Income question

[Bzlibem 111]

Hi all!

I applied for a green card, marriage based. I need help and advise with my RFIE.

our household size is 2, it's only me and my husband. Since we lived abroad till June 2016, my husband started 2 jobs in July 2016. The anticipated income from both jobs is 27,000$ 

As I added the income stated on the employers letters that we included with the Affidavit of support. 

we filed 2016 taxes recently but the income was around 13,000$ since he started work in July and it hasn't been full year. 

I got a RFIE asking for 2016 tax and stating that sponsor (my husband) doesn't meet the poverty guideline 

I counted it before when I completed Affidavit of Support and we were around 7,000$ over the minimum income 

 

My question is what should I do? In the situation that on our most recent tax return income is $13,000 but the employers stated that anticipated income is gonna be total of 27,000$ 

 

Im really freaked out here, I would be glad if someone advised what should I include in my response to RFIE 

 

 

Edited March 2, 2017 by Bzlibem

[Eric-Pris 1,607]

You won't have tax returns showing the new job income since it's a new job.

You will need a letter from the employer stating what his annual salary is.

 

 

[Bzlibem 111]

Yes and I submitted both letters from both employers along with the Affidavit of support 

Do you think that it will be a problem for USCIS that the income stated on letters: 19,500$ and 7,500$ So 27,000$ is not the amount earned through 2016 as stated on 2016 tax return? 

Should I submit the letters and pay stubs again along with the tax return as the response to RFIE? 

Thank you so much for replying 

[Suss&Camm 2,213]

When did you file? In 2016? Cause your anticipated income for 2016 wouldn't be $27,000 but for 2017 it would.

[Bzlibem 111]

I send package in mid January 2017, before w2 was even issued so technically the most recent tax year for me was 2015, therefore I included only 2015 tax return 

i got a RFE similar or the same as most of people in the thread of my filling month: to send the most recent tax year documents : 1040s, w2s  and also that the sponsors income is below the requirement

[Suss&Camm 2,213]

1 hour ago, Bzlibem said:

I send package in mid January 2017, before w2 was even issued so technically the most recent tax year for me was 2015, therefore I included only 2015 tax return 

i got a RFE similar or the same as most of people in the thread of my filling month: to send the most recent tax year documents : 1040s, w2s  and also that the sponsors income is below the requirement

The part about being below the requirement, is ALWAYS there on the rfe when the rfe concerns the i-864. It's an automatic box that follows something else. The point is, this doesn't mean that you necessarily don't make enough, but rather that they want more paperwork. Yes, as you say they are wanting the 2016 returns even though it's not technically required according to the instructions at this point. 

 

I can understand it in a way being so close to the tax season cut off. Also, if you filed in 2017 your anticipated income that you enter on the form would be for 2017. If you then only sent along the 2015 tax documents, there is a whole tax year missing.

 

So if they are asking for the 2016 (transcript or return including w2's and everything else that was filed with it) all you and the OP can do is send it. But I'd also make sure that everything else on the i-864 is filled in correctly, cause I've seen many rfe's that have had the exact same statement and when digging deeper they had entered the numbers wrong on the form. So double check that the correct numbers from the 1040's are used on 19a-19c and for the anticipated household income and further that the household size entered is correct and that no evidence to prove the current income was forgotten the first time around.

[Bzlibem 111]

21 minutes ago, Suss&Camm said:

The part about being below the requirement, is ALWAYS there on the rfe when the rfe concerns the i-864. It's an automatic box that follows something else. The point is, this doesn't mean that you necessarily don't make enough, but rather that they want more paperwork. Yes, as you say they are wanting the 2016 returns even though it's not technically required according to the instructions at this point. 

 

I can understand it in a way being so close to the tax season cut off. Also, if you filed in 2017 your anticipated income that you enter on the form would be for 2017. If you then only sent along the 2015 tax documents, there is a whole tax year missing.

