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Ready to submit response to RFE re I-864!! PLEASE HELP!

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Hello all,

 

I received an RFE from USCIS regarding my husband's tax documentation and indicating that he did not meet the poverty guideline. I am summarizing their request and my concerns below.

 

1. The petitioner/sponsor's supporting tax documentation --  My husband worked outside of the U.S. for the past three years and as such he did not receive W-2s. We submitted his complete tax return which included: Form 1040, Schedule B and Form 2555-EZ. The Form 1040 is clear on what supporting tax documents were included, so I am not sure why we were asked for this. My husband requested a 'transcript of account' which clearly indicates that the tax return was filed. However, we just realized that there are different types of transcripts and that there is one ('return transcript') that shows supporting tax documents that were filed. Has anyone used the 'transcript of account' before?

 

2. My husband received a new job in the U.S. (which he began in April this year) and his current annual compensation (which is what we indicated in his I-864) is well over the poverty guideline. We submitted with the application his last three paystubs and a letter from his employer confirming his compensation. Nonetheless, according to the RFE, my husband does not meet the poverty guideline. So, they asked us to provide evidence of assets or obtain a joint sponsor - we did both.

 

- We are including evidence from three of our bank accounts (outside of the U.S.) in the form of bank account statements for the past 12 months for each of them. We are providing an Excel sheet where we add up the amounts in each account for each month and then we calculate the average. After that, we added the averaged amounts from the three accounts and converted the amounts into U.S. dollars. We provided an online excerpt from a currency exchange converter (XE.com) to show where we got that number from. In addition, we are also including again the letter confirming his current employment (and recent paystubs), and copies of his 2017 paystubs from his previous employer from abroad. This should suffice, right?

 

Finally, we are using his father as the joint sponsor. His father's income is sufficient to meet the poverty guideline; however, we included his father's wife in the I-864 as well because they file their taxes jointly. His wife will sign the I-864a with him. I attached copies of their:

a. Complete tax return

b. My father-in-law's paystubs for the past 6 months

c. A letter from my father-in-law's employer confirming his current annual income

d.Passport identity pages for both.

 

They are not asking for paystubs or a letter confirming employment but I am including them because his current salary is higher this year from the one shown in his 2016 W-2 so I feel like I need to provide documentation showing where that number is coming from. What do people here do in the "Current annual income" question of the I-864? The way I am addressing this question is as if you asked me for my current salary, but I have read that some people put there what they anticipate to make in the current year.

 

I would be immensely grateful if anyone who has been in a similar position or has expertise in this area can share your thoughts or suggestions.

 

Thank you all.

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