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

[Villanelle 4,122]

As the primary sponsor you do not need to include proof of your USC - its explained in the instructions. Here is a link to a comprehensive guide to the 864. It seems like it has all the answers to what you are asking. Check it out and post back anything you are still unsure about. https://lawandborder.com/i-864-affidavit-of-support-help-center/

[K + M 47]

do I need a seperate letter corresponding to each thing that is sent in new to correct the first time or 1 big one? 

 

example being atm I am:

 

sending in new corrected I-864  (writing letter stating changes and why)

sending in birth cert of me the primary petitioner (writing letter stating why)

sending in IRS non-filing form for 2018/2016, and tax transcript of me petitioner (writing letter stating I didnt need to file in 2018/2016 as made under minimum req)

(also sending in a letter stating that this is my first real job out of school and I may not meet income req (even tho I do) so I am getting a joint sponsor)

 

then I am sending in the I-864 for joint sponsor along with birth cert, last full year of pay stubs, last 3 years tax return transcripts

 

(working still on putting together I-864a, should be done soon) - but the plan for the I-864a for my mom as household member (spouse of dad who is the joint sponsor) is of course the I-864a, birth cert for household member , and as many pay stubs as I can get for her, she just started working a new job, and hopefully not certain tho an employment letter, and last 3 years tax transcripts, will be same as joint sponsor as they are Married filed joint, but I am going to send in last 3 years tax transcript for both just to be safe as I have them. 

[NikLR 13,231]

3 hours ago, Kerri and Myles said:

do I need a seperate letter corresponding to each thing that is sent in new to correct the first time or 1 big one? 

 

example being atm I am:

 

sending in new corrected I-864  (writing letter stating changes and why) 

sending in birth cert of me the primary petitioner (writing letter stating why) not needed. you couldn't have done the K1 unless you were a USC. Only needed for joint sponsors at this point. 

sending in IRS non-filing form for 2018/2016, and tax transcript of me petitioner (writing letter stating I didnt need to file in 2018/2016 as made under minimum req)

(also sending in a letter stating that this is my first real job out of school and I may not meet income req (even tho I do) so I am getting a joint sponsor)

 

then I am sending in the I-864 for joint sponsor along with birth cert, last full year of pay stubs, last 3 years tax return transcripts 

 

(working still on putting together I-864a, should be done soon) - but the plan for the I-864a for my mom as household member (spouse of dad who is the joint sponsor) is of course the I-864a, birth cert for household member , and as many pay stubs as I can get for her, she just started working a new job, and hopefully not certain tho an employment letter, and last 3 years tax transcripts, will be same as joint sponsor as they are Married filed joint, but I am going to send in last 3 years tax transcript for both just to be safe as I have them. 

besides for the notation I made in red, you should be fine.  You don't need a year's worth of pay stubs, just the last 3-6 months but you're fine if you send in a year. 

[K + M 47]

2 hours ago, NikLR said:

besides for the notation I made in red, you should be fine.  You don't need a year's worth of pay stubs, just the last 3-6 months but you're fine if you send in a year. 

but then why does it say as a required document a birth cert , and in bold it states a must have, I didn't read anywhere in the i-864 instructions that k1's were exempt.  

 

Yeah I understand the logic of I must of have been a usc for file the K1 but, I never saw anything stating the exemption stated anywhere, just the requirement of needing to supply it.

[NikLR 13,231]

3 minutes ago, Kerri and Myles said:

but then why does it say as a required document a birth cert , and in bold it states a must have, I didn't read anywhere in the i-864 instructions that k1's were exempt.  

 

Yeah I understand the logic of I must of have been a usc for file the K1 but, I never saw anything stating the exemption stated anywhere, just the requirement of needing to supply it.

You're the primary sponsor.  You had to be a USC or LPR for the person to immigrate.  You had to be a USC to sponsor a K1.  Because you only filed the I-485 they should know this.  

but you can send it if you want and feel better about doing so.  

[K + M 47]

9 hours ago, Villanelle said:

As the primary sponsor you do not need to include proof of your USC - its explained in the instructions. Here is a link to a comprehensive guide to the 864. It seems like it has all the answers to what you are asking. Check it out and post back anything you are still unsure about. https://lawandborder.com/i-864-affidavit-of-support-help-center/

I am going through the guide to the 864 that you posted and as I am going through the part about what to submit with the fact that you were not required to file the I-864 they said this:

 

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.^[98] Typically, this should be “a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law.”^[99] Also attach “a copy of the instructions from the IRS publication that shows you [were] not obligated to file.”

 

What exactly are they talking about here?  Would the IRS non filing letter suffice this?

 

Also this is the first time I am seeing this, there is a checklist of what to include in your I-864 and they have this:

 

Evidence of your U.S. domicile. In most cases, to prove U.S. domicile, submit copies of a state driver’s license or ID card and either (a) evidence of employment in the U.S.. or (b) a few recent utility bills. If you’ve been residing abroad, see above for suggested evidence.