 

So if they are asking for the 2016 (transcript or return including w2's and everything else that was filed with it) all you and the OP can do is send it. But I'd also make sure that everything else on the i-864 is filled in correctly, cause I've seen many rfe's that have had the exact same statement and when digging deeper they had entered the numbers wrong on the form. So double check that the correct numbers from the 1040's are used on 19a-19c and for the anticipated household income and further that the household size entered is correct and that no evidence to prove the current income was forgotten the first time around.

Thank you for advice! 

Do you think it'd hurt if I send I-864 again in my RFIE response package? So then I could put in 2016 as the most recent tax year and submit the supporting documentation once again

[Suss&Camm 2,213]

Just now, Bzlibem said:

Thank you for advice! 

Do you think it'd hurt if I send I-864 again in my RFIE response package? So then I could put in 2016 as the most recent tax year and submit the supporting documentation once again

I think that's a good idea. I'd also include a cover letter explaining why you are sending an updated version. It also wouldn't hurt to include some updated evidences of current income, just for extra evidence imo.

[Suss&Camm 2,213]

Make sure 19a-19c is exactly the same as line 22 on the 1040 (AGI) and that the anticipated income is what you anticipate as gross income (not AGI).

[Bzlibem 111]

22 minutes ago, Suss&Camm said:

I think that's a good idea. I'd also include a cover letter explaining why you are sending an updated version. It also wouldn't hurt to include some updated evidences of current income, just for extra evidence imo.

 

That's what I'm gonna include in my package :

1. RFIE letter

2. Cover letter explaining why am I sending the updated version of I-864  and listing all supporting documentation 

3. I-864 and  2016's 1040, schedules, w2 and 1099-misc

4. Full time employer letter stating that's the permanent position, his average work hours a week, wage per hour and annual salary

5. Part time employer letter stating the same as above 

6.printed out poverty guidelines and highlited the row that applies to us

7. Bank statements (6 months) with highlited direct deposits from both full and part time 

8. 12 most recent pay stubs from full time job (since we don't get pay stubs from part time) 

 

If you have any suggestion what could I include more or what am I missing, please correct me   

 

I have one more question. When my husband started his part time, he was said that he is an employee (he works regular hours at one wage) Although the employer issued 1099-misc instead of w2 as she hasn't been deducting tax from his paycheck for part time. She agreed to make a new, updated employer's letter saying that she issued 1099-misc because of economic/convenience reasons and that my husband is indeed employed at her company. Should I check on the updated I-864 the 'self employed' box , or should I put it under and classify it as employer number 2?

this is a tough one for me. We had no idea that she wasn't going to issue w2 and we got a form  1099-misc for independent contractor. She said it's only because she doesn't have payroll system and she doesn't deduct tax from paychecks. 

What is your opinion about it ? I could check in the self employement box on I-864 or leave it as it was under 'employer number 2' and highlight the direct deposits, that are regular and similar amount, on the bank statements that include the company name that my husband has his part time at and include the employer letter saying that he is an employee .

 

thank you so so much for help!

Sorry for the mess! 

 

Edited March 3, 2017 by Bzlibem

[Suss&Camm 2,213]

5 minutes ago, Bzlibem said:

 

That's what I'm gonna include in my package :

1. RFIE letter

2. Cover letter explaining why am I sending the updated version of I-864  and listing all supporting documentation 

3. 2016's 1040, schedules, w2 and 1099-misc

4. Full time employer letter stating that's the permanent position, his average work hours a week, wage per hour and annual salary

5. Part time employer letter stating the same as above 

6.printed out poverty guidelines and highlited the row that applies to us

7. Bank statements (6 months) with highlited direct deposits from both full and part time 

8. 12 most recent pay stubs from full time job (since we don't get pay stubs from part time) 

 

If you have any suggestion what could I include more or what am I missing, please correct me   

 

That looks like a very good list. Good about the highlighting too. I'll just stress again to really double and triple check all entries on the i-864.

