I-485 problems related to I-864 (Affidavit of Support)

[whatdoyouwant 0]

Back in February, I sent in the I-485 and supporting forms to the USCIS.

 

I have just received an RFE related to my income.

When I sent the forms, I included my 2018 tax return (that I had just finished and sent to the IRS).

On that form, my income (1040 line 6) was about 57K.  Due to deductions such as standard dedcution
for married filing jointly, Self Employment tax, and IRA and SEP IRA contributions, my taxable income was 0. 

But I believe it is line 6 that matters for the I-864.  Is that correct?

I believe the USCIS should have accepted my submitted tax form as proof of income, but clearly they did not.

I want to talk to someone with the USCIS about this to find out if they made a mistake, were not accepting 2018 as]
the current tax year, etc.   I need to find out if they are insisting on a co-sponsor, or if they will allow me to submit 
evidence of assets (which I did not originally submit because I thought my income from the 2018 return was sufficient.)

What is the best way to contact the USCIS to discuss my case?  The RFE did not include any phone numbers. 

The address is the National Benefits Center in Lee's Summit, MO

Thanks

 

Jim

[K1visaHopeful 2,817]

5 minutes ago, whatdoyouwant said:

Back in February, I sent in the I-485 and supporting forms to the USCIS.

 

I have just received an RFE related to my income.

When I sent the forms, I included my 2018 tax return (that I had just finished and sent to the IRS).

On that form, my income (1040 line 6) was about 57K.  Due to deductions such as standard dedcution
for married filing jointly, Self Employment tax, and IRA and SEP IRA contributions, my taxable income was 0. 

But I believe it is line 6 that matters for the I-864.  Is that correct?

I believe the USCIS should have accepted my submitted tax form as proof of income, but clearly they did not.

I want to talk to someone with the USCIS about this to find out if they made a mistake, were not accepting 2018 as]
the current tax year, etc.   I need to find out if they are insisting on a co-sponsor, or if they will allow me to submit 
evidence of assets (which I did not originally submit because I thought my income from the 2018 return was sufficient.)

What is the best way to contact the USCIS to discuss my case?  The RFE did not include any phone numbers. 

The address is the National Benefits Center in Lee's Summit, MO

Thanks

 

Jim

Did you submit all pages and schedules of the actual income tax form? Or did you send all pages of a RETURN Transcript?

Did you send your earnings statements as well (W2s/1099s etc)?

[whatdoyouwant 0]

I sent them a copy of the tax return itself.  I do not have return transcript.

I did not send W2 or 1099 information.   I do not have any W2s to send.  The documentation I have is in the form of W-2Gs and one 1099.  I don't think they requested this.  I think they just asked for the return, but it is possible I did not read the directions clearly.

What I really need to do is speak to someone with USCIS about this.  Do you know how I can do that?

[K1visaHopeful 2,817]

47 minutes ago, whatdoyouwant said:

I sent them a copy of the tax return itself.  I do not have return transcript.

I did not send W2 or 1099 information.   I do not have any W2s to send.  The documentation I have is in the form of W-2Gs and one 1099.  I don't think they requested this.  I think they just asked for the return, but it is possible I did not read the directions clearly.

What I really need to do is speak to someone with USCIS about this.  Do you know how I can do that?

A complete tax package includes what I disclosed above including all pages, schedules and earnings statements. 

 

These are the instructions from the I864 form regarding Tax documentation:

 

"Federal Income Tax Return Information.

 

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States. If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

Likely you received your RFE because you did not submit adequate tax documentation. Ie your earnings statements.

 

USCIS 18003755283. Ask for a Tier 2 officer.

Edited March 20, 2019 by K1visaHopeful