Rfe received please help

[Nazir1125 0]

Hello I was wondering if any could help me out. I received an rfe the other day and trying to gather everything they need before sending it.

 

This is what it said:

 

1)Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

 

2)

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor and household members, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

 

I am a us citizen sponsoring my husband. Who came on a visiting visa. Now expired.

 

I currently make $27,000 which is above poverty line. I have sent them previously my 2015 2016 taxes and w2's I did not file in 2014 didn't make enough to file. In 2015 I only made $14,000 and 2016 only $15,000. I also sent in employment letter stating this year I'll make 27,000 and most recent pay stubs proving that as well.

 

 

I'm really confused do they want 2017 even though it's not the deadline? Did I send not full tax return (lawyer sent only 1 sheet of tax paper out of the 100 pages I gave)  or do I need a Co sponsor or joint sponsor?

 

My lawyer says I make well over the poverty line and says we should just send my 2017 w2 (I will be getting an extention for filing until october)  and also send more paystubs. 

 

 

Can someone please help?

[Khallaf 650]

12 minutes ago, Nazir1125 said:

Hello I was wondering if any could help me out. I received an rfe the other day and trying to gather everything they need before sending it.

 

This is what it said:

 

1)Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

 

2)

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor and household members, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

 

I am a us citizen sponsoring my husband. Who came on a visiting visa. Now expired.

 

I currently make $27,000 which is above poverty line. I have sent them previously my 2015 2016 taxes and w2's I did not file in 2014 didn't make enough to file. In 2015 I only made $14,000 and 2016 only $15,000. I also sent in employment letter stating this year I'll make 27,000 and most recent pay stubs proving that as well.

 

 

I'm really confused do they want 2017 even though it's not the deadline? Did I send not full tax return (lawyer sent only 1 sheet of tax paper out of the 100 pages I gave)  or do I need a Co sponsor or joint sponsor?

 

My lawyer says I make well over the poverty line and says we should just send my 2017 w2 (I will be getting an extention for filing until october)  and also send more paystubs. 

 

 

Can someone please help?

because they are only looking for the 2016 tax return you did not meet the poverty guidelines, they will not accept 2017 until after 4/18/18...so you will need to get a co-sponsor or be able to make up the difference in assets.

[Nazir1125 0]

13 minutes ago, Khallaf said:

because they are only looking for the 2016 tax return you did not meet the poverty guidelines, they will not accept 2017 until after 4/18/18...so you will need to get a co-sponsor or be able to make up the difference in assets.

My lawyer is saying  because my current income for 2018 is above that it will be enough if I have enough evidence to prove it. That my previous taxes will not take into account because I currently make enough.

[geowrian 22,337]

Did you recently change jobs/positions, get a considerable pay raise, or change working hours? What explains the $27k current income and lower past income?

 

The simplest approach to the tax returns is to send tax transcripts...it has the least margin for error in documentation being provided.

Since you didn't file for 2014, a letter stating why should have been provided (since it sounds like you checked off the option to send 3 years instead of 1 on the I-864). It doesn't sound like this is related to the RFE, though.

 

Sending the 2017 W-2, a letter as to why you have not filed yet (probably not necessary but won't hurt), and at least a few months of pay stubs should be fine (assuming all of them show that you currently make enough to be a sponsor).

 

3 minutes ago, Nazir1125 said:

My lawyer is saying  because my current income for 2018 is above that it will be enough if I have enough evidence to prove it. That my previous taxes will not take into account because I currently make enough.

He's not wrong...current income is what matters here. But he's also right that you need to have the evidence to support it, which likely isn't possible looking only at 2018 since we are less than 2 full months into the year. Tax returns can be one source of evidence.

Edited February 22, 2018 by geowrian

[Nazir1125 0]

I sent in an employment letter with what I will be making hourly as well as my annual income. I have had the same job for 4 years and that shows as well on my previous taxes I used. I recently got a pay increase as well as adjusted hours beginning December 2017. For 2017 I did not meet requirements again I made $15,000. All 3 year tax returns and w2s don't meet requirement only my currant wages as of 2018. 

 

I did check option for 3 tax returns on the form. I sent w2s for all years but did not send my taxes returns for 2014 because I did not file. My lawyer has filed explaining I did not make enough to file. 

 

I'm very confused on what to do. Do I only get one chance to resubmit these proofs? If I can show 6 pays tubs and employment letter is that going to be enough evidence? What else are my options? 

