RIFE income does not meet requirement

[Maggiekhu 1]

Please help
AOS stages after K1 marriage. I just got my second RIFE stated that my income and household member's income not meet the 125% requirement and I need new joint sponsor or send in other docs for final decision. Please help me explain if I did things wrong.

Here is when I filed my case
- I-The petitioner was a student and did not make much for the last 3 years, around 15k and I lives in the same household as the household member (father).
- We all share the same address, a household of 5 people including me, my spouse(immigrant), my dad, my mom and my brother.
- I filled out I-864 for myself as a petitioner sponsor for my spouse. Since I did not make enough, I claimed my dad as the household member. He made around 31k for the last three years.

- I submitted my tax return for 2019,2018,2017 and my dad's tax return for the following years. On my dad's tax return, my mom also was on there because they file tax together and my brother was on tax as dependent.

- I also submit my almost last 6 months paystubs which I currently making almost 40k/year, and my dad making 35k/year. I entered the household size as 4 on I-864

I dont know why it still not meet the income. I looked at at the requirement, we need only around 38k to be good to go, but when I combined my income with my dad's income, it is over 40k already. Now I have to resubmit all paperwork soon. Please tell me if this is good enough

_I will submit new i-864 and change the household size to 5 including 2 household member's income are my dad and my mom (file 2 I-864A)

_I will submit my 6 months current paystubs, hired letter where it present my pay rate and estimate my annual income, my 3 years federal tax income including 1040 and W2, bank statement for last 12 months, current balance and FICO score. I will submit the same for my parents. 

Does it good enough or do I have to do I-864 for me, I-864 for my dad and I-864A for my mom? Then would it be the household size will be different then?
Please help me because I'm worrying that if the case denied then I dont even know what will happen with my spouse.

[NancyNguyen 1,657]

You are completely confused and lost. You have a good income now so you need to complete a new i864 as main sponsor, household of TWO, with current income  along with proofs (paychecks, employers' letter.)

Your parents don't need to get in the picture of I-864 at all.

You live with your parents doesn't necessarily mean you need to combine their income and count them towards household size.

Order TAX TRANSCRIPTS now. Don't send tax return forms.

 

 

Edited July 29, 2020 by NancyNguyen

[Maggiekhu 1]

2 minutes ago, NancyNguyen said:

You are completely confused and lost. You have a good income now so you need to complete a new i864 as main sponsor, household of TWO, with current income  along with proofs (paychecks, employers' letter.)

Your parents don't need to get in the picture of I-864 at all.

You live with your parents doesn't necessarily mean you need to combine their income and count them towards household size.

Order TAX TRANSCRIPTS now. Don't send tax return forms.

 

 

Im just working for 6months. My previous federal tax does not have enough income, that’s why my dad get in the picture. Even i filed him as household member and combined the income with him, uscis still said that we dont have enough income. I sent paystub, employer’s letter but they did not decide based on those info

[NancyNguyen 1,657]

Just now, Maggiekhu said:

Im just working for 6months. My previous federal tax does not have enough income, that’s why my dad get in the picture. Even i filed him as household member and combined the income with him, uscis still said that we dont have enough income. I sent paystub, employer’s letter but they did not decide based on those info

CURRENT INCOME is what matters. Don't worry about last year tax. Submit proofs reflecting current income.

[Maggiekhu 1]

4 minutes ago, NancyNguyen said:

CURRENT INCOME is what matters. Don't worry about last year tax. Submit proofs reflecting current income.

That’s what I did last time and Here is my second RIFE

[Ayrton 965]

6 hours ago, Maggiekhu said:

Please help
AOS stages after K1 marriage. I just got my second RIFE stated that my income and household member's income not meet the 125% requirement and I need new joint sponsor or send in other docs for final decision. Please help me explain if I did things wrong.

Here is when I filed my case
- I-The petitioner was a student and did not make much for the last 3 years, around 15k and I lives in the same household as the household member (father).
- We all share the same address, a household of 5 people including me, my spouse(immigrant), my dad, my mom and my brother.
- I filled out I-864 for myself as a petitioner sponsor for my spouse. Since I did not make enough, I claimed my dad as the household member. He made around 31k for the last three years.

- I submitted my tax return for 2019,2018,2017 and my dad's tax return for the following years. On my dad's tax return, my mom also was on there because they file tax together and my brother was on tax as dependent.

- I also submit my almost last 6 months paystubs which I currently making almost 40k/year, and my dad making 35k/year. I entered the household size as 4 on I-864

I dont know why it still not meet the income. I looked at at the requirement, we need only around 38k to be good to go, but when I combined my income with my dad's income, it is over 40k already. Now I have to resubmit all paperwork soon. Please tell me if this is good enough

_I will submit new i-864 and change the household size to 5 including 2 household member's income are my dad and my mom (file 2 I-864A)

_I will submit my 6 months current paystubs, hired letter where it present my pay rate and estimate my annual income, my 3 years federal tax income including 1040 and W2, bank statement for last 12 months, current balance and FICO score. I will submit the same for my parents. 

