AOS i-864 RFE help. Not very specific.

[Villanelle 4,122]

I really hate how they send these generic RFEs, it makes it impossible to determine exactly what the issue is so you have to just try to address everything possible.

 

First- did you have the correct household size of 2? Check your copy and make sure you counted it as 2 and not 3.

 

Second- you say she only worked from Aug 18 to Dec 18 for 18 taxes. And for 2019 she worked Jan- Oct at same job but got a new one in Oct. Im going to assume you filed the 864 before her job change correct? If so the job change wouldnt have been considered as it happened after submission. If it happened before submission and was disclosed on the 864 it could be playing a role here. She also had what kind of income previous years as a student? Below the guidelines? If so that can come in to play as well....

 

What they do is look at your current income but also look at your income history to see if the income is stable and likely to continue in the future. If mid 18 was her first real full time job with this degree then she doesnt have a history of earnings over the guidelines, so it may be that in fact her current salary is over the guidelines however they dont deem that sufficient as it has not been established this is steady for the future. Did you include a letter explaining this is her first real job after school and proof of her degree and an employment letter explaining its a permanent position? 

 

If you didnt, you can try that but the the issue is they will only RFE you once, they wont RFE you again for the same thing. So in this case they said you were deficient and to send proof to correct it or a joint sponsor. If you only send updated proof and no joint sponsor and they are still not satisfied because its not an issue about a missing tax document or household size calculation and its just that they dont feel its established income, well you wont get another request for a joint sponsor! So you may want to consider adding a joint sponsor to your submission... 

 

Based on the timeframe I dont think you will be able to get 19 taxes filed before a response is due. As a w2 employee it would be rare for them to provide her with the w2s in early Jan but it can happen. Sending the 19 taxes showing a full year wouldve been a good thing but again it doesnt seem possible so you have to work with what you have. 

 

 

[Wuozopo 4,293]

56 minutes ago, lambera said:

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. 

 

The most recent tax transcript is a correct submission, BUT the income shown on it must not be reaching  125% of the poverty guidelines because it reflected only a partial year of employment. They don't have enough to approve on the transcript as proof. If you read the instructions for the form, it says you can add optional proofs if your current income is higher...an employer letter and SIX months of pay stubs. 

 

Whatever income you put on Part 6, #7 has to be documented on tax document or in the optional proofs. If you photocopied your exact submission, you can verify what might be missing from your original submission.

[lambera 10]

5 minutes ago, Villanelle said:

I really hate how they send these generic RFEs, it makes it impossible to determine exactly what the issue is so you have to just try to address everything possible.

 

First- did you have the correct household size of 2? Check your copy and make sure you counted it as 2 and not 3.

 

Second- you say she only worked from Aug 18 to Dec 18 for 18 taxes. And for 2019 she worked Jan- Oct at same job but got a new one in Oct. Im going to assume you filed the 864 before her job change correct? If so the job change wouldnt have been considered as it happened after submission. If it happened before submission and was disclosed on the 864 it could be playing a role here. She also had what kind of income previous years as a student? Below the guidelines? If so that can come in to play as well....

 

What they do is look at your current income but also look at your income history to see if the income is stable and likely to continue in the future. If mid 18 was her first real full time job with this degree then she doesnt have a history of earnings over the guidelines, so it may be that in fact her current salary is over the guidelines however they dont deem that sufficient as it has not been established this is steady for the future. Did you include a letter explaining this is her first real job after school and proof of her degree and an employment letter explaining its a permanent position? 

 

If you didnt, you can try that but the the issue is they will only RFE you once, they wont RFE you again for the same thing. So in this case they said you were deficient and to send proof to correct it or a joint sponsor. If you only send updated proof and no joint sponsor and they are still not satisfied because its not an issue about a missing tax document or household size calculation and its just that they dont feel its established income, well you wont get another request for a joint sponsor! So you may want to consider adding a joint sponsor to your submission... 

 

Based on the timeframe I dont think you will be able to get 19 taxes filed before a response is due. As a w2 employee it would be rare for them to provide her with the w2s in early Jan but it can happen. Sending the 19 taxes showing a full year wouldve been a good thing but again it doesnt seem possible so you have to work with what you have. 

 

 

Yes I checked what we put down for the household size and it was 2. 

 

Yes she worked from August 2018 through the rest of the year and then has worked from Jan 2019 through until present. She changed job after we had submitted the paperwork. She worked the previous years also, so 2017/16. But she was a student so she was not earning a lot and below the guideline I think. 

 

We sent 6 months of pay stubs showing consistent pay and the rate. The employment letter stated her position and that it was full time and her pay etc. 

 

Maybe we should have included a written letter explaining the whole situation. Do you think that would help ? 

 

Regarding a joint sponsor, I do not think we would be able to get one. 

 

 

[arken 4,197]

Did you put the estimated 2019 annual income for Current Annual Income in i864?

[lambera 10]

1 minute ago, arken said:

Did you put the estimated 2019 annual income for Current Annual Income in i864?

I put down her annual income. What she was currently getting paid yearly at the time of sending the documents.

[arken 4,197]

Is her annual income well above the threshold or just marginally above? If everything was good and nothing to add and if we assume its because of the income history, i would simply say wait till 19 tax return. You can e-file 2019 tax return probably by last ofJan and will possibly have tax return transcript by mid of Feb.

In my last couple of years, i have always done the e-file within few days of IRS accepting efile and have had return direct deposited by first week of Feb and transript seen few days later.

