RFE for I-864 - Need help on what needs to be fixed

[La Bombonera 1]

Hello, we received an RFE that asks to resubmit the I-864 with evidence. The letter contains the following bullet points to be resubmitted:

 

You did not submit a properly completed and signed Form I-864, Affidavit of Support, for the petitioning sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioning sponsor must submit Form I-864. (Form I-134 is not acceptable for Adjustment of Status.) In order to process your

application further, you must:

• Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. 
• All pages must be present and of the latest edition date.
• Provide the petitioning sponsor's Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size on Form I-864.
• Submit a complete copy of the petitioning 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.

 

I have carefully reviewed the I-864 multiple times and referred to both VJ and the I-864 instruction PDF. 

• Completed, signed, and submitted Form I-864 --> Done (in the initial and prospective submissions)
• All pages must be present and of the latest edition date. --> Done (in the initial and prospective submissions)

                    Per USCIS website, Edition Date: 03/10/21. We will publish a new edition of this form soon. In the meantime, you may continue using the 03/10/21 edition despite the expiration date. You can find the edition date at the bottom of the page on the form and instructions.

• Provide the petitioning sponsor's Social Security Number on Form I-864. --> Done (in the initial and prospective submissions)
• Provide a complete and correctly calculated household size on Form I-864. --> Done (2 household size, it is me and my husband. Submitted 2 in the initial and prospective submissions)
• Submit a complete copy of the petitioning 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. --> Done with small revisions. These include  "unchecking" 23.b.; still listed Tax Year for 24.a.,24.b., and 24.c. as 2020, 2019, and 2018; and corrected the dollar amounts from Adjusted Gross Income to Total Income as I filed 1040.

                Included:

                       2020 IRS Tax Transcript downloaded from the IRS website (previously submitted 2018, 2019, and 2020 IRS Tax Transcripts)

                       Latest employment verification letter that states my current annual salary (in the initial and prospective submissions)

                       2020 W-2 Statement (in the initial and prospective submissions. Previously submitted W-2 for 2018 and 2019)

                       4 months of pay stubs (in the initial and prospective submissions. going to submit the latest 4 months of pay stubs)

 

I am confused as to what needs to be fixed at this point. For all the years (2020 & 2019) I submitted tax info for, I have been over the 125% income threshold needed. For 2018, I was slightly under the (poverty) income threshold by $3K as I started my job in November 2018; I am not sure if this could have been the issue. If so, would it be recommended to explain in Page 10 Part 11 (Additional Information) of I-864 why my 2018 income was below and include my job offer letter that states my start date as November 2018?

 

I would appreciate if you could please give us some guidance to this. Thank you.

[JeanneAdil 6,494]

Look at the little phrase on 23b it says

My total income (adjusted gross on Internal Revenue Service (IRS)

[randy32 165]

Respond to the RFE, carefully fill out the form. Someone may have missed something. Either you or them.

Make sure to address either point that is mentioned in the RFE.

 

Sometimes looking at it too long, you will miss the obvious.

 

With regards to income, most recent income is more important than tax info from 3 years back

[La Bombonera 1]

59 minutes ago, JeanneAdil said:

Look at the little phrase on 23b it says

My total income (adjusted gross on Internal Revenue Service (IRS)

I have now unchecked 23b as I will not include my IRS Tax Transcripts for the 2nd and 3rd most recent tax years (2019 and 2018, respectively). 

 

Per I-864 instructions, my husband's total income would go under the "My Total Income" column as the sponsor (my husband) filed 1040. If 1040EZ was filed, then adjusted gross income should go under the "My Total Income" column. I have corrected the "My Total Income" column by respective years from Adjusted Gross Income to Total Income as I filed 1040; I am not sure if this triggered the RFE letter.

Edited October 27, 2021 by La Bombonera

[La Bombonera 1]

27 minutes ago, randy32 said:

Respond to the RFE, carefully fill out the form. Someone may have missed something. Either you or them.

Make sure to address either point that is mentioned in the RFE.

 

Sometimes looking at it too long, you will miss the obvious.

 

With regards to income, most recent income is more important than tax info from 3 years back

Thank you for your prompt response.

 

I would also think the most recent income, being 2020, would be more important and relevant than the 2nd and 3rd most years' income.  Just to confirm, there is no need to explain why my husband's 2018 income was below the threshold amount in Part 11 (Additional Information) and include his job offer letter stating the start date as November 2018?

[K1visaHopeful 2,814]

If you have included a current Employment Verification Letter, does that 2021 predicted earnings amount appear in Part 6 Question 7 as current income?

If not, it should. Plus the recommended number of paystubs is 6 months current, not 4 months.

Edited October 27, 2021 by K1visaHopeful

[La Bombonera 1]

10 minutes ago, K1visaHopeful said:

If you have included a current Employment Verification Letter, does that 2021 predicted earnings amount appear in Part 6 Question 7 as current income?

If not, it should. Plus the recommended number of paystubs is 6 months current, not 4 months.

the current annual income stated in the employment verification letter matches with the Part 6 Question 7.

thank you, i will include 6 months of pay stubs. 

 

Besides the 2020 IRS Federal individual income return transcript, 2020 W-2, 6 months of pay stubs, and employment verification letter (showing the current salary), is there anything else i should also include? After reading the I-864 instruction, it says, "...Do not include copies of these forms (Form W-2 and Form 1099) if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

 

 

[K1visaHopeful 2,814]

2 minutes ago, La Bombonera said:

the current annual income stated in the employment verification letter matches with the Part 6 Question 7.

thank you, i will include 6 months of pay stubs. 

 

Besides the 2020 IRS Federal individual income return transcript, 2020 W-2, 6 months of pay stubs, and employment verification letter (showing the current salary), is there anything else i should also include? After reading the I-864 instruction, it says, "...Do not include copies of these forms (Form W-2 and Form 1099) if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

 

 

The instructions are telling you that you are not to submit Earnings statements (W2 or 1099 series) if you did not file as MFJ (ONLY submit them IF you filed as MFJ).

If you didn't, you shouldn't submit what they are asking you not to submit.

[Azraa 1]

Hi any update on the rfe? I got the same one