay tax free if i don't make or 100k.

you might be able to get uscis to go with your setup but watch out for the irs.

and as to why the person you linked income was passable was because it was an investment and he was getting the proceeds from it so he didn't have to any work and I'm sure there is a cash value associated with the business.

I would recommend asking your company to transfer your pay to a us subsidiary that your working at or start filing the forms as if you were an independent contractor using the 1099 for your income.

I'm not an accountant I suggest you consultant with one.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...