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

[K + M 47]

Just wanted to bring my current questions upfront:

 

even tho they didn't ask for a new 864 from me in the RFE it is alright if I send in a new completed 864 for myself?  I thought that would be incorrect as they already have one for me, honestly I didnt think it was allowed to submit a whole new 864 after I have already submitted one,  but if I can send in a new corrected one I will do that 100%

 

My next question is that if I am not able to obtain employment letters for mom/dad is it alright to get pay stubs and 'estimate' their current annual income?  

 

Also my mom has a new job and does not have 6 months of paystubs as they ask for, so what would be the ideal situation for her to prove current annual income?  Just give the paystubs she has?

 

Also in the initial I forgot to submit proof of my USC - Birth Certificate, so I most likely should also include that as well correct?

 

Where 2016 and 2018 tax year income goes in spots 24.a and 24.c would it be more appropriate to put N/A or 0$?

[K + M 47]

Hi everyone, we are working on getting all of our documents together for our RFE submission, it's coming along well but we just have some questions.  

 

Just wanted to firstly state exactly what our RFE states ill post it here:

 

• Submit all supporting tax documents (W-2s, Form 2555, and all supporting tax schedules) submitted to the Internal REvenue Service for the most recent tax year.  The petitioning sponsor must submit all supporting tax documents for the most recent tax year
• 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.  See Form I-864P for information on the Federal Poverty Guidelines.  Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets.  See Form I-864 Instructions for more information.  If you decide to obtain a joint sponsor, you will need to:

 

[debbiedoo 2,339]

It is pretty clear what they want.

 

The petitioner does not earn enough. They want more detailed tax records (what exactly did you submit) and also a joint sponsor. They too will need to provide the same evidence of income as the petitioner (tax transcipt for past 3 years, employment letter, pay stubs)

[K + M 47]

The original post messed up and didn't have all the info that I meant to put in, sorry about the misshap, here is the correct original post:

 

Hi everyone, we are working on getting all of our documents together for our RFE submission, it's coming along well but we just have some questions.  

 

Just wanted to firstly state exactly what our RFE states ill post it here:

 

• Submit all supporting tax documents (W-2s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.  The petitioning sponsor must submit all supporting tax documents for the most recent tax year
• 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.  See Form I-864P for information on the Federal Poverty Guidelines.  Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets.  See Form I-864 Instructions for more information.  If you decide to obtain a joint sponsor, you will need to:
• Submit a completed and signed form I-864, Affidavit of Support, from the joint sponsor.  All pages must be present and of the latest edition date.
• Provide the joint sponsor's Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size on Form I-864.
• Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year
• Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent REsident.  

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts line from IRS schedule C or C-EZ

 

Then the RFE talks about use how to use assets, which we don't have those so that would not pertain to our situation.

 

End of RFE

 

So based on this RFE exactly our questions are:

 

Would it be alright if we submitted a brand new I-864 even tho it does not state to send in a new one?  We can fix some information and make it completely correct, but just want to make sure sending in a new one even tho the RFE does not state it is alright to do so.

 

When it asks for income of the tax year, for the most recent and 3rd most recent I have letters of non-filing, and did not file taxes those years should I put $0 or N/A?

What would be better to supply as tax documentation, Record of Account Transcript, or the simpler Tax Return Transcript?

 

For the I-864a my mom would not have 6 months of paystubs for current annual individual income would what she have be alright, would be about a couple months, and she does not have W-2's, so not exactly certain what I can submit for her.

 

For calculating current annual individual income without an Employment Letter for the joint sponsor, is it alright if its not 100% accurate, if we use the last 6 months of paystubs and use those to roughly figure out the current annual individual income?

 

We have access to also Account Transcript, and Wage and Income Transcript which includes the W-2's of joint sponsor for the last 3 years, are these not worth submitting if submitting one of the transcripts from above?

 

 

Thank you in advance for helping with these questions, it is greatly appreciated.

Edited December 3, 2019 by Kerri and Myles

[K + M 47]

40 minutes ago, debbiedoo said:

It is pretty clear what they want.

 

The petitioner does not earn enough. They want more detailed tax records (what exactly did you submit) and also a joint sponsor. They too will need to provide the same evidence of income as the petitioner (tax transcript for past 3 years, employment letter, pay stubs)

I did not submit any tax documents ( I know now that is a huge no no, but I did not file the most recent year), I now have access to IRS non-filing form for 2018, 2016, and tax transcript + wage and income transcript for 2016, so I can submit all this for myself.  Just a little curious about some of the specifics pertaining to the questions above in my original corrected post.

