I-864 Request of Initial Evidence Tax stuffs

[ThanhNg 2]

Hi everyone,
I received a Request for Initial Evidence for my application regarding I-864. I am slightly confused of what I should include in the supplement so I would like to get some help.

What I included in the original package as evidence for form I-864: 

• IRS tax transcript (downloadable from their website) for 2018, 2019, 2020
• Copy of employment contract
• Most recent 5 weekly pay stubs.

 

We are using only his income (no assets, no joint-sponsors).

 

Here's what they requested in the letter.

Quote

What you need to do

You must provide the following information for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response.

• Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The petitioning sponsor must submit all supporting tax documents for the most recent tax year.
• Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent (100 percent if military) of the federal poverty guideline for the sponsor's household size. See Form I-864P for information on the Federal Poverty Guidelines...
• (Etc. other points about joint-sponsors)
• (Etc. other points about evidence for assets)

My questions:

1. Seems like they want the complete tax package. Do you recommend only the most recent years or as a safety measure, all 3 most recent years?
2. I don't understand the 2nd point in the instruction so much. Do they need another signed I-864 form?
3. The 1099s are very massive. We have around 6 of those and its 30 pages each. Do you recommend sending those?

 

Thank you all.

[Letspaintcookies 2,310]

It's usually recommended to give them exactly what they want, so:

1. Only the most recent tax year.

2. Do you have a copy of the form you sent? Maybe you forgot to sign it or forgot to fill out one line. It's super annoying that they don't point out what exactly is the problem but the thing is as soon as even one question is not answered the whole thing gets thrown out and they simply say thy can't determine if the sponsor qualifies. 

3. It's already answered in their letter. Yes they want it all. That's why transcripts are usually preferred but when they ask for it they want it. 

[K1visaHopeful 2,817]

Did they file as Married filing Jointly in any of those years?

It's quite possible you missed providing your earnings statements to distinguish individual income and it sounds like you filled out the i864 incorrectly.

[ThanhNg 2]

14 minutes ago, K1visaHopeful said:

Did they file as Married filing Jointly in any of those years?

It's quite possible you missed providing your earnings statements to distinguish individual income and it sounds like you filled out the i864 incorrectly.

Hi. My now husband (USC) did not file as married jointly in any of those years. The only problems I could find is probably due to some of non-recent years  (2018, 2019) he worked abroad and so the tax transcript has a lot of foreign income calculation shenanigans.

Unfortunately I could not tell if the form itself is not properly filled or just the lack of evidence alone. I quintuple checked the form itself and I cannot tell if there is anything wrong.

[Ayrton 965]

7 hours ago, ThanhNg said:

Hi everyone,
I received a Request for Initial Evidence for my application regarding I-864. I am slightly confused of what I should include in the supplement so I would like to get some help.

What I included in the original package as evidence for form I-864: 

• IRS tax transcript (downloadable from their website) for 2018, 2019, 2020
• Copy of employment contract
• Most recent 5 weekly pay stubs.

 

We are using only his income (no assets, no joint-sponsors).

 

Here's what they requested in the letter.

My questions:

1. Seems like they want the complete tax package. Do you recommend only the most recent years or as a safety measure, all 3 most recent years?
2. I don't understand the 2nd point in the instruction so much. Do they need another signed I-864 form?
3. The 1099s are very massive. We have around 6 of those and its 30 pages each. Do you recommend sending those?

 

Thank you all.

 

Did you submit a Tax RETURN Transcript or Tax ACCOUNT Transcript?

[ThanhNg 2]

Hi everyone. We checked with USCIS and their instruction has updated matching exactly our RFE. Seems like they dont do tax transcript anymore.

 

One question:  He filed his tax online, using a third party service and therefore signed digitally.  The copy we obtained does not have any signature.  Do you think its okay to explain this to USCIS, in like a cover letter?

Edited August 4, 2021 by ThanhNg
Add in extra clarification

[Ayrton 965]

29 minutes ago, ThanhNg said:

Hi everyone. We checked with USCIS and their instruction has updated matching exactly our RFE. Seems like they dont do tax transcript anymore.

 

One question:  He filed his tax online, using a third party service and therefore signed digitally.  The copy we obtained does not have any signature.  Do you think its okay to explain this to USCIS, in like a cover letter?

The instructions still say transcript is acceptable. But you have to submit Tax Return Transcript.

 

 

[ThanhNg 2]

6 minutes ago, Ayrton said:

The instructions still say transcript is acceptable. But you have to submit Tax Return Transcript.

