Confused about evidence request for I-864

[CarolynSian 5]

I came to the US on a K1 and married my now husband in May 2018. We submitted the AOS packet in July 2018, but just received a request for evidence for his I-864. My husband earns well above the poverty line and has done since September 2017, almost a year ago now. However, his overall income for the year 2017 was just under the poverty line for a household of 2 as he was in a lower paid job prior to September 2017.

 

Do they look at current income or income for previous tax years to determine whether a sponsor earns enough? I was under the impression it was just current income.

 

Do we need a co-sponsor to cover the gap between his 2017 income and the poverty line, even though my husband has earned well above it for almost a year now?

 

Or do they just need more evidence for my husband’s current income? Like bank statements from the past year and more paychecks.

 

Thanks in advance!

 

[Roel 7,192]

They look at current income. 

[A&H2018 146]

They look at the “current income potential”, so the earning trend for 3 years is possibly relevant or proving the current rise in income. Since his 2018 income will be higher than past years you will need to provide a letter from his employer and up to 6 months of pay-stubs.

[Wuozopo 4,293]

Did you prove the current income? The tax return would only show total 2017 earnings. If he earns more currently then you need an employer letter stating his current salary. Six months of pay slips is also stated in the form instructions as an optional proof to submit to support current income. Whatever you put on the part asking current income needs documentation.

 

it is also possible you didn't provide the required complete tax return. If they don't receive that exactly correct, they send an RFE saying you don't qualify. It may be only that you left off parts so they refuse to look further at your other income proofs.  It's a bit cryptic sometimes. They must have:

• All pages of the 2017 tax return plus a W2 or 1099 wage statement

OR

• A 2017 tax return transcript from the IRS

 

 

[CarolynSian 5]

6 hours ago, Wuozopo said:

Did you prove the current income? The tax return would only show total 2017 earnings. If he earns more currently then you need an employer letter stating his current salary. Six months of pay slips is also stated in the form instructions as an optional proof to submit to support current income. Whatever you put on the part asking current income needs documentation.

 

it is also possible you didn't provide the required complete tax return. If they don't receive that exactly correct, they send an RFE saying you don't qualify. It may be only that you left off parts so they refuse to look further at your other income proofs.  It's a bit cryptic sometimes. They must have:

• All pages of the 2017 tax return plus a W2 or 1099 wage statement

OR

• A 2017 tax return transcript from the IRS

 

 

Thank you that’s really helpful. I think we perhaps didn’t send enough pay stubs. We sent a letter from his employer and some pay stubs but I doubt we sent 6 months worth. We sent everything from his 2017 tax return, but we didn’t send his 2016 tax return so we might add that in this time as that one shows higher income than 2017.

 

From September 2017 to June 2018 he worked a different job to the one he has had since June 2018 but they both paid the same ($20 per hour, 36-40 hours per week). So should I also include the employer letter from his previous job (we used it for the K1 interview as that was his job at the time).

 

Will it be a problem that the pay stubs will be 3 months from one employer and 3 months from another? We could actually put in up to 11 months of pay stubs up to September 2017.

 

We’ll also put a letter from the banks and 12 months of bank statements.

 

Sorry for all the questions, I guess my main confusion was if we needed a co-sponsor and if we did what would they need to cover since my husband’s income is enough.

[Wuozopo 4,293]

1 hour ago, CarolynSian said:

Thank you that’s really helpful. I think we perhaps didn’t send enough pay stubs. We sent a letter from his employer and some pay stubs but I doubt we sent 6 months worth. We sent everything from his 2017 tax return, but we didn’t send his 2016 tax return so we might add that in this time as that one shows higher income than 2017.

 

From September 2017 to June 2018 he worked a different job to the one he has had since June 2018 but they both paid the same ($20 per hour, 36-40 hours per week). So should I also include the employer letter from his previous job (we used it for the K1 interview as that was his job at the time).

 

Will it be a problem that the pay stubs will be 3 months from one employer and 3 months from another? We could actually put in up to 11 months of pay stubs up to September 2017.

 

We’ll also put a letter from the banks and 12 months of bank statements.

 

Sorry for all the questions, I guess my main confusion was if we needed a co-sponsor and if we did what would they need to cover since my husband’s income is enough.

I don't think you need a co-sponsor. I think you have failed to document something so their generic reply is you don't qualify. Get a transcript from the IRS. That's a RETURN transcript, not account transcript. Then you are positive that you have done the correct tax submission. 

[A&H2018 146]

In 2015, 2016, 2017 did his income ever get above the poverty line? Or is it just 2018 he is on pace to do so?

[CarolynSian 5]

1 hour ago, A&H2018 said:

In 2015, 2016, 2017 did his income ever get above the poverty line? Or is it just 2018 he is on pace to do so?

2016 he earned over the line, but in 2015 he didn’t

[A&H2018 146]

Would be worthwhile to get the tax transcripts for both 2016 and 2017 then. As for 2018, yes the more proof you can get on his 2018 income better, multiple paystubs, letters etc...The focus will be though on his current employer and proving the YTD earnings. 

 

 

[CarolynSian 5]

22 hours ago, A&H2018 said:

Would be worthwhile to get the tax transcripts for both 2016 and 2017 then. As for 2018, yes the more proof you can get on his 2018 income better, multiple paystubs, letters etc...The focus will be though on his current employer and proving the YTD earnings. 

 

 

Thanks so much! 

[CarolynSian 5]

On 8/12/2018 at 10:01 AM, Wuozopo said:

I don't think you need a co-sponsor. I think you have failed to document something so their generic reply is you don't qualify. Get a transcript from the IRS. That's a RETURN transcript, not account transcript. Then you are positive that you have done the correct tax submission. 

Does my husband have to fill out the I-864 again when we reply to the request for initial evidence, or do we just write a cover letter and attach the evidence (IRS transcripts, bank statements over 12 months, letter from employer, pay checks from the last 6 months) again?