[lambera 10]

4 minutes ago, arken said:

Is her annual income well above the threshold or just marginally above? If everything was good and nothing to add and if we assume its because of the income history, i would simply say wait till 19 tax return. You can e-file 2019 tax return probably by last ofJan and will possibly have tax return transcript by mid of Feb.

In my last couple of years, i have always done the e-file within few days of IRS accepting efile and have had return direct deposited by first week of Feb and transript seen few days later.

Her annual income is well above the threshold.

Yes that may be a solution we can look at if we can not get a joint sponsor.

 

Will this RFE affect my EAD expedite? I faxed over my job offer last week. There was also a RFE for the I-485. That was just I sent the wrong copy of my birth certificate, I have the correct one ready to send, so that RFE doesn't worry me.

[arken 4,197]

I don’t think it affects the EAD processing.

[carmel34 3,634]

They focus on the most recent tax year as evidence of a stable income history that is above the 125%, which is only a guideline they consider, along with evidence of current income.  In your case, the most recent tax year income tax transcript for 2018 is below the guideline, so that, combined with her weak income history from previous years, when she was a student, could be the reason for the RFE.  Sending in the same documents you have already sent will not fix the problem.  Does the 87-day RFE response deadline give you enough time to file a 2019 tax return in early 2020?  If the 2019 tax return and supporting W2s shows an income above 125%, you might be okay, so that's what I would recommend if you can request or download W2s for 2019 in January and file a return that you can send them before the RFE expires.  If that is not possible, you need to look harder for a co-sponsor so you don't miss the 87-day deadline.  Good luck!

[lambera 10]

3 hours ago, carmel34 said:

They focus on the most recent tax year as evidence of a stable income history that is above the 125%, which is only a guideline they consider, along with evidence of current income.  In your case, the most recent tax year income tax transcript for 2018 is below the guideline, so that, combined with her weak income history from previous years, when she was a student, could be the reason for the RFE.  Sending in the same documents you have already sent will not fix the problem.  Does the 87-day RFE response deadline give you enough time to file a 2019 tax return in early 2020?  If the 2019 tax return and supporting W2s shows an income above 125%, you might be okay, so that's what I would recommend if you can request or download W2s for 2019 in January and file a return that you can send them before the RFE expires.  If that is not possible, you need to look harder for a co-sponsor so you don't miss the 87-day deadline.  Good luck!

We could possibly wait until February, but it would be pushing it close as the dead line is about the 24th of February. So if something was delayed or went wrong with getting the tax returns it could be too late. 

 

I wasn't going to send the same documents, I would add in a letter explaining everything so it was laid out. As the officer looking at my case was probably confused as to how everything linked up. I would also get an updated copy of her employment from her new job along with pay slips from there. 

 

If I can try and get a co sponsor that would ultimately be the best scenario. It makes no sense why they would not explain what the problem is. They're basically setting you up to fail. I could just send everything again and more and that might not even be the problem. Then they reject it again and I am back to square one, sending documents.

[K1visaHopeful 2,817]

Once they don’t accept the Affidavit of Support and supporting financial documents you submitted, they automatically tell you your income isn’t sufficient not because your income isn’t sufficient but because you haven’t proved it to their satisfaction because you either did not input the correct amounts into your Affidavit of Support based on your financial documents or you did not submit correct or complete supporting financial documents.
The error is likely not in the amount earned not meeting the guidelines (unless your current income wasnt stable or new employment) but moreso in the form or the financial documents you provided.

 

Amounts input in the form have to be backed up by exact amounts (or precise calculations of predicted 2019 income from 6 months of most current paystubs if you do not have an EVL and could not unput the predicted amount from that).

Did you input Part 6 Question 7 from the 2018 tax reported income amount or predicted 2019 income? Did you provide the correct documents depending on what you reported? 

Did you select the correct boxes in the tax info section?

Did you submit the 2018 tax return Transcript? Submitting W2s are not necessary nor recommended unless you filed as MFJ that year. The instructions specifically state that.

 

What exactly and specifically did you submit?

Do the amounts in the form match exactly to your documents?

Have you read through the instructions again prior to filling out your new I864?

[K + M 47]

29 minutes ago, K1visaHopeful said:

 

Did you submit the 2018 tax return Transcript? Submitting W2s are not necessary nor recommended unless you filed as MFJ that year. The

Side question on the matter, would a wage and income transcript suffice for the W-2 for the joint sponsor if MFJ that year?

My co-sponsor (for same RFE as the OP) is MFJ so curious about this, I have the wage and income transcripts ready to be used if these suffice.

Edited December 7, 2019 by Kerri and Myles

[K1visaHopeful 2,817]

41 minutes ago, Kerri and Myles said:

Side question on the matter, would a wage and income transcript suffice for the W-2 for the joint sponsor if MFJ that year?

My co-sponsor (for same RFE as the OP) is MFJ so curious about this, I have the wage and income transcripts ready to be used if these suffice.

Yes. If the original W2s were unobtainable.

Originally W2s are best though and could be easily obtained.

[K + M 47]

4 minutes ago, K1visaHopeful said:

Yes. If the original W2s were unobtainable.

Originally W2s are best though and could be easily obtained.

W-2's for most recent tax year only or all 3?

 

Thanks in advance. Hope this also helps OP aswell

[K1visaHopeful 2,817]

5 minutes ago, Kerri and Myles said:

W-2's for most recent tax year only or all 3?

 

Thanks in advance. Hope this also helps OP aswell

The tax forms for most recent year is REQUIRED. Three years is OPTIONAL.

 

The OP is not MFJ, and is not submitting actual tax copies so W2s are not required.

 

Let's take that topic elsewhere so the OP doesn't receive irrelevant or info to confuse them.