[Mano 50]

2 hours ago, Nazir1125 said:

I sent in an employment letter with what I will be making hourly as well as my annual income. I have had the same job for 4 years and that shows as well on my previous taxes I used. I recently got a pay increase as well as adjusted hours beginning December 2017. For 2017 I did not meet requirements again I made $15,000. All 3 year tax returns and w2s don't meet requirement only my currant wages as of 2018. 

 

I did check option for 3 tax returns on the form. I sent w2s for all years but did not send my taxes returns for 2014 because I did not file. My lawyer has filed explaining I did not make enough to file. 

 

I'm very confused on what to do. Do I only get one chance to resubmit these proofs? If I can show 6 pays tubs and employment letter is that going to be enough evidence? What else are my options? 

According to my experience stand alone pay stubs and employer letter will not work.. Even it is true your current income is sufficient for that year backed by yr pay stubs but even in my case CO even didn't look at them the only thing that he wants to look at that is Adjusted gross income on my tax return as well as most recent signed i-864. 

[geowrian 22,337]

Thanks for the details....that does help get a better understanding of the circumstances!

 

I think the issue you're facing is that you have only been making the required minimum income for a couple months, so there is not much evidence to show that income level. USCIS is usually pretty lenient from my observations, but they do seem to be getting a little more strict lately. This could just be coincidence as we certainly don't see every case (or even that many as a percentage of all of them) on VJ.

 

I'm doubtful only resubmitting the same evidence will satisfy the IO. It's possible they lost or misplaced something (it happens), but I would work under the assumption that what was sent was not sufficient for them. The additional pay stubs should help, but I honestly don't know if it is enough or not...that is a decision the IO makes. I will have to defer to others for other ideas on what to send.

 

The other option is to find a joint sponsor (any USC or LPR living in the US) and have them also send an I-864 and supporting evidence.

[Nazir1125 0]

1 hour ago, geowrian said:

Thanks for the details....that does help get a better understanding of the circumstances!

 

I think the issue you're facing is that you have only been making the required minimum income for a couple months, so there is not much evidence to show that income level. USCIS is usually pretty lenient from my observations, but they do seem to be getting a little more strict lately. This could just be coincidence as we certainly don't see every case (or even that many as a percentage of all of them) on VJ.

 

I'm doubtful only resubmitting the same evidence will satisfy the IO. It's possible they lost or misplaced something (it happens), but I would work under the assumption that what was sent was not sufficient for them. The additional pay stubs should help, but I honestly don't know if it is enough or not...that is a decision the IO makes. I will have to defer to others for other ideas on what to send.

 

The other option is to find a joint sponsor (any USC or LPR living in the US) and have them also send an I-864 and supporting evidence.

Thank you very much. Is there only one chance to submit these proofs? Or will I just get another rfe if evidence is still not sufficient enough. 

 

I could add a cosponsor, my mother. But she is missing one of her 3 year taxes. If I use her can we submit the form with both of our 2017 w2 (both waiting to file) and 2016 return? Or does it have to be all 3? She lives with me but I only filed 2 in household size. 

 

It's just really confusing when the lawyer I paid is telling me I make enough and not to worry that sometimes they make mistakes and to just  resend but what happens if I send and they reject what happens next? 

Edited February 23, 2018 by Nazir1125

[geowrian 22,337]

1 hour ago, Nazir1125 said:

Thank you very much. Is there only one chance to submit these proofs? Or will I just get another rfe if evidence is still not sufficient enough. 

 

I could add a cosponsor, my mother. But she is missing one of her 3 year taxes. If I use her can we submit the form with both of our 2017 w2 (both waiting to file) and 2016 return? Or does it have to be all 3? She lives with me but I only filed 2 in household size. 

 

It's just really confusing when the lawyer I paid is telling me I make enough and not to worry that sometimes they make mistakes and to just  resend but what happens if I send and they reject what happens next? 

There is no way to know exactly what they will do if the response is not satisfactory. They could issue another RFE if they believe there is further evidence available to meet the requirement, but they could also send a NOID or even deny the application outright. Usually you get one chance to respond to an RFE for a particular requirement, so I would approach it with that mindset personally. If they give you another chance, all the better.

 

I'm pretty risk-adverse, though. Your attorney doesn't sound like they are providing wrong advice...just a different level of risk tolerance I guess. USCIS certainly makes mistakes and/or loses documents, but I think there is a risk in only sending what you already sent since you don't know if they never got/reviewed it or they did so and determined that the existing evidence was insufficient to make a decision.

