I-485 Request for Initial Evidence (I-864) URGENT HELP NEEDED

[Rob&Jen 14]

Hi guys, 

 

My wife and I filed our I-485 application in mid-December and received a biometrics appointment followed by a request for IE. The IE concerns our joint sponsor and states the following:

 

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

 

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

 

2) Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guidelines for the joint sponsor's household size. 

 

It then goes on to list the same evidences and assets as the I-864 instructions. Our joint sponsor is self-employed. 

 

We submitted the form based on a household of 2 and a 2015 tax transcript showing an income of over $31,000 along with a statement from his accountant showing income to date of over $130,000 (gross) and $34,000 (net).

 

We noted down his 2014 amount which was over $130,000 (net) but left 2013 blank due to difficulties obtaining his figures for that year. 

 

After many arguments about the wording for the household size we agreed to submit based on just him and me. He is currently married but going through divorce and has 2 underage children living with the wife. The wife is mentioned on 2015's taxes but the children are not. 

 

Tried calling the helpline but they just told us to book an appointment with the local office, which has no availability for the next 14 days so we don't know exactly from which angle they're looking at this; whether they noticed the wife or did further digging. Other offices are too far away. 

 

Interestingly, they are not requesting that another form be filled in. They only want taxes and current financial evidence. 

 

Has anyone here heard of or encountered a similar situation and have any ideas? 

 

And please refrain from pointing out the obvious about our original household submission. I've already argued this to death with my wife and sponsor. 

 

Thank you. 

[belinda63 3,038]

So how are you married if he is still married?

[Rob&Jen 14]

1 hour ago, belinda63 said:

So how are you married if he is still married?

"He" is the joint sponsor I'm referring to. I am the immigrant husband and my wife the US citizen. 

[DrEllaNJ 288]

you don't want to hear comments on the "obvious about our initial household submission", but it seems to me that that's the problem.

His household size is 5 (as long as the divorce isn't finalized yet), according to these guidelines:

 

http://www.***removed***/affidavit-of-support/household-size.html

 

Can't give you much help regarding the self-employed, but it seems like you have to submit more documents about that.

 

[Rob&Jen 14]

2 hours ago, DrEllaNJ said:

you don't want to hear comments on the "obvious about our initial household submission", but it seems to me that that's the problem.

His household size is 5 (as long as the divorce isn't finalized yet), according to these guidelines:

 

 

What I meant is I don't want a dozen posters pointing out that we filed with incorrect information and "this is what happens."

 

I was well aware of what might happen, however, I banked on USCIS being specific about our errors and responding accordingly.

[aaron2020 11,651]

2 hours ago, Rob&Jen said:

 

What I meant is I don't want a dozen posters pointing out that we filed with incorrect information and "this is what happens."

 

I was well aware of what might happen, however, I banked on USCIS being specific about our errors and responding accordingly.

That's not how the system works.  

 

USCIS is not your lawyer.  USCIS is not going to point out each and every one of your mistakes or inadequacies.   You will get a general statement that your JS does not meet the requirements and then it up to you to respond accordingly.  It's up to  you to fix it.  If you can't, then you need to hire a lawyer to fix it for you.  USCIS is not going into any specifics about your errors.

[Chardon Ne' 71]

Hi, You may also want to get the tax transcript for the requested year  as well as self employment income does not come with W-2/1099 which is required if you are going to submit the 1040. The USC should also submit an i864 even though the income does not meet the requirement. It is the basis for which a joint sponsor is needed if that was not done. Whenever there is an issue with the income documents it will automatically trigger "the income does not meet the requirement" response because they did not accept what you provided, so technically it does not.  you are correct that it is not clear if the household size is an issue but what I do know in the least is that anyone claimed on the most recent year's tax return should be included in the household size regardless of the relationship or where they live now. If you are saying that wife was mentioned as in married filing separately that may be ok if the wife filed her own taxes with a different address and household.  Good Luck! 

