Responding for an RFE for I-864

[elizabethquestion 13]

Hi,

 

My husband and I got an RFE for I-864. We knew this was possible as his income barely made the threshold. Mine does but it's on OPT (Student) so I guess they didn't accept it. I want to be really clear about what we send back to them.

 

• The RFE has two bullet points: one that says we need to support all tax documentation for the most recent tax year. We submitted my husband's W-2 and IRS tax return. Is there something we missed? The second bullet point is recommending we use a joint sponsor, which it what we're going to go with. 
• From what I understand, the joint sponsor has to fill out the same I-864 form we already filled out. I'm confused about the I-864A, when does that come into play?
• Would the joint sponsor have to include me as a household member, even if I don't live with them?
• Do we have to resubmit our own I-864 and supporting documents, or just the new paperwork from the joint sponsor?

 

Thanks

[DELETEME1234 208]

5 minutes ago, elizabethquestion said:

The RFE has two bullet points: one that says we need to support all tax documentation for the most recent tax year. We submitted my husband's W-2 and IRS tax return.

Are you sure the tax return didn't include other forms, so called schedules for example? 

7 minutes ago, elizabethquestion said:

Mine does but it's on OPT (Student) so I guess they didn't accept it

Did you file a separate form for yourself or included yourself on the I-864(A)?

 

8 minutes ago, elizabethquestion said:

I'm confused about the I-864A, when does that come into play?

That comes into play when a household member is willing to have their income count as well. For example, let's say person A is willing to be your joint sponsor, but they're married and their wife also want's to contribute, then person A fills in the regular 864 and their wife fills in 864A. In particular useful when their combined income would be enough but when looked at their income separately they don't make the threshold. 

 

10 minutes ago, elizabethquestion said:

Would the joint sponsor have to include me as a household member, even if I don't live with them?

No. But they, do have to make the threshold for the number of people in their household + 1 (you). So let's say married couple, then that person needs to make at least 125% of the poverty threshold for a household of three. 

The form, when filled in Adobe Acrobat, will auto populate the proper household size in points. 

 

12 minutes ago, elizabethquestion said:

Do we have to resubmit our own I-864 and supporting documents, or just the new paperwork from the joint sponsor?

If you feel you did the initial 864 wrong, then I'd resubmit if I were you. Otherwise just submit what they ask for.

[elizabethquestion 13]

1 minute ago, Poseidon1212 said:

Are you sure the tax return didn't include other forms, so called schedules for example? 

Did you file a separate form for yourself or included yourself on the I-864(A)?

 

That comes into play when a household member is willing to have their income count as well. For example, let's say person A is willing to be your joint sponsor, but they're married and their wife also want's to contribute, then person A fills in the regular 864 and their wife fills in 864A. In particular useful when their combined income would be enough but when looked at their income separately they don't make the threshold. 

 

No. But they, do have to make the threshold for the number of people in their household + 1 (you). So let's say married couple, then that person needs to make at least 125% of the poverty threshold for a household of three. 

The form, when filled in Adobe Acrobat, will auto populate the proper household size in points. 

 

If you feel you did the initial 864 wrong, then I'd resubmit if I were you. Otherwise just submit what they ask for.

Thanks for your response. I didn't file a separate form for myself, I just included myself under the Household section of the I-864. Did I do it wrong?

 

What if my joint sponsor is a married couple with combined assets? Would they have to fill out a I-864 and a I-864A or just the I-864?

 

As for the tax form, we just submitted the IRS tax return that you can request online. We selected "immigration" from a dropdown and they told us which one they recommended.

[DELETEME1234 208]

2 minutes ago, elizabethquestion said:

I didn't file a separate form for myself, I just included myself under the Household section of the I-864. Did I do it wrong?

No that's perfect. I was just asking to double check. You'd fill in your income under Part 6 (might be different on your version of the form). Also make sure you only have two 1s at part 5 (assuming you and your spouse are alone) for a total household size of 2. 

 

7 minutes ago, elizabethquestion said:

What if my joint sponsor is a married couple with combined assets? Would they have to fill out a I-864 and a I-864A or just the I-864?

The easiest would be if they'd fill out 864 + 864A I guess. But it's barely more effort to only have one of them fill in 864 and prove their individual income/assets, assuming just one of the two has enough income. If they don't both sponsor your, then they'll have to prove by virtue of W2s or 1099Rs that the person that is sponsoring you has enough income on their own. 