 

 

Thanks. I did submit tax return transcript and still received RFE, which requires different tax papers than the transcript. 

[Ayrton 965]

11 minutes ago, ThanhNg said:

Thanks. I did submit tax return transcript and still received RFE, which requires different tax papers than the transcript. 

What did you write down as Current Annual Income and what did you answer on questions 24a-c?

 

Your spouse is self-employed correct? 

Edited August 4, 2021 by Ayrton

[ThanhNg 2]

3 minutes ago, Ayrton said:

What did you write down as Current Annual Income and what did you answer on questions 24a-c?

 

Your spouse is self-employed correct? 

Hi,

Current annual income is $125k. 24a-c is abount $50k.

My USC spouse has an employer. 

[Ayrton 965]

10 minutes ago, ThanhNg said:

Hi,

Current annual income is $125k. 24a-c is abount $50k.

My USC spouse has an employer. 

You mentioned he has 6 massive 1099, which implies he's a self employed/independent contractor. Does he have any W2?

 

Does his contract shows the 125k as a salary? Maybe instead of a contract, try to get a letter from HR that states he's currently employed and much he makes.

Edited August 4, 2021 by Ayrton

[ThanhNg 2]

Just now, Ayrton said:

You mentioned he has 6 massive 1099, which implies he's a self employed/independent contractor. Does he have any W2?

 

Does his contract shows the 125k as a salary? 

Yes. I have included the current contract, which states that salary. I did not include any W-2s in the original filling,  but I have that in my records.

[Ayrton 965]

1 minute ago, ThanhNg said:

Yes. I have included the current contract, which states that salary. I did not include any W-2s in the original filling,  but I have that in my records.

Is the contract temporary? When is the contract dated? Maybe instead of a contract, could you get a letter from HR that states he's still currently employed and making that amount.

 

The only thing that I can think of is that they saw 125k as Current Income, but the latest return only shows 50k, so they couldn't link the 2. If the contract has an end date, maybe USCIS won't use an income that is set to end soon.

[Yan yan 19]

14 hours ago, ThanhNg said:

Hi everyone,
I received a Request for Initial Evidence for my application regarding I-864. I am slightly confused of what I should include in the supplement so I would like to get some help.

What I included in the original package as evidence for form I-864: 

• IRS tax transcript (downloadable from their website) for 2018, 2019, 2020
• Copy of employment contract
• Most recent 5 weekly pay stubs.

 

We are using only his income (no assets, no joint-sponsors).

 

Here's what they requested in the letter.

My questions:

1. Seems like they want the complete tax package. Do you recommend only the most recent years or as a safety measure, all 3 most recent years?
2. I don't understand the 2nd point in the instruction so much. Do they need another signed I-864 form?
3. The 1099s are very massive. We have around 6 of those and its 30 pages each. Do you recommend sending those?

 

Thank you all.

I've gotten the same rfe as you did for aos. He re-did a new i864 plus sent copies of his w2, employment verification letter,  his 2020 tax return and 6m paystubs. So please to send in the documents requested that applies to him in a timely manner.

[KayDeeCee 4,893]

16 hours ago, ThanhNg said:

Hi everyone,
I received a Request for Initial Evidence for my application regarding I-864. I am slightly confused of what I should include in the supplement so I would like to get some help.

What I included in the original package as evidence for form I-864: 

• IRS tax transcript (downloadable from their website) for 2018, 2019, 2020
• Copy of employment contract
• Most recent 5 weekly pay stubs.

 

We are using only his income (no assets, no joint-sponsors).

 

Here's what they requested in the letter.

My questions:

1. Seems like they want the complete tax package. Do you recommend only the most recent years or as a safety measure, all 3 most recent years?
2. I don't understand the 2nd point in the instruction so much. Do they need another signed I-864 form?
3. The 1099s are very massive. We have around 6 of those and its 30 pages each. Do you recommend sending those?

 

Thank you all.

What are the 1099s for? You mention above that he is not self-employed, so are the 1099s from government payments, interest dividends, withdrawals from retirement account? Does he have an employer and W-2s plus doing independent contractor work? 

 

The I-864 instructions ask for other forms from those that are self-employed, which is why I am asking. 

 

Double check to make sure everything was filled out correctly on the I-864, and that household count was correct.

 

Send exactly what they are asking for. The entire copy of the most recent tax return with all forms, schedules and attachments. Basically everything you would have had to send if you were filing by mail.