 

I'd suggest talking over the joint sponsor option with your attorney and see what they say, even if it's a backup plan.

 

Absolutely worst case is AOS is denied. You should still be able to refile it, so it's a financial cost + waiting issue more than anything.

[Nazir1125 0]

On 2/22/2018 at 9:48 PM, geowrian said:

There is no way to know exactly what they will do if the response is not satisfactory. They could issue another RFE if they believe there is further evidence available to meet the requirement, but they could also send a NOID or even deny the application outright. Usually you get one chance to respond to an RFE for a particular requirement, so I would approach it with that mindset personally. If they give you another chance, all the better.

 

I'm pretty risk-adverse, though. Your attorney doesn't sound like they are providing wrong advice...just a different level of risk tolerance I guess. USCIS certainly makes mistakes and/or loses documents, but I think there is a risk in only sending what you already sent since you don't know if they never got/reviewed it or they did so and determined that the existing evidence was insufficient to make a decision.

 

I'd suggest talking over the joint sponsor option with your attorney and see what they say, even if it's a backup plan.

 

Absolutely worst case is AOS is denied. You should still be able to refile it, so it's a financial cost + waiting issue more than anything.

I've decided to not take the risk. The chance of my husband being denied is not worth the risk. I do have a Co sponsor, my mother, but when I applied I put only 2 in household size not 3 (she does live with me) Will this effect me negatively? Also combined we make well over poverty line currently and have proofs, but in one year we both did not make enough. Could that get my case denied or another rfe? We have 2017 (above poverty line) 2016 (above poverty line, 2015 (did not make enough), 2014 (did not make enough).  How likely will they approve this? 

 

I do not have an option right now for a joint sponsor to take on the full responsibility of the financial requirements. So my option is to use a Co sponsor or take the risk which doesn't sound good to me or my husband.

[geowrian 22,337]

1 minute ago, Nazir1125 said:

I've decided to not take the risk. The chance of my husband being denied is not worth the risk. I do have a Co sponsor, my mother, but when I applied I put only 2 in household size not 3 (she does live with me) Will this effect me negatively? Also combined we make well over poverty line currently and have proofs, but in one year we both did not make enough. Could that get my case denied or another rfe? We have 2017 (above poverty line) 2016 (above poverty line, 2015 (did not make enough), 2014 (did not make enough).  How likely will they approve this? 

 

I do not have an option right now for a joint sponsor to take on the full responsibility of the financial requirements. So my option is to use a Co sponsor or take the risk which doesn't sound good to me or my husband.

The household size for a joint sponsor is separate from your own, but so are the income & assets. They file a separate I-864 and provide their own evidence (in addition to your I-864 and evidence).

For example, if your mother had nobody else in her household - just her...no husband or dependents - then her household size would be 2 (her and your spouse). Her income would only be whatever she earns in a year. She has to qualify on her own (*exception noted below).

 

That said, if she is living in the same household as you, then she can provide an I-864A instead of being a joint sponsor. It's a slightly different form but requires the same type of evidences. The difference there is that you can add her income/assets to your own in that case.

 

Based on your last couple sentences, it sounds like she would only qualify financially if she meets the I-864A requirements (i.e. is currently living with you).

[Nazir1125 0]

27 minutes ago, geowrian said:

The household size for a joint sponsor is separate from your own, but so are the income & assets. They file a separate I-864 and provide their own evidence (in addition to your I-864 and evidence).

For example, if your mother had nobody else in her household - just her...no husband or dependents - then her household size would be 2 (her and your spouse). Her income would only be whatever she earns in a year. She has to qualify on her own (*exception noted below).

 

That said, if she is living in the same household as you, then she can provide an I-864A instead of being a joint sponsor. It's a slightly different form but requires the same type of evidences. The difference there is that you can add her income/assets to your own in that case.

 

Based on your last couple sentences, it sounds like she would only qualify financially if she meets the I-864A requirements (i.e. is currently living with you).

She does not meet requirements for I-864 she does live in my household. Just me, my mother, and my husband. She is currently married but husband has been out of the country for 10 years +. She does not support him and his is not a dependent on previous taxes. She currently does make not enough for 2018 but I make enough currently for 3+ household size the previous years I did not make enough, but the last 2 years she did. I'm wondering if I use her as a Co sponsor on an I-864A will my chances be good? She is just missing one year taxes from the 3 last years, but we have all the other requirements/proofs.