RFE for I-864

[lohicimos 0]

We have received an RFE from the NBC requesting:

 

1)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.

2) Based on the documents submitted with Form 1-864, 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.

 

However, combined our income is about $73K (he makes $26,000 and I am currently earning $48,000).  125% of Poverty Guideline is $20,300.

 

We did not submit a tax return with the I-864, because there wasn't one to submit. He has been unemployed until April of 2017. In lieu of that we submitted:

- a letter from his employer to verify current income

- a letter from husband explaining why he had no tax return to submit for 2016

- Copies of my Tax transcripts for the last 3 years

-letter from my employer

 

It is my understanding that my income (I am the intending immigrant) should be counted on the I-864 since my income will continue to come from the same source (a full-time job here in the U.S.) and we live together and have commingled expenses. Per page 7 of the I-864 instructions.

 

Basically, I'm confused as to why they sent this RFE. I am planning to resubmit what I sent as well as my husband's last 6 paychecks, an updated letter from his employer, an updated letter from my employer, and IRS documents showing he did not file for the year 2016. Unsure what else to send since he has no tax documents  for 2016¯\_(ツ)_/¯. We'll likely end up waiting until after we file our 2017 taxes since our deadline is early March. Any guidance or advice is appreciated!

 

We have an InfoPass appointment scheduled for 01/10/18 and depending on how much clarification we get there we'll be consulting with a lawyer afterwards.

 

I'll keep updating the thread in case anyone is in the same boat

 

[geowrian 22,338]

1. Yes, send the ITRs. Transcripts are the simplest: https://www.irs.gov/individuals/get-transcript. OR you can send the 1040 + W2s/1099s/etc. Don't mix and match.
   1. Unfortunately, nothing is jumping out as to why they rejected the ones you sent. But maybe it's due to the issue noted below, depending on what the answer is.
2. This appears as a result of #1. If the income cannot be qualified for any reason, then it won't meet the 125% level either.

1 hour ago, lohicimos said:

It is my understanding that my income (I am the intending immigrant) should be counted on the I-864 since my income will continue to come from the same source (a full-time job here in the U.S.) and we live together and have commingled expenses. Per page 7 of the I-864 instructions.

Is the income earned from authorized work? Only authorized work can be counted. Your timeline indicates you are a visa overstayer, but does not clarify if you had, for instance, DACA and were granted an EAD based upon that designation (I know you applied for an EAD now, but idk about what basis you are authorized to work now, if any).

Edit: And for what reason was he not required to file taxes last year? Did he have no income?

 

The additional evidence of income is fine to send, but the RFE is really due to the ITRs. Providing the letter stating that he was not required to file is correct, so I'm unsure why they didn't accept that, sorry.

Edited December 31, 2017 by geowrian

[lohicimos 0]

Hey Geowrian,

 

You are correct! I have had DACA for the last 4 years and I have only worked in the states with that EAD. So I believe it should count as authorized work. My parents brought me over with a tourist visa when I was an infant and I haven't been back to Mexico since. I wonder if they just saw that my husband had no tax return for the last year (he was a student, then did volunteer work up until the month we married). And decided not to look at the other info I provided. And I'm also seeing that a lot of sponsors with new jobs at time of sending AOS packet also provide 6 months of paystubs along with a letter from their employer (We only included a letter from his employer, and a letter from him explaining the lack of tax returns). So perhaps that was it?

 

[geowrian 22,338]

5 minutes ago, lohicimos said:

You are correct! I have had DACA for the last 4 years and I have only worked in the states with that EAD. So I believe it should count as authorized work. My parents brought me over with a tourist visa when I was an infant and I haven't been back to Mexico since. I wonder if they just saw that my husband had no tax return for the last year (he was a student, then did volunteer work up until the month we married). And decided not to look at the other info I provided. And I'm also seeing that a lot of sponsors with new jobs at time of sending AOS packet also provide 6 months of paystubs along with a letter from their employer (We only included a letter from his employer, and a letter from him explaining the lack of tax returns). So perhaps that was it?

Yup, your income can be included on the I-864 then.

I would definitely suggest including the pay stubs. I don't think that's the cause of the RFE, but it is something that should be sent anyway IMO.

 

Hopefully the InfoPass appointment can clarify the precise cause of why the ITR is still being requested.Either way, the options would be to either 1) file 2016's return (and have $0 taxable income anyway), or 2) explain why he was not required to file a return. It is possible they just overlooked (or even lost) the letter, so putting that on top (under the cover letter) on the response hopefully helps.

 

Best wishes!

Edited December 31, 2017 by geowrian

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.