 

 

Edited December 3, 2019 by Kerri and Myles

[givionte 138]

Would it be alright if we submitted a brand new I-864 even tho it does not state to send in a new one?  We can fix some information and make it completely correct, but just want to make sure sending in a new one even tho the RFE does not state it is alright to do so.

 

If you filled out the I-864 incorrectly, you should absolutely resubmit the form, along with a letter stating the corrections that were made and why.

 

When it asks for income of the tax year, for the most recent and 3rd most recent I have letters of non-filing, and did not file taxes those years should I put $0 or N/A?

 

You put what your income was on the tax form, since you didn't file, that's $0.  If this is the case, you must get a joint sponsor immediately.

What would be better to supply as tax documentation, Record of Account Transcript, or the simpler Tax Return Transcript?

 

The regular Tax return transcript, it's the first one on the list on their website and includes W2's and other filings in the transcript.

 

For the I-864a my mom would not have 6 months of paystubs for current annual individual income would what she have be alright, would be about a couple months, and she does not have W-2's, so not exactly certain what I can submit for her.

 

Yes, send whatever you got, and if the job is recent perhaps find an offer or employment letter, or get one signed by HR.  Is your Mom the petitioner or a joint sponsor?

 

For calculating current annual individual income without an Employment Letter for the joint sponsor, is it alright if its not 100% accurate, if we use the last 6 months of paystubs and use those to roughly figure out the current annual individual income?

 

Well, 2019 is coming to a close, so it should be pretty easy to determine the current annual income for the year.  Get out a pen and paper and add up everything for the current year.

 

We have access to also Account Transcript, and Wage and Income Transcript which includes the W-2's of joint sponsor for the last 3 years, are these not worth submitting if submitting one of the transcripts from above?

 

The main transcript includes that, so they aren't needed.  Download and take a look at them for free.

Edited December 3, 2019 by givionte

[K + M 47]

8 hours ago, givionte said:

Would it be alright if we submitted a brand new I-864 even tho it does not state to send in a new one?  We can fix some information and make it completely correct, but just want to make sure sending in a new one even tho the RFE does not state it is alright to do so.

 

If you filled out the I-864 incorrectly, you should absolutely resubmit the form, along with a letter stating the corrections that were made and why.

 

I submitted a wrong income amount on 2nd most recent tax year I did not think there was any tax documents on file for that year, but there is, even tho it's lower than req minimum to file I know that I need to completely make sure to submit whats on file and fix the income for that year, I will resubmit the I-864 in its entirety and state every change I made and why.  

 

Would it be best in the RFE submit to classify the new I-864 as an updated I-864 or a completely new one?

 

For the I-864a my mom would not have 6 months of paystubs for current annual individual income would what she have be alright, would be about a couple months, and she does not have W-2's, so not exactly certain what I can submit for her.

 

Yes, send whatever you got, and if the job is recent perhaps find an offer or employment letter, or get one signed by HR.  Is your Mom the petitioner or a joint sponsor?

 

My mom is the household member of the joint sponsor I am getting which is my dad.  For my dad I have the whole last years pay stubs, last 3 years tax return transcript, I-864 and birth certificate

This line in our RFE:

 

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts line from IRS schedule C or C-EZ

 

I am trying to figure out exactly what this means, I know that my employment letter stated gross income, could this be them telling me they don't like that and there is some other way of going about getting my income from them?  I just used the annual income stated on my employment letter.

 

Edited December 3, 2019 by Kerri and Myles

[givionte 138]

For total income, you take the number, on 1040 I believe it is Line 6.  You should be determining based off of tax returns, not anything else.

[K + M 47]

1 hour ago, givionte said:

For total income, you take the number, on 1040 I believe it is Line 6.  You should be determining based off of tax returns, not anything else.

For my "current" annual individual salary I am not able to base it off tax returns as I do not have one for the most recent tax year being 2018 so I supplied all my pay stubs since working this job in January, and an employment verification letter from my HR department.  Where exactly would that total income be on the Tax Return Transcript?

 

My joint sponsor of course has last 3 years of tax return transcripts, so that is why I am asking where exactly to look on the tax return transcript.  Also when figuring out current annual individual income for the joint sponsor I have the last 12 months since the beginning of January this year, should I take the net or gross pay before overtime and add them all together for the year to figure out the annual income?  Also for my joint sponsor I have those 12 months of pay stubs for the current year, 2019, but not Employment Letter, will all those pay stubs be alright? With the 3 years tax transcripts included?

 

Thank you in advance.

Edited December 4, 2019 by Kerri and Myles

[Villanelle 4,122]

7 hours ago, Kerri and Myles said:

This line in our RFE:

 

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts line from IRS schedule C or C-EZ

 

I am trying to figure out exactly what this means, I know that my employment letter stated gross income, could this be them telling me they don't like that and there is some other way of going about getting my income from them?  I just used the annual income stated on my employment letter.