 

This is the first time I have seen something like this

Edited December 6, 2019 by Kerri and Myles

[K + M 47]

Another question I have is that I am curious if I should include the Wage and Income Transcript since it includes the W-2, everyone says just the tax transcript is fine(which I am including the tax transcripts for the last 3 tax years), but I went over the tax transcript and nowhere does it specifically say "W-2" on it

[NikLR 13,231]

6 hours ago, Kerri and Myles said:

Another question I have is that I am curious if I should include the Wage and Income Transcript since it includes the W-2, everyone says just the tax transcript is fine(which I am including the tax transcripts for the last 3 tax years), but I went over the tax transcript and nowhere does it specifically say "W-2" on it

It doesn't need to.  You're at the point where you're over thinking it.  Just the tax return transcript. 

 

There is literature from the IRS statimg you don't need to file if you make under the threshold to file and you can include a copy of this. 

[Ayrton 965]

7 hours ago, Kerri and Myles said:

Another question I have is that I am curious if I should include the Wage and Income Transcript since it includes the W-2, everyone says just the tax transcript is fine(which I am including the tax transcripts for the last 3 tax years), but I went over the tax transcript and nowhere does it specifically say "W-2" on it

Like NikLR said, you're overthinking the whole thing.

 

You got an RFE for sending a form with incorrect information and not enough proof. Just read the Instructions and send like you didn't have an RFE, like you're building a new package. 

 

By the instructions of the I-864, they use current individual income to determine if you're eligible or not to sponsor. Current income is not on your past transcripts, it's the money the sponsor is making on the current year, before any taxes. For my husband, I used an employment letter stating what his salary is, and that's what I wrote there. Also sent 3 months of paystubs. That was all. No RFE.

 

People tend to send a lot of information, and it ends up being lost in the package and they got RFE for that. So don't overthink and send only what is necessary.

[K + M 47]

1 hour ago, Ayrton said:

Like NikLR said, you're overthinking the whole thing.

 

You got an RFE for sending a form with incorrect information and not enough proof. Just read the Instructions and send like you didn't have an RFE, like you're building a new package. 

 

By the instructions of the I-864, they use current individual income to determine if you're eligible or not to sponsor. Current income is not on your past transcripts, it's the money the sponsor is making on the current year, before any taxes. For my husband, I used an employment letter stating what his salary is, and that's what I wrote there. Also sent 3 months of paystubs. That was all. No RFE.

 

People tend to send a lot of information, and it ends up being lost in the package and they got RFE for that. So don't overthink and send only what is necessary.

I will be having to send only the paystubs, as I am not able to get an employment letter for my joint sponsor, so I will have the last years pay stubs to come up with current income, will that be an issue?

 

And that is what I started to see I am putting together a brand new I-864 part of the AOS together as if no RFE completely from the grounds up, but of course stating where I made changes and why 

Edited December 6, 2019 by Kerri and Myles

[K + M 47]

2 hours ago, NikLR said:

It doesn't need to.  You're at the point where you're over thinking it.  Just the tax return transcript. 

 

There is literature from the IRS statimg you don't need to file if you make under the threshold to file and you can include a copy of this. 

Alright thanks, I'm guessing the IRS literature here is just the statement the IRS makes on their guidelines that if you make under x amount you don't gotta file?

[Villanelle 4,122]

Yes. When you write your letter of non-filing you want to get the IRS guidelines (here is 2018 ) -https://www.irs.gov/pub/irs-pdf/p501.pdf  pointing out how you were single under 65 and made less then 12k. Do the same for 2016 using the numbers from it - https://www.irs.gov/pub/irs-prior/p501--2016.pdf

[K + M 47]

 

51 minutes ago, Villanelle said:

Yes. When you write your letter of non-filing you want to get the IRS guidelines (here is 2018 ) -https://www.irs.gov/pub/irs-pdf/p501.pdf  pointing out how you were single under 65 and made less then 12k. Do the same for 2016 using the numbers from it - https://www.irs.gov/pub/irs-prior/p501--2016.pdf

Alright that's perfect, thank you so much, I will use the IRS guidelines along with my written letter + non-filing IRS letter for 2018 & 2016.  Then also a letter stating all changes I made to I-864 and why.  Lastly a letter as you mentioned previously about how this is my first full time position out of school and I may not meet requirements, for that sake I am getting a joint sponsor, who has their I-864 included.

 

I have been going through that link for the very detailed I-864 that you provided earlier in the thread, it is amazing, thank you so much for it.

[K + M 47]

8 hours ago, Villanelle said:

Yes. When you write your letter of non-filing you want to get the IRS guidelines (here is 2018 ) -https://www.irs.gov/pub/irs-pdf/p501.pdf  pointing out how you were single under 65 and made less then 12k. Do the same for 2016 using the numbers from it - https://www.irs.gov/pub/irs-prior/p501--2016.pdf

I'm assuming for the publications for each '18/'16 just print out the 1 page with the table on it that showcases the amount that you have to be at under to file, which on each is page 2, not anymore pages than that correct, or would they want to see the title page?

 

Also just as a curiosity I wanted to ask, my employment letter says the original embassy Kerri had her K-1 interview at, does the fact it has this address on it matter?

Edited December 7, 2019 by Kerri and Myles

[K + M 47]

Another question I thought I may as well ask, in this new I-864 packet I am sending in redone, in the original I had 6 months or so of paystubs, would it be alright if I sent in more paystubs this time, I can send in another 2 months, would I need to have another letter stating this change of addition of more pay stubs and why?