Does it good enough or do I have to do I-864 for me, I-864 for my dad and I-864A for my mom? Then would it be the household size will be different then?
Please help me because I'm worrying that if the case denied then I dont even know what will happen with my spouse.

Your first need to understand how the the 864 works.

 

You have 5 people living in the same house. That doesn't mean you're all in the same household.

 

Your household: 2 = you and your spouse. 

 

Do you provide to your parents with more than 50% of what they have? You said your dad has his own income and file his own taxes, so your dad and your mom is in their own household.  If your brother is claimed by your parents on their taxes / his not independent yet, then your brother is part of your parents household, not yours. But if you claim him as a dependent, than he's part of your household. Or if your brother has his own job and file his own taxes (is not a dependent) then your brother is in his own household (3rd one).

 

After saying that you have a couple options:

 

1. If your current income is above the 125% threshold for your own household (2) than you don't need anything else. You will send your tax transcript for the latest year and send proof of your current income: paystubs, letter of employment stating your salary or yearly rate. And you will explain why in the past years your income wasn't high.

 

2. Using your dad as a household member. Since your dad lives in the same house as you, you can claim him on your 864 as a household member and his income will be combined with your to meet the 125% threshold. By doing that, you will only include your dad in your household size, not his whole household. Your dad will also have to sign a 864a and send tax transcript and w2, since he filed jointly.

 

3. Using your dad as a joint sponsor. With this option, the incomes won't be combined. Your dad would have to able to meet the 125% for his household + your spouse, a total of 4 if your brother is their dependent or 3 if not. With this option they won't look at your income but you still need to send your tax transcript.

[Ayrton 965]

13 minutes ago, Ayrton said:

Your first need to understand how the the 864 works.

 

You have 5 people living in the same house. That doesn't mean you're all in the same household.

 

Your household: 2 = you and your spouse. 

 

Do you provide to your parents with more than 50% of what they have? You said your dad has his own income and file his own taxes, so your dad and your mom is in their own household.  If your brother is claimed by your parents on their taxes / his not independent yet, then your brother is part of your parents household, not yours. But if you claim him as a dependent, than he's part of your household. Or if your brother has his own job and file his own taxes (is not a dependent) then your brother is in his own household (3rd one).

 

After saying that you have a couple options:

 

1. If your current income is above the 125% threshold for your own household (2) than you don't need anything else. You will send your tax transcript for the latest year and send proof of your current income: paystubs, letter of employment stating your salary or yearly rate. And you will explain why in the past years your income wasn't high.

 

2. Using your dad as a household member. Since your dad lives in the same house as you, you can claim him on your 864 as a household member and his income will be combined with your to meet the 125% threshold. By doing that, you will only include your dad in your household size, not his whole household. Your dad will also have to sign a 864a and send tax transcript and w2, since he filed jointly.

 

3. Using your dad as a joint sponsor. With this option, the incomes won't be combined. Your dad would have to able to meet the 125% for his household + your spouse, a total of 4 if your brother is their dependent or 3 if not. With this option they won't look at your income but you still need to send your tax transcript.

 

Just to say that I overlooked your post and didn't see that your parents claimed your brother as a dependent.

 

Your household = 2.

 

Your parents household = 3.

[Maggiekhu 1]

21 minutes ago, Ayrton said:

Your first need to understand how the the 864 works.

 

You have 5 people living in the same house. That doesn't mean you're all in the same household.

 

Your household: 2 = you and your spouse. 

 

Do you provide to your parents with more than 50% of what they have? You said your dad has his own income and file his own taxes, so your dad and your mom is in their own household.  If your brother is claimed by your parents on their taxes / his not independent yet, then your brother is part of your parents household, not yours. But if you claim him as a dependent, than he's part of your household. Or if your brother has his own job and file his own taxes (is not a dependent) then your brother is in his own household (3rd one).

 

After saying that you have a couple options:

 

1. If your current income is above the 125% threshold for your own household (2) than you don't need anything else. You will send your tax transcript for the latest year and send proof of your current income: paystubs, letter of employment stating your salary or yearly rate. And you will explain why in the past years your income wasn't high.

 

2. Using your dad as a household member. Since your dad lives in the same house as you, you can claim him on your 864 as a household member and his income will be combined with your to meet the 125% threshold. By doing that, you will only include your dad in your household size, not his whole household. Your dad will also have to sign a 864a and send tax transcript and w2, since he filed jointly.

 

3. Using your dad as a joint sponsor. With this option, the incomes won't be combined. Your dad would have to able to meet the 125% for his household + your spouse, a total of 4 if your brother is their dependent or 3 if not. With this option they won't look at your income but you still need to send your tax transcript.

Thank you for explain it but I still not know why my income does not meet at the first times since I used my dad income and we combined, our income can cover for 5 people. I did not include my mom as household member. 

[Ayrton 965]

12 minutes ago, Maggiekhu said:

Thank you for explain it but I still not know why my income does not meet at the first times since I used my dad income and we combined, our income can cover for 5 people. I did not include my mom as household member. 