 

When someone is self employed they may file a schedule C. Schedule C will show all the money taken in and then deduct assorted business expenses. Its common for someone in that situation to show for example total income coming in of 200k. 200k is what the business earned in gross receipts. But then they deduct 150k in expenses. So they are left with 50k. Many self employed people will say oh I earned 200k because thats what the business took in, but for 864 purposes they would only consider that person to have 50k. So the RFE is advising you to use the correct number. As you have seen the RFE is generic so there are things in it that do not apply to you.... Also in the 864 instructions it refers you to use a specific line number on your tax return but its referring to the 1040ez tax form which very few people actually use... You need to check which tax form you actually used in '17 (probably the 1040) and find the line that says total income on it. Or look at the tax transcript. 

https://www.pdffiller.com/jsfiller-desk13/?projectId=364242838&expId=5983&expBranch=1#3a9e565b5b111876a03c3a9a9e5513f4

In the above link look at page 2, right above adjustment to income section, 2 from bottom says 'total income' that is what you will want to use.

 

 

 

 

[K + M 47]

17 hours ago, Villanelle said:

When someone is self employed they may file a schedule C. Schedule C will show all the money taken in and then deduct assorted business expenses. Its common for someone in that situation to show for example total income coming in of 200k. 200k is what the business earned in gross receipts. But then they deduct 150k in expenses. So they are left with 50k. Many self employed people will say oh I earned 200k because thats what the business took in, but for 864 purposes they would only consider that person to have 50k. So the RFE is advising you to use the correct number. As you have seen the RFE is generic so there are things in it that do not apply to you.... Also in the 864 instructions it refers you to use a specific line number on your tax return but its referring to the 1040ez tax form which very few people actually use... You need to check which tax form you actually used in '17 (probably the 1040) and find the line that says total income on it. Or look at the tax transcript. 

https://www.pdffiller.com/jsfiller-desk13/?projectId=364242838&expId=5983&expBranch=1#3a9e565b5b111876a03c3a9a9e5513f4

In the above link look at page 2, right above adjustment to income section, 2 from bottom says 'total income' that is what you will want to use.

 

 

 

 

Thank you, I completely see in the tax transcript the 'total income' line.

 

Where exactly do I find in the transcript individual income for each partner if a transcript is married filed jointly?

 

Other issue that I am not 100% sure about is the 'current' annual individual income for my dad (co-sponsor) as I am not able to get an employment letter for him, although I do have all his pay stubs since the beginning of this year, so I am going to be able to give a very very very good estimate with adding up all the pay stubs, but just not 100%, will this be alright?

 

Also looking over my tax transcript from '17 I don't see where it would indicate which form I used, I don't see the 1040 or such anywhere, where would that be? (edit figured this out it  is the line under filing status - and you are correct I used form 1040)

Edited December 4, 2019 by Kerri and Myles

[K + M 47]

On 12/3/2019 at 5:32 AM, givionte said:

Would it be alright if we submitted a brand new I-864 even tho it does not state to send in a new one?  We can fix some information and make it completely correct, but just want to make sure sending in a new one even tho the RFE does not state it is alright to do so.

 

If you filled out the I-864 incorrectly, you should absolutely resubmit the form, along with a letter stating the corrections that were made and why.

The initial I-864 we sent in for AOS I forgot to submit my birth cert as proof of USC, how should I go about submitting this new birth cert?  Write a different letter stating that in the initial I forgot to include the birth cert and I am providing it now as to prove my USC, or what would be the best way to go about this?  I want to include it because I forgot it originally, but I am just trying to figure out the best way to go about this since it was no where mentioned in the RFE.

Edited December 5, 2019 by Kerri and Myles

[givionte 138]

13 minutes ago, Kerri and Myles said:

The initial I-864 we sent in for AOS I forgot to submit my birth cert as proof of USC, how should I go about submitting this new birth cert?  Write a different letter stating that in the initial I forgot to include the birth cert and I am providing it now as to prove my USC, or what would be the best way to go about this?  I want to include it because I forgot it originally, but I am just trying to figure out the best way to go about this since it was no where mentioned in the RFE.

Did you submit a photocopy of your passport?  If so, they don't need your birth certificate, hence why they didn't request any citizenship proof on the RFE.

Edited December 5, 2019 by givionte

[K + M 47]

No I did not submit a photocopy of my passport which is why I am certain I need to go about somehow of submitting my Birth Cert, just trying to figure out how to exactly go about it.  Would me submitting it by itself be alright, or should a letter accompanying why I am submitting a birth cert be done ?

[givionte 138]

Send a copy along with everything else you didn't send the first time.