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Kini

Request For Initial Evidence - Need Help Clarifying

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Filed: AOS (pnd) Country: Philippines
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Hello!

 

This is gonna be a long post and I would gladly appreciate those who take time to read and answer my question. I recently just got a RFIE from USCIS stating the following:

 

 

- Submit all supporting tax documents (W2, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The joint sponsor must submit all supporting tax documents for the most recent year.

 

Question: Do I give them a copy of my Wife and I's tax return from 2019? That's basically all we submitted to the IRS.

 

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Next requirement they need was a contract between my Joint Sponsor and his wife, since his wife's income is being used to meet the poverty guideline. Unfortunately, my Joint Sponsor is having a difficult time after having been tested positive with the Corona Virus. With his state and condition, I do not want to bug him with any of these requirements. I am given 87 days for this and I badly need to pass now so I decided to get another Joint Sponsor who is willing to replace the other one.

 

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In the letter that I got from USCIS, they also stated that if I wish to obtain a new joint sponsor, I will need to:

 

- Submit a completed and signed Form I-864, Affidavit of support, from the joint sponsor.

- Provide joint sponsor's SSN on Form I-864.

- Provide a complete and correctly calculated household size on Form I-864.

- Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

- Submit evidence of the joint sponsor's status as a United States Citizen, United States National, or Lawful Permanent Resident.

 

As for the Assets, they're asking for bank statements covering the last 12 months. Evidence of ownership and the likes.

 

Question:

 

-They're asking supporting tax documents for the most recent tax year. When my first joint sponsor sent the form, they were asking for his tax documents (W-2's, 1099s, etc.) for the past three years. Should my joint sponsor just follow what the letter says and send in the documents for the recent tax year? Or include the past three years?

 

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Thanks in advance for those who answer. I really appreciate you all.
 

 

 

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1) Provide the full copy of the return, per the RFIE's request. This means a copy of the 1040, as well as a copy of  all W-2s, 1099s, 2555s/2555EZs, etc. used for the 1040. That's what it says to send, so that's what I would send.

 

2) The copy of the most recent year's return is required. The copy of the other 2 years of returns are optional. Whether it's best to send the other 2 years or not depends on the circumstances. If the most recent year's income is decently above the minimum level and their current income is also sufficient, then the other 2 years probably don't really have much value.

If self-employed (in which tax returns are evidence of current income), showing a history may be beneficial.

If W-2 earner, paystubs + an employment letter would be best evidence of current income. The most recent year's tax return copy is required, but the other 2 years may not add much (if any) value.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: Philippines
Timeline
On 5/1/2020 at 10:25 AM, geowrian said:

1) Provide the full copy of the return, per the RFIE's request. This means a copy of the 1040, as well as a copy of  all W-2s, 1099s, 2555s/2555EZs, etc. used for the 1040. That's what it says to send, so that's what I would send.

 

2) The copy of the most recent year's return is required. The copy of the other 2 years of returns are optional. Whether it's best to send the other 2 years or not depends on the circumstances. If the most recent year's income is decently above the minimum level and their current income is also sufficient, then the other 2 years probably don't really have much value.

If self-employed (in which tax returns are evidence of current income), showing a history may be beneficial.

If W-2 earner, paystubs + an employment letter would be best evidence of current income. The most recent year's tax return copy is required, but the other 2 years may not add much (if any) value.

 

Thank you so much! I appreciate you for answering this! Also, one more thing. Do I send USCIS a letter too about changing my Joint Sponsor?

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1 hour ago, Kini said:

Thank you so much! I appreciate you for answering this! Also, one more thing. Do I send USCIS a letter too about changing my Joint Sponsor?

No need for a letter - just the new I-864 should be sufficient. But if you really want, it won't hurt to include a line on the cover letter (like "I-864 from XXX as replacement joint sponsor").

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: Philippines
Timeline
1 hour ago, geowrian said:

No need for a letter - just the new I-864 should be sufficient. But if you really want, it won't hurt to include a line on the cover letter (like "I-864 from XXX as replacement joint sponsor").

Sir, I just want to say.. thank you so much for answering my questions.You have saved me a lot of time!! I hope you are doing well wherever you are!

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