 

5 minutes ago, Bzlibem said:

I have one more question. When my husband started his part time, he was said that he is an employee (he works regular hours at one wage) Although the employer issued 1099-misc instead of w2 as she hasn't been deducting tax from his paycheck for part time. She agreed to make a new, updated employer's letter saying that she issued 1099-misc because of economic/convenience reasons and that my husband is indeed employed at her company. Should I check on the updated I-864 the 'self employed' box , or should I put it under and classify it as employer number 2?

this is a tough one for me. We had no idea that she wasn't going to issue w2 and we got a form  1099-misc for independent contractor. She said it's only because she doesn't have payroll system and she doesn't deduct tax from paychecks. 

 

According to the two links below, if a person is an employee and not an independent contractor the employer MUST issue a w2 and withhold taxes (See top right corner of 2nd link page 2. Also the first link states that: 

"If payment for services you provided is listed in box 7 of Form 1099-MISC, Miscellaneous Income, the payer is treating you as a self-employed worker, also referred to as an independent contractor.

• You don't necessarily have to have a business for payments for your services to be reported on Form 1099-MISC. You may simply perform services as a non-employee.
• The payer has determined that an employer-employee relationship doesn't exist in your case"

https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/interest-dividends-other-types-of-income/1099-misc-independent-contractors-and-self-employed/1099-misc-independent-contractors-and-self-employed-1

https://www.irs.gov/pub/irs-pdf/p1779.pdf

 

So basically she has made the decision that en employer-employee relationship doesn't exist by issuing a 1099-misc. 

 

 

[Suss&Camm 2,213]

Is there no evidence similar to a pay-stub that you can get from the employer as proof of those payments? I mean other than just the deposit showing on the bank account? Perhaps you can ask her for something.

[Bzlibem 111]

1 minute ago, Suss&Camm said:

 

That looks like a very good list. Good about the highlighting too. I'll just stress again to really double and triple check all entries on the i-864.

 

 

According to the two links below, if a person is an employee and not an independent contractor the employer MUST issue a w2 and withhold taxes (See top right corner of 2nd link page 2. Also the first link states that: 

"If payment for services you provided is listed in box 7 of Form 1099-MISC, Miscellaneous Income, the payer is treating you as a self-employed worker, also referred to as an independent contractor.

• You don't necessarily have to have a business for payments for your services to be reported on Form 1099-MISC. You may simply perform services as a non-employee.
• The payer has determined that an employer-employee relationship doesn't exist in your case"

https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/interest-dividends-other-types-of-income/1099-misc-independent-contractors-and-self-employed/1099-misc-independent-contractors-and-self-employed-1

https://www.irs.gov/pub/irs-pdf/p1779.pdf

 

So basically she has made the decision that en employer-employee relationship doesn't exist by issuing a 1099-misc. 

 

 

God, we had no idea ?

What should I do? Since we don't own any business, but under part time we are self employed? 

Should i check in the self employement box and get a letter from my employer stating that it's a permanent contract or services or something? In order to prove to uscis that's its stable income from part time..  

i have no idea how to solve it

[Bzlibem 111]

1 minute ago, Suss&Camm said:

Is there no evidence similar to a pay-stub that you can get from the employer as proof of those payments? I mean other than just the deposit showing on the bank account? Perhaps you can ask her for something.

I can ask her but so far the only official thing from her that we have is 1099-misc.

She doesn't do any problems and she is willing to help with this , so she can write anything we want that may help us 

[Suss&Camm 2,213]

2 minutes ago, Bzlibem said:

God, we had no idea ?

What should I do? Since we don't own any business, but under part time we are self employed? 

Should i check in the self employement box and get a letter from my employer stating that it's a permanent contract or services or something? In order to prove to uscis that's its stable income from part time..  

i have no idea how to solve it

I mean.. it's really on her and I'm unsure of the best way. According to the definitions of his work.. he's an employee, but according to the employer's filing he's an independant contractor. It's quite confusing...