AOS i-864 RFE help. Not very specific.

[lambera 10]

So I received a RFE yesterday regarding my i-864 for AOS. Now the letter does not really state clearly what they need from me and I am not sure if this is a generic response they send out. The letter states "Based on the documents submitted with the form i-864. The income did not meet 125% of the federal poverty guideline for the petitioning sponsors household size". On the next page it also says "You have submitted form i-864 from the petitioning sponsor. We are unable to process the I-864 because it has one or more deficiencies". 

 

 

My wife earns way over the guideline of which we submitted a letter from her employer stating her salary etc. Now I just thought I don't think we sent any of her tax transcripts for the other two years that we listed on (Part 6, 19a). We supplied tax papers for the most recent year which was 2018. So that might be problem right there. Sorry if this has been discussed somewhere, but I searched through the forum and could not find my specific answer. 

 

Thank you for any advice or help.

[arken 4,197]

Tax transcripts of past two years are optional. If you Scan n upload or write the exact wordings of the RFE without personal info, it will be more clear on what the problem is.

[lambera 10]

[Ayrton 965]

1 minute ago, lambera said:

It's a generic letter.

 

What exactly did you send?

 

I only sent 2018 tax return Transcript, employment letter and 3 months of paystubs. No RFE.

[lambera 10]

6 minutes ago, Ayrton said:

It's a generic letter.

 

What exactly did you send?

 

I only sent 2018 tax return Transcript, employment letter and 3 months of paystubs. No RFE.

We pretty much sent everything that we sent for the Affidavit for the K1 visa. I was sure we left nothing out, but that does not seem to be the case now. There was another page but that was just telling me that I need to send a different copy of my birth certificate. That was clear and told me what needed to be done. This is just so vague. 

I don't think I sent my wife's tax transcript come to think of it. We sent 6 months of pay slips, an employment letter as well as her W2's.

[arken 4,197]

So it boils down to some supporting documents not sent properly. List the exact documents you sent, don’t say tax papers like in your post. It’s likely an easy solution.

 

Edit: just saw your last post, people can’t help if you don’t list the exact documents. Be specific.

Edited December 6, 2019 by arken

[Ayrton 965]

2 minutes ago, lambera said:

We pretty much sent everything that we sent for the Affidavit for the K1 visa. I was sure we left nothing out, but that does not seem to be the case now. There was another page but that was just telling me that I need to send a different copy of my birth certificate. That was clear and told me what needed to be done. This is just so vague. 

I don't think I sent my wife's tax transcript come to think of it. We sent 6 months of pay slips, an employment letter as well as her W2's.

Different forms, different requirements.

 

Forget about the K1 interview. If you didn't send the tax return Transcript, that's why you got an RFE.

[lambera 10]

1 minute ago, Ayrton said:

Different forms, different requirements.

 

Forget about the K1 interview. If you didn't send the tax return Transcript, that's why you got an RFE.

Yes but the i-864 is the exact same document as the one you send for the K1. Is it not, I may be wrong ? 

 

[lambera 10]

6 minutes ago, arken said:

So it boils down to some supporting documents not sent properly. List the exact documents you sent, don’t say tax papers like in your post. It’s likely an easy solution.

 

Edit: just saw your last post, people can’t help if you don’t list the exact documents. Be specific.

Yes, Indeed. So would you think the tax transcript would cause the RFE? Also a new I-864 is required to be sent off again, is that correct ?

[Ayrton 965]

Just now, lambera said:

Yes but the i-864 is the exact same document as the one you send for the K1. Is it not, I may be wrong ? 

 

No, it's not. For embassy interview they ask for I-134. For AOS it's I-864. 

[lambera 10]

1 minute ago, Ayrton said:

No, it's not. For embassy interview they ask for I-134. For AOS it's I-864. 

Ah ok, yes you're correct. Seems like I just need to get a tax transcript then. Does the tax transcript cover pretty much everything tax related. I read that you do not need W2''s etc if you have a transcript. 

[Ayrton 965]

Just now, lambera said:

Ah ok, yes you're correct. Seems like I just need to get a tax transcript then. Does the tax transcript cover pretty much everything tax related. I read that you do not need W2''s etc if you have a transcript. 

Yes. Tax return Transcript is more than enough. But I would send all the other requirements again. An updated employment letter, latest 3 months of pay stubs.

[geowrian 22,337]

I-134 (for the K-1 visa) has no actual tax return copy requirement.

I-864 (for AOS) requires at least the most recent year's tax return copy. This is either a transcript for the 1040 + all supporting schedules. Transcript is easier and less prone to missing something.

[lambera 10]

54 minutes ago, Ayrton said:

Yes. Tax return Transcript is more than enough. But I would send all the other requirements again. An updated employment letter, latest 3 months of pay stubs.

After looking through my files, I can see that we did send the tax transcript. So I am puzzled to what is missing. Why can they not just simply state what is needed to be corrected. My wife moved back from the UK last year after completing her Master degree. She then started work around August of 2018. She has worked since then, but recently changed job in October of this year. So her taxes for 2018 show a low income as she only worked a couple months of the year. We provided a letter explaining all of this as well as 6 months worth of pay stubs and a letter of employment. 

[DaveAndAnastasia 2,092]

1 hour ago, lambera said:

Ah ok, yes you're correct. Seems like I just need to get a tax transcript then. Does the tax transcript cover pretty much everything tax related. I read that you do not need W2''s etc if you have a transcript. 

In fact, it's a bad idea to include W2s and the like if you're submitting transcripts, because sometimes they'll see the W-2s (or 1099s) and ask for a 1040 that you didn't submit.