RFIE for I-864

[J&A10 17]

Received RFIE letter in the mail today.
Similar to this letter  

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

[Suudsu 66]

3 minutes ago, J&A10 said:

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

From the I-864 instructions:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Quote

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

The emphasis is mine. If the petitioner's income is above the poverty level, and that is the basis upon which you intend to qualify, I would recommend including pay stubs for the previous six months (to establish the rate of pay) and a letter from the petitioner's employer. There are lots of example letters online.

 

Otherwise, USCIS is suggesting that you use assets to make up the difference, or a joint sponsor.

[JoJoJoJo 170]

6 minutes ago, J&A10 said:

Received RFIE letter in the mail today.
Similar to this letter  

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

We got exactly the same thing! The same two items with the same wording. No tips, only sympathy...

 

What you plan to do makes a lot of sense to me. But it is not what was requested if you read the letter word by word... Maybe we have to read between the lines.

 

Hopefully someone else can provide some experience.

 

 

 

[Ebunoluwa 6,136]

19 minutes ago, J&A10 said:

Received RFIE letter in the mail today.
Similar to this letter  

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

No, it's not about the 2016 income.
What did you submit to prove your current income ?
Self empolyed or employee ?

[J&A10 17]

14 minutes ago, Suudsu said:

From the I-864 instructions:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

The emphasis is mine. If the petitioner's income is above the poverty level, and that is the basis upon which you intend to qualify, I would recommend including pay stubs for the previous six months (to establish the rate of pay) and a letter from the petitioner's employer. There are lots of example letters online.

 

Otherwise, USCIS is suggesting that you use assets to make up the difference, or a joint sponsor.

The petitioner's income has been above poverty level for all of 2017, as well as 2014 and 2015, so that's what we've been basing it on. We attached 2017 pay stubs and an employment verification letter when originally submitting the I-485, but didn't give explanation when filing about why 2016 was low. 

 

 

11 minutes ago, JoJoJoJo said:

We got exactly the same thing! The same two items with the same wording. No tips, only sympathy...

 

What you plan to do makes a lot of sense to me. But it is not what was requested if you read the letter word by word... Maybe we have to read between the lines.

 

Hopefully someone else can provide some experience.

 

 

 

 

We will include the petitioner's bank statements for the past 12 months when we provide additional evidence, which is what they ask for in the request for initial evidence.. these statements will show deposits that are above poverty level, when all totaled together. We hope that will help.

 

 

1 minute ago, Ebunoluwa said:

No, it's not about the 2016 income.
What did you submit to prove your current income ?
Self empolyed or employee ?

 

Employee of a company since the beginning of 2017. We submitted an employment verification letter and some pay stubs. We're going to include bank statements for the past 12 months for when we give additional evidence, and will give 2014 and 2015 tax returns, to show that the petitioner's income has always been way above poverty level (except for in 2016). 

[JoJoJoJo 170]

15 minutes ago, J&A10 said:

The petitioner's income has been above poverty level for all of 2017, as well as 2014 and 2015, so that's what we've been basing it on. We attached 2017 pay stubs and an employment verification letter when originally submitting the I-485, but didn't give explanation when filing about why 2016 was low. 

 

I am not sure whether it is helpful, but we have a cover letter explaining some general background (just like how you share your situation here on VJ) and what every piece of evidence is for. If we make a claim, we quote their instructions. We even put a square sticker on each of the evidence, explaining what that evidence is used to prove. Otherwise, if we dump a lot of evidence to USCIS, they will have to figure out what is going on, and they might misunderstand what is for what. Just thought it would make it convenient for USCIS to easily make a decision with all the information you intend to show without misunderstanding.

 

We will include the petitioner's bank statements for the past 12 months when we provide additional evidence, which is what they ask for in the request for initial evidence.. these statements will show deposits that are above poverty level, when all totaled together. We hope that will help.

 

If you used deposits, the 12 monthly savings are averaged  and not totaled as the RFIE requires. Also, it has to be three times the difference between the poverty line and your income.

 

 

Employee of a company since the beginning of 2017. We submitted an employment verification letter and some pay stubs. We're going to include bank statements for the past 12 months for when we give additional evidence, and will give 2014 and 2015 tax returns, to show that the petitioner's income has always been way above poverty level (except for in 2016). 

My replies are in blue above

Edited November 7, 2017 by JoJoJoJo

[Clara B. 119]

I don't know if this is an option but maybe you could wait till January, submit a tax return for 2017 and a letter explaining that you were studying on 2016. I think they only care for the most recent year. Or if you have the difference in a savings account, around 30k, you could send the bank statement for the last 12mo for that account.

The easiest way would be to add a co-sponsor.