[NikLR 13,227]

Self employed prove income solely through their tax return.

 

Regardless if the joint sponsor was going through a divorce, you must count his children regardless of their living location or who pays for their expenses.  Even a parent who never sees their child must count them. 

 

So unless your joint sponsor can prove assets making up the difference for 5x, I suggest finding a new joint sponsor, who preferably isn't self employed.  

 

You must submit the RFE repsonse as theyve asked or fix the issue. You should submit 2015 taxes? 

 

Also it's against the tos to ask people not to post. Just a friendly fyi. 

Edited January 10, 2017 by NikLR

[Chardon Ne' 71]

Right but upon filing a tax return, a transcript is generated. If you are going to send a tax return according to the instructions, a 1099 or w-2 must accompany it.

 

" If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. "

 

They do not go by net, they go by gross so if the person is grossing $130,000 today that is more than enough and If it were me,  I would change it.

 

People will make their own decisions as to how they will proceed. All one can do is offer advice. 

[MariaR323 199]

Just to add to this...

 

Besides the obvious error on the household size, which has already been mentioned, I believe a self-employed individual should submit a copy of the full tax return - this should include all attachments and schedules. There obviously is no W-2/1099, etc. but that is why they usually want to see the full return because a self-employed person will normally have a Schedule C and on that will be the details of where the self-employment income comes from. In my opinion, I would submit the tax transcript as well just to have as additional proof that the copy of the return being submitted is what was received/confirmed by IRS.

[Chardon Ne' 71]

A 1040 is not evidence of having filed though. A tax transcript is.  Anyone can make a copy of a completed 1040, thats why they prefer the transcript.  From what I have seen, ppl who do not send a w2 or 1099 have gotten an RFIE or RFE. I dont know much but I know taxes and benefits.  if you are self employed a transcript is better evidence for self employed ppl as proof of having actually filed. All of that (schedules, etc) will be included on the transcript. It was already sent back once, so to be on the safe side i agree I would either do both if you can but definitely the transcript for sure....my opinion anyway. 

[NikLR 13,227]

Anytime you include a tax return vs tax return transcript you must include the ENTIRE return including all w2s, 1099, schedules, worksheets, etc... ANYTHING that would have been included in a paper return. 

[Rob&Jen 14]

5 hours ago, Chardon Ne' said:

A 1040 is not evidence of having filed though. A tax transcript is.  Anyone can make a copy of a completed 1040, thats why they prefer the transcript.  From what I have seen, ppl who do not send a w2 or 1099 have gotten an RFIE or RFE. I dont know much but I know taxes and benefits.  if you are self employed a transcript is better evidence for self employed ppl as proof of having actually filed. All of that (schedules, etc) will be included on the transcript. It was already sent back once, so to be on the safe side i agree I would either do both if you can but definitely the transcript for sure....my opinion anyway. 

 

We sent the transcript originally. 

 

This time we'll be sending the transcript again along with the 1040 and any other documents we can gather. 

[Chardon Ne' 71]

13 hours ago, Rob&Jen said:

 

We sent the transcript originally. 

 

This time we'll be sending the transcript again along with the 1040 and any other documents we can gather. 

Great! any thought on changing household size? Only asking because if you sent the transcript it may not be the issue. I wish they would itemize and be specific because how else would you know? Smh. 

[aaron2020 11,651]

3 hours ago, Chardon Ne' said:

Great! any thought on changing household size? Only asking because if you sent the transcript it may not be the issue. I wish they would itemize and be specific because how else would you know? Smh. 

Once they find an ineligibility, they stop reviewing the file.  Why would you expect them to continue to examine an I-864 that is already inadequate for every error?  The responsibility for a correct submission so the US Government is not wasting time and resources is on the person submitting it.  If you can not DIY, then hire a lawyer.  It's not the US Government's responsibility to review an I-864 for every error when one inadequacy is enough to not meet the requirements.