 

10 minutes ago, elizabethquestion said:

As for the tax form, we just submitted the IRS tax return that you can request online. We selected "immigration" from a dropdown and they told us which one they recommended.

Ah ok, those are called 'tax transcripts (slight difference but helps communicate a bit more clearly). The forms you submit to the IRS (per mail or digital) like the 1040, that's called a 'tax return'. Typically when you send the tax transcript they don't require evidence, unless it was married filed jointly then they need to see what the sponsoring spouse made on their own, so you provide W2s, 1099s etc. 

I wonder if you submitted your income documents (W2, etc) and if not, that that might be the reason they are seemingly asking for the same again?

[Dashinka 24,831]

17 minutes ago, elizabethquestion said:

Thanks for your response. I didn't file a separate form for myself, I just included myself under the Household section of the I-864. Did I do it wrong?

 

What if my joint sponsor is a married couple with combined assets? Would they have to fill out a I-864 and a I-864A or just the I-864?

 

As for the tax form, we just submitted the IRS tax return that you can request online. We selected "immigration" from a dropdown and they told us which one they recommended.

 

 

If your joint sponsor is using joint assets, then yes, they would have to fill out the I864 for the main joint sponsor, and a separate I864A for the co-owner of the assets, or if they are also counting their income/assets with that of the joint sponsor.

 

As to submitting the tax transcripts, if you submitted W2s as well, it could result in an RFE.  I have seen this a few times as the options are copies of the filed returns including all W2s, 1099's and schedules, OR tax transcripts.  For some reason when you mix and match the two options it confuses USCIS.

 

Good Luck!

Edited March 23, 2020 by Dashinka

[elizabethquestion 13]

1 hour ago, Dashinka said:

 

 

If your joint sponsor is using joint assets, then yes, they would have to fill out the I864 for the main joint sponsor, and a separate I864A for the co-owner of the assets, or if they are also counting their income/assets with that of the joint sponsor.

 

As to submitting the tax transcripts, if you submitted W2s as well, it could result in an RFE.  I have seen this a few times as the options are copies of the filed returns including all W2s, 1099's and schedules, OR tax transcripts.  For some reason when you mix and match the two options it confuses USCIS.

 

Good Luck!

Interesting, thanks. The first bullet says “submit all supporting tax documentation (W2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year.”  
 

We submitted his tax transcript from IRS and his 2018 W2. We also included our W2s for 2019. I don’t know what a tax schedule is or how to retrieve it, and I don’t think the 1099 or 2555 applies to us. 

[Dashinka 24,831]

1 hour ago, elizabethquestion said:

Interesting, thanks. The first bullet says “submit all supporting tax documentation (W2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year.”  
 

We submitted his tax transcript from IRS and his 2018 W2. We also included our W2s for 2019. I don’t know what a tax schedule is or how to retrieve it, and I don’t think the 1099 or 2555 applies to us. 

So for 2019 you only submitted the W2s, and not copies of the tax return?  If so, that explains that RFE point.  As to schedules, some people have to file Schedule A Itemized Deductions, or Schedule C if an independent contractor.  The point is you have to submit copies of everything you submitted to the IRS.  This is why tax transcripts are generally preferred since they contain a summary of what was submitted to the IRS.

 

Good Luck!

[elizabethquestion 13]

3 minutes ago, Dashinka said:

So for 2019 you only submitted the W2s, and not copies of the tax return?  If so, that explains that RFE point.  As to schedules, some people have to file Schedule A Itemized Deductions, or Schedule C if an independent contractor.  The point is you have to submit copies of everything you submitted to the IRS.  This is why tax transcripts are generally preferred since they contain a summary of what was submitted to the IRS.

 

Good Luck!

Yeah, I was under the impression 2018 was considered the most recent tax year because we filed early 2020, and taxes aren't due til April (and now later). We have since filed our 2019 taxes, should we include our tax transcripts if they're available? Or are you saying I should have submitted the 2019 return itself (not transcript) along with the W2?

 

Thanks for your help!

[Dashinka 24,831]

If you filed 2019 taxes already, the transcript may not be available yet, so you can respond to the RFE with copies of the 1040 and W2s submitted.  If you can get the transcripts for 2019, then submit those without the W2s.

 

Good Luck!