Because you made mistakes on the form.

 

1. Your household wasn't 4. If you added 2 to Part 5, question 7, you had to have 2 Household members listed with their income.

2. You didn't send a 864a for your dad since you included him as a household member (at least you didn't mention that).

3. If you sent a 864a for your dad, did you send tax return or tax transcript? If you sent tax transcript and didn't send w2, this would also trigger the RFE.

 

Any mistake on the form will automatically disqualify you as a sponsor, they won't even look at the documents you sent.

 

Also, DO NOT send past 3 years of tax transcripts. You're not required to do that. Only send the latest one. You're not even required to enter the amount for the other 2 years on question 24. You didn't have a good income before so sending that won't help you on anything.

 

 

Edited July 29, 2020 by Ayrton

[Maggiekhu 1]

3 minutes ago, Ayrton said:

Because you made mistakes on the form.

 

1. Your household wasn't 5. If you added 3 to Part 5, question 7, you had to have 3 Household members listed with their income.

2. You didn't send a 864a for your dad since you included him as a household member (at least you didn't mention that).

3. If you sent a 864a for your dad, did you send tax return or tax transcript? If you sent tax transcript and didn't send w2, this would also trigger the RFE.

 

Any mistake on the form will automatically disqualify you as a sponsor, they won't even look at the documents you sent.

 

Also, DO NOT send past 3 years of tax transcripts. You're not required to do that. Only send the latest one. You're not even required to enter the amount for the other 2 years on question 24. You didn't have a good income before so sending that won't help you on anything.

 

 

Oh now it makes sense. I sent i864A for my dad, i sent federal tax and current paystub but I did not send the W2. So this time, just make sure i add my mom, my dad because they filed federal tax together with W2 then my household with be 4 right. Oh my god, you make it better to understand. Thank you

[Ayrton 965]

Just now, Maggiekhu said:

Oh now it makes sense. I sent i864A for my dad, i sent federal tax and current paystub but I did not send the W2. So this time, just make sure i add my mom, my dad because they filed federal tax together with W2 then my household with be 4 right. Oh my god, you make it better to understand. Thank you

So you're going for option 2?

 

You need to read the instructions and see the requirements.

 

You need to send either 1040 + w2 + 1099 + whatever schedules is attached to 1040 OR tax return transcript.

 

I strongly suggest you to get your tax return transcript from the IRS website and not send 1040. They like it better.

 

You don't need to add your mom if she doesn't have any income. Just make sure you send your dad's w2 so they can know the income on the tax return comes from him.

 

 

[Maggiekhu 1]

5 minutes ago, Ayrton said:

So you're going for option 2?

 

You need to read the instructions and see the requirements.

 

You need to send either 1040 + w2 + 1099 + whatever schedules is attached to 1040 OR tax return transcript.

 

I strongly suggest you to get your tax return transcript from the IRS website and not send 1040. They like it better.

 

You don't need to add your mom if she doesn't have any income. Just make sure you send your dad's w2 so they can know the income on the tax return comes from him.

 

 

My mom has income, I just print the whole package of federal tax and also send w2 for all of us. Just wondering my household size will be 4 right? I dont need to count my brother in he is dependent under my parents and he just turn 18

all of us dont have 1090 since we mostly is w2 employer

[Ayrton 965]

5 minutes ago, Maggiekhu said:

My mom has income, I just print the whole package of federal tax and also send w2 for all of us. Just wondering my household size will be 4 right? I dont need to count my brother in he is dependent under my parents and he just turn 18

all of us dont have 1090 since we mostly is w2 employer

If you're using your mom as household member, yes, it would be 4.

 

I'll say again. Try to get the Tax Return Transcript. You can easily get it online and it proves you filed.  It's only 5 pages compared to the tax return itself that can get to 50 pages easily. If you can't get online, request it by mail. And only send the latest year (2019).

 

And get employment letters and paystubs for your dad and mom.

Edited July 29, 2020 by Ayrton

[Maggiekhu 1]

1 minute ago, Ayrton said:

If you're using your mom as household member, yes, it would be 4.

 

I'll say again. Try to get the Tax Return Transcript. You can easily get it online, it's only 5 pages compared to the tax return itself that can get to 50 pages easily. If you can't get online, request it by mail.

Oh okay, then 2i864A needed then? I will try to get the tax return transcript. I tried yesterday but the website said it does not link to any of my account when i put the credit card in

[Ayrton 965]

18 minutes ago, Maggiekhu said:

Oh okay, then 2i864A needed then? I will try to get the tax return transcript. I tried yesterday but the website said it does not link to any of my account when i put the credit card in

Yes, each household member needs a 864a. 

 

Why don't you use your Dad as joint sponsor instead? You fill out a 864 for him and a 864a for you mom. That's usually what most people do.

 

Your household remains 2 on your 864 and your dad will have a household of 4, including your brother and your spouse.

Edited July 29, 2020 by Ayrton