Exactly what Tax Forms for I-864? RFE issue (merged)

[K + M 47]

Today we got an RFE in the mail stating:

 

Based on the documents submitted with Form I-864 Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor's household size.  

 

Current 125% poverty guideline for household size 2(petitioner + spouse):  $21,137

 

The employment letter stating income + pay statements for last whole year showcased that I was well above that poverty guideline.

 

We are so confused on why we got this RFE if it is clearly not the case.  

 

Any suggestions?  I am puzzled.

 

Also it is stating to submit all supporting tax documents for the most recent tax year, although I did not file for the last 3 years as I was not working, I have been working the whole year 2019 mostly since January, which I supplied all those pay stubs, and I explained in the more detail section of the I-864 why the box was checked for not filing taxes.

Edited December 3, 2019 by Penguin_ie

[K + M 47]

Another Post on the matter I know it is required if using current predicted income to have Employment Verification Letter which we had and stated working full time, total gross income, and signed by my work.

 

What would be the correct thing to send in for this as with current income for this year over the 125% poverty guideline, but didnt file taxes last 3 years because was not working, and did not have enough income needed to file.  If anyone else has been in this situation, help would be greatly appreciated, the form is only stating not meeting poverty guideline, and needing a joint sponsor but after reading other posts seems like this is an auto generated RFE and says the same for everyone.  

 

So just not sure exactly what to send in with our case to clear this RFE

 

Thank you in advance!

[K1visaHopeful 2,814]

As the instructions for the I864 state, if you did not file taxes, you need to submit a statement of nonfiling. 

I suggest you read them thoroughly before responding.

There is more than likely many reasons you received this generic RFE. To satisfy it you will need to ensure you fill out the form correctly and provide the exact documents required to prove your income as laid out by the specific format of documents instructed in the form instructions. 

Good luck!

[K + M 47]

27 minutes ago, K1visaHopeful said:

As the instructions for the I864 state, if you did not file taxes, you need to submit a statement of nonfiling. 

I suggest you read them thoroughly before responding.

There is more than likely many reasons you received this generic RFE. To satisfy it you will need to ensure you fill out the form correctly and provide the exact documents required to prove your income as laid out by the specific format of documents instructed in the form instructions. 

Good luck!

After reading the form instructions again it states:  

 

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.  Also include a copy of each and every form 1099 Schedule, and any other evidence of reported income.  You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify."

 

Based on these instructions what we supplied with the I-864 were the pay stubs from the most recent six months, the employment verification letter, and a hand written statement in the more information section just simply stating that I did not have enough income required to file taxes last 3 years so no tax transcripts for the last 3 years, but it seems as if this is where the problem lays somewhere between what is factually required and what we supplied which should be good enough for some reason wasn't.

 

After reading and doing some research, a plan of attack to most correctly match the factual we were thinking:

 

Getting a statement document from the IRS of no filed taxes for the last 3 years

Filling out a more proper letter stating why no taxes last 3 years.

Every single paystub since I started working my job in January this year with the Employment Verification Letter

 

Also we are considering getting a Joint Sponsor, do you think this would be needed as my current income is above the 125% poverty guideline?  

 

From what we are gathering is that there is discrepancy that even if current income is above 125% that may not make them happy if no last years taxes so could properly be above the guideline but since not working long enough to have taxes from last year the only way to "be above" this 125% is to have a joint that did file taxes last year.  If this is the case it makes sense, just a little dubious as just makes a huge grey area in the fields of them putting discrepancy into factual required documents and them wanting you to work for x amount of time at their discretion.

 

 

Also 1 last thing I saw when going through other posts of this nature where they got an RFE in related to I-864.  If there are any missing required documents does it in their eyes not classify you as a potential sponsor completely, which is the reason for why I could of gotten this generic RFE?  I am asking this because with the I-864 I forgot to send in my Birth Certificate to prove I am USC, although on the RFE it does not state anything about sending in my Birth Certificate.  Could all of this be because I didn't send that in, auto classifying me as not being a potential sponsor, giving light to this generic RFE response, and all that could be needed to fix this be the Birth Certificate? 

Edited November 23, 2019 by Kerri and Myles

[kris&me 572]

Available from the IRS by calling 1-800-908-9946.

• Non-filers can expect to receive a paper IRS Verification of Non-filing Letter at the address provided in their telephone request within 5 to 10 days from the time of the request.
• IRS Verification of Non-filing Letter requested by telephone cannot be sent directly to a third party by the IRS.

[K + M 47]

8 minutes ago, kris&me said:

Available from the IRS by calling 1-800-908-9946.

• Non-filers can expect to receive a paper IRS Verification of Non-filing Letter at the address provided in their telephone request within 5 to 10 days from the time of the request.
• IRS Verification of Non-filing Letter requested by telephone cannot be sent directly to a third party by the IRS.

