I-864 RFE

[bugnaw 0]

Received RFE today, they state that I did not submit any supporting documentation proving my income as stated on the I-864.

 

1. They are asking for W2 and tax forms for most recent tax year - I haven't filed taxes for 2016 yet, I have 2016 W2 but obviously no 1040. Can I send them 1040 from 2015 tax year? I can send both 2015 and 2016 W2s.

2. They also ask for the last six months of pay stubs and letter from employer - I have these, and will send them.

 

The confusing part is they ask for documentation assets and/or co-sponsor (income not sufficient enough etc.). My income is currently (and has been for a very long time) well above the 125% poverty guidelines according to the document I obtained from the USCIS web site. Do I really need to bother with this?

 

I did send them the past three years IRS tax transcripts with the original packet, did they not read these....

 

[aleful 1,905]

hi

 

the most recent tax year is 2015, you don't have to send 2016 until after tax season is over. so nothing of 2016

so what financial evidence did you send with your 2015 tax?
 

that's a generic letter, if you needed a joint sponsor or assets if your income isn't enough

 

 

[A'n'L 735]

Did you send letter of employment and pay stubs originally?

 

As said, 2015 is regarded the most recent tax year until April 15th.

[Suss&Camm 2,213]

There have been some common mistakes regarding the new i-864 form. It would be good if you wrote exactly what the RFE says and exactly what you sent. if you want to get the right help, and rule out the different causes of RFE.

[bugnaw 0]

5 minutes ago, Suss&Camm said:

There have been some common mistakes regarding the new i-864 form. It would be good if you wrote exactly what the RFE says and exactly what you sent. if you want to get the right help, and rule out the different causes of RFE.

Ok, what the RFE itself contains:

 

Request for initial evidence (I-485)

 

(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 petitioner/sponsor's current income. Such evidence should include:

Pay stubs or other documentation of pay for the previous six months

Evidence of other income, such as Tax-Exempt interest, Qualified Dividends, IRA Distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)

 

Letter of employment 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 on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size

 

Submit evidence of assets that meet the standards listed below or obtain a joint sponsor. Assets must equal the difference between the petitioner/sponsor's household income and 125% (100% if military) of the poverty guideline.

 

(list of items regarding assets, etc..)

 

Note: The total income (line 22) on IRS Form 1040 is used to determine qualifying income for a sponsor, not the Gross Receipts (line 1) from IRS Schedule C or C-EZ

 

What I sent with the original I-864 were last three years tax transcripts, obtained from the IRS.

 

Per the instructions for I-864:

Part 6, Item number 2: Current Individual annual income - it states You may include evidence supporting your claim about your expected income for the current year....You are not required to submit this evidence unless instructed to do so by a U.S. Government official... (A list of items including pay stubs, employer letter etc)

Item numbers 18a-20, Federal income tax information - It states that you provide an IRS Transcript OR photocopy of your own records... (W2s and such not required if you submit IRS transcripts)

 

According to the instructions for the form, the three years of IRS Transcripts should have been enough. I probably should have submitted a pile of extra paperwork, which is what I'm having to do anyway, but the item about 'income did not meet 125%' is really confusing - did they lose the tax transcripts I sent them lol...

 

 

 

[Suss&Camm 2,213]

2 minutes ago, bugnaw said:

Ok, what the RFE itself contains:

 

Request for initial evidence (I-485)

 

(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 petitioner/sponsor's current income. Such evidence should include:

Pay stubs or other documentation of pay for the previous six months

Evidence of other income, such as Tax-Exempt interest, Qualified Dividends, IRA Distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)

 

Letter of employment 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 on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size

 

Submit evidence of assets that meet the standards listed below or obtain a joint sponsor. Assets must equal the difference between the petitioner/sponsor's household income and 125% (100% if military) of the poverty guideline.

 

(list of items regarding assets, etc..)

 

Note: The total income (line 22) on IRS Form 1040 is used to determine qualifying income for a sponsor, not the Gross Receipts (line 1) from IRS Schedule C or C-EZ

 

What I sent with the original I-864 were last three years tax transcripts, obtained from the IRS.

 

Per the instructions for I-864:

Part 6, Item number 2: Current Individual annual income - it states You may include evidence supporting your claim about your expected income for the current year....You are not required to submit this evidence unless instructed to do so by a U.S. Government official... (A list of items including pay stubs, employer letter etc)

Item numbers 18a-20, Federal income tax information - It states that you provide an IRS Transcript OR photocopy of your own records... (W2s and such not required if you submit IRS transcripts)

 

According to the instructions for the form, the three years of IRS Transcripts should have been enough. I probably should have submitted a pile of extra paperwork, which is what I'm having to do anyway, but the item about 'income did not meet 125%' is really confusing - did they lose the tax transcripts I sent them lol...

 

 

 

I have seen several ppl lately that have been asked to submit W2's, 1099 etc when sending transcripts, some of these have been self-employed ppl. Perhaps the combination of not sending any supporting tax information in addition to nothing extra to support the claim of future expected income, made them ask for something more.

 

In any case... sending what you suggested will solve your problem. I just wanted to rule out any other "faults" that have had to do with the form itself that I have seen lately, and that does'n not seem to be the issue. In regards to tax year it's still as said above 2015 that's the most recent. 

[Suss&Camm 2,213]

oh, and everything from this point

 

(X) Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size

 

...and down is automatically generated, as a consequence of the issue they have told you about in the first two points.

Edited February 3, 2017 by Suss&Camm