Rfie for federal income but wife meets 3x the 125%

[bahamian86 18]

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

[Nat&Amy 623]

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

Edited January 18, 2020 by Nat&Amy

[bahamian86 18]

23 minutes ago, Nat&Amy said:

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

Thank you. Guess we failed in providing all the supporting proof we possibly could. I’m just stumped on my next move. Just trying to decide whether to submit those documents with this rfe or find a co sponsor although it’s not needed. 

[dekk123 44]

18 hours ago, bahamian86 said:

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

Does the RFE tell you what specific documents they need you to send? I would just send these documents ASAP. 

[gramercygreen 34]

18 hours ago, Nat&Amy said:

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

Edited January 18, 2020 by gramercygreen

[Crazy Cat 41,845]

20 hours ago, bahamian86 said:

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

Tax transcripts show what was earned in the past.  Current income is king.....

 

Example (hypothetical situation):  An employee sends transcripts indicating $500,000 per year for the past 3 years...but is now unemployed........current income is now $0.......A sponsor cannot support a new immigrant with no income......transcripts can show a stable income history, but current/future income is king.

Edited January 18, 2020 by missileman

[geowrian 22,337]

29 minutes ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

Depends on your source of income. If you are self-employed, then the most recent tax return shows your current income.

If you are a W-2 earner, what you made between 12 to 24 months ago at this point does not show your current income. Pay stubs and/or an employement letter would.

 

It's possible that an IO was convinced about not becoming a public charge with tax returns alone + claiming current income on the I-864. It's not the norm, but that's their decision to make.

[Nat&Amy 623]

1 hour ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

As per instructions on the i864:

 

The following items must be submitted with Form I-864:
For ALL sponsors:
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.

 

By not sending other evidence of income, you open yourself to a RFE. Why take the risk, especially when the documents proving employment are available?

 

Also, we would appreciate if you could fill your timeline. It says you have not yet had your interview, but you are claiming you have not received an RFE - I assume you haven't yet entered the date of your approval.

[kris&me 572]

1 hour ago, Nat&Amy said:

As per instructions on the i864:

 

The following items must be submitted with Form I-864:
For ALL sponsors:
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.

 

By not sending other evidence of income, you open yourself to a RFE. Why take the risk, especially when the documents proving employment are available?

she 

Also, we would appreciate if you could fill your timeline. It says you have not yet had your interview, but you are claiming you have not received an RFE - I assume you haven't yet entered the date of your approval.

sounds like she did not send the IRS transcripts to support the income claim

they ask for 1099 which is either retirement or SS income or interest on investments/ this may not be taxable depending on earned income so they want proof by a copy of the 1099

Edited January 18, 2020 by kris&me

[Duke & Marie 1,389]

3 hours ago, missileman said:

Tax transcripts show what was earned in the past.  Current income is king.....

 

Example (hypothetical situation):  An employee sends transcripts indicating $500,000 per year for the past 3 years...but is now unemployed........current income is now $0.......A sponsor cannot support a new immigrant with no income......transcripts can show a stable income history, but current/future income is king.

Yeah I’d have to agree..

 

we sent transcripts for 3 years plus a letter from his employer saying he’s still employed full time, wages year to date (as of oct 2019) and overall expected annual income total.. 

 

id say add a letter under additional documents tad to support current employment 

[Crazy Cat 41,845]

1 minute ago, Duke & Marie said:

Yeah I’d have to agree..

 

we sent transcripts for 3 years plus a letter from his employer saying he’s still employed full time, wages year to date (as of oct 2019) and overall expected annual income total.. 

 

id say add a letter under additional documents tad to support current employment 

As I recall, I sent copies of tax returns along with my military retirement statement and my Social Security retirement benefit letter to show current income.

[bahamian86 18]

22 hours ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

Ok thank you all for your input.