Thank you so much for your response, exactly one of the things we needed, such a huge help, I have one question tho:

 

If I supply all this evidence for my current income:

 

IRS Verification of Non-filing Letter for last 3 years

All Pay Stubs since beginning of work

Employment Verification Letter stating Gross Income and job details from Human Resources Department showcasing income above 125% poverty guideline

Birth Certificate of USC (me) (Forgot to include in initial packet send off)

 

Would a Joint sponsor still be needed or with all that would I be completely be satisfying the RFE, I am just a little weary that even with all of that somehow they could deny it since haven't been working for "x" amount of years, and not being satisfied with just current.  If a joint would make it 100% we could do that, but I would like to not have to as I do meet all criteria, but with all that documentation should we be good?

Edited November 23, 2019 by Kerri and Myles

[K + M 47]

.

Edited November 23, 2019 by Kerri and Myles

[Liam2021 583]

Since your not filling tax( not working) for the last 3 years, a join sponsor is needed.

10 minutes ago, Kerri and Myles said:

but I would like to not have to as I do meet all criteria

You actually not meet all criteria since you don't have past income.

[K + M 47]

5 minutes ago, H&T said:

Since your not filling tax( not working) for the last 3 years, a join sponsor is needed.

You actually not meet all criteria since you don't have past income.

Where exactly in the instructions/form does it state needing past income, just CURRENT INCOME needing to be above the 125% poverty guideline, and being able to explain why no taxes filed last 3 years.

 

Taken from the I-864 instructions:  

 

Item Number 7.  Current Individual Annual Income

Item Number 8. - 22.  Current Annual Household Income

 

Item Numbers 23.a - 25. Federal Income Tax Return Information.  If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation

Edited November 23, 2019 by Kerri and Myles

[Liam2021 583]

There is a section you have to fill out your income for the last 3 years, and the reason they asked for it just want to see if petitioner can able to take care for the foreign spouse or not. If you just submit your current income, they will possible send you another RFE for this.

[K + M 47]

5 minutes ago, H&T said:

There is a section you have to fill out your income for the last 3 years, and the reason they asked for it just want to see if petitioner can able to take care for the foreign spouse or not. If you just submit your current income, they will possible send you another RFE for this.

 

10 minutes ago, Kerri and Myles said:

Where exactly in the instructions/form does it state needing past income, just CURRENT INCOME needing to be above the 125% poverty guideline, and being able to explain why no taxes filed last 3 years.

 

Taken from the I-864 instructions:  

 

Item Number 7.  Current Individual Annual Income

Item Number 8. - 22.  Current Annual Household Income

 

Item Numbers 23.a - 25. Federal Income Tax Return Information.  If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation

 

[Liam2021 583]

Seem like you still not doing enough study for I-864. They want to see your past income and current income just to make sure your income is stable. This is from my experiences and been going through this before. In the end, it your choice.

[K + M 47]

1 minute ago, H&T said:

Seem like you still not doing enough study for I-864. They want to see your past income and current income just to make sure your income is stable. This is from my experiences and been going through this before. In the end, it your choice.

If I supply all this evidence for my current income:

 

IRS Verification of Non-filing Letter for last 3 years

All Pay Stubs since beginning of work

Employment Verification Letter stating Gross Income and job details from Human Resources Department showcasing income above 125% poverty guideline

Birth Certificate of USC (me) (Forgot to include in initial packet send off)

 

Would a Joint sponsor still be needed or with all that would I be completely be satisfying the RFE, I am just a little weary that even with all of that somehow they could deny it since haven't been working for "x" amount of years, and not being satisfied with just current.  If a joint would make it 100% we could do that, but I would like to not have to as I do meet all criteria, but with all that documentation should we be good?

[debbiedoo 2,339]

17 minutes ago, Kerri and Myles said:

If I supply all this evidence for my current income:

 

IRS Verification of Non-filing Letter for last 3 years

All Pay Stubs since beginning of work

Employment Verification Letter stating Gross Income and job details from Human Resources Department showcasing income above 125% poverty guideline

Birth Certificate of USC (me) (Forgot to include in initial packet send off)

 

Would a Joint sponsor still be needed or with all that would I be completely be satisfying the RFE, I am just a little weary that even with all of that somehow they could deny it since haven't been working for "x" amount of years, and not being satisfied with just current.  If a joint would make it 100% we could do that, but I would like to not have to as I do meet all criteria, but with all that documentation should we be good?

send everything and get a co sponsor if at all possible. doing that will fix everything.

[K + M 47]

1 minute ago, debbiedoo said:

send everything and get a co sponsor if at all possible. doing that will fix everything.

Alright, a couple questions tho - what exactly do you think caused this RFE if current income is above the guideline?

 

From what I was thinking it could of been a couple of things, as the post above stated, them wanting to see stability, or maybe because I didn't send in the official IRS verification letter for non-file, just a hand-written explanation as why not having to file due to not high enough income those years?

 

The other question I have is the signature on the joint sponsors I-864 requires just the one signature of the sponsor, but I will be using my father, but on his Tax Transcript there will be both my father & mother, is just the one signature good?  Just making sure there is no room for error as both names being on tax transcript then the one signature on the joint sponsor I-864