RFE Tax documentation

[Wisconsinbly 46]

We got an RFE yesterday and I would love some expert advice on what they're asking for, so we can send them the right stuff this time.

 

The RFE was about 3 things:

 

1. Submit all supporting tax documentation (W-2, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year.

With our initial paperwork, we submitted W-2, which was like 1 page, and I think Form 1040, which at the time I thought was relevant, and it was like 2 pages long. I admit it was my mistake to not do a thorough research on the needed tax documents, because I thought I had got it. So, now I have a question:

 

I was reading on the forum that some people request a tax transcript from IRS and send that, and they say that the transcript includes all the forms necessary. Is that true? I'm the foreign citizen spouse and tax docs are really confusing to me, so the easier I can get it, the better. Lol If we request a tax transcript, is there anything else we would need to send in addition?

 

2. Based on the documents submitted with Form I-864, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household size.

Our household size is 2 people (my wife is the petitioner). Her income is well over 125%, which was noted on I-864. But I'm thinking because I didn't send the right tax docs, that number wasn't supported with any evidence, hence the request to use assets. Do you guys agree?

 

3. The petitioner lists their current income on I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

My wife had a job with one company until the end of August 2017. In September of 2017, she started on a new job. Her current income is the same as on the old job, well above 125%. But because she's only been with the new company for 5 months, they could not put annual salary on the letter of employment that we initially submitted. They put "her bi-weekly salary is ...". And, unfortunately, I did not think to send off copies of her pay stubs for the last 6 months to prove current income.

 

So, my questions are as follows. Because we're not sure we have all the pay stubs for the last 6 months and because getting a proper letter of employment is difficult in her company (the first time they sent an email which we had to print, so there was no wet signature from HR), would it be better to wait until we submit our taxes this year and just send a tax transcript for 2017? That way, the transcripts will show her employment with the old company and the income there and the employment with the new company and the income so far there. I will also include all the pay stubs we'll be able to find for the past 6 months and a letter of employment.

 

Another question is about I-864. In Part 6, q. 19 it asks for annual income, as stated on tax returns for the last 3 years. I did put in the numbers for the last 3 years, but we only sent off a tax return for the most recent tax year. I can tell now that everything you put on a form, they want documentation to prove it. So, should we get tax transcripts for the last 3 years to back up those numbers in I-864, just in case?

 

Also, when we send off our reply, they're asking to include copies of the actual RFE, but I read that some VJ members would make copies for themselves and send off the original RFE letter. What is the best approach? Does it even matter?

 

Lastly, in RFE letter, they're asking the letter of employment to include "yearly salary learned". Since my wife has only worked for the new company for 5 months so far, I don't think the HR person will be comfortable putting approximate future annual salary... What should we do? Make a cover letter and explain the situation there?

 

I know I should've been much more prepared when sending off our original paperwork, but it is what it is. Lesson learned.

 

I appreciate any advice you guys can give.

[Wisconsinbly 46]

4 hours ago, amerisian said:

-Hang on there, everything will be alright and you'll be with your wife soon without you knowing it...   Haven't seen my husband for 2 years before I came here. Now, we are inseparable. lol.  

Hey, amerisian!

I'm afraid I forgot to mention in my first post that I am AOS'ing from K-1. But I figured I was posting in the right sub-forum.

Hence, your answers aren't totally relatable to my situation, but thank you for your time!

[amerisian 5]

1 hour ago, Wisconsinbly said:

Hey, amerisian!

I'm afraid I forgot to mention in my first post that I am AOS'ing from K-1. But I figured I was posting in the right sub-forum.

Hence, your answers aren't totally relatable to my situation, but thank you for your time!

Lol.. My bad..  Did not see the AOS.. Never mind. 

Edited January 13, 2018 by amerisian

[Wisconsinbly 46]

12 hours ago, amerisian said:

Lol.. My bad..  Did not see the AOS.. Never mind. 

No harm done. Good luck on your journey if it hasn't finished yet! ☺

[EvieMN 105]

You're right on question 2.

Your wife may make more than enough but if you can't prove it, USCIS can't confirm it.

We didn't obtain transcripts from IRS, just sent everything my husband had given to him by the person that did his taxes.

[Wisconsinbly 46]

2 hours ago, EvieMN said:

You're right on question 2.

Your wife may make more than enough but if you can't prove it, USCIS can't confirm it.

We didn't obtain transcripts from IRS, just sent everything my husband had given to him by the person that did his taxes.

Thank you for your answer!

My wife files taxes herself, online. We're thinking we might just get transcripts.