K1 AOS - I-864 RFE

[a.miel 5]

I received an RFE for the I-864. I already used the search feature on this site to look for similar cases but I wanted to double check in case I'm misinterpreting something.  I've attached a screenshot of the RFE.  I'm confused about what it is asking for as we have provided everything in the original package except for the W-2 etc.

 

 

It asks for the following:

- completed and signed form I-864 (done)
- sponsor's SSN on form I-864 (done)

- complete and correctly calculated household size for the sponsor (total of 2, myself and my husband)

- sponsor's Federal income tax return including all supporting tax docs etc. (we provided tax return transcripts of the most recent 3 years)

Note: Applicants using a family member's visa petition to adjust status must be listed as a family member on the principal immigrant's Form I-184

 

I'm pretty confident the first 3 bullets are correct so I'm not sure why they were explicitly stated in this RFE. This is causing most of my confusion. We will provide the W-2s, 1099s, Form 2555 and tax schedules along with everything else stated in this RFE.

 

But what does the "Note" line mean? I'm guessing this does not apply to us since I'm the only applicant? I'm very nervous about getting this wrong as I do not want to be denied. 

 

[arken 4,197]

When some docs are missing, they can't accept i864 as they can't verify the sponsor's current income. In that case they send out generic RFE so don't get bothered by its wording. 
 

Mention what else you had included initially to get the correct guidance. Most important items are, what number you used for current annual income, what evidences you provided for current annual income. 

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas to AOS from K1 Visas forum ***

 

[Ayrton 965]

15 hours ago, a.miel said:

I received an RFE for the I-864. I already used the search feature on this site to look for similar cases but I wanted to double check in case I'm misinterpreting something.  I've attached a screenshot of the RFE.  I'm confused about what it is asking for as we have provided everything in the original package except for the W-2 etc.

 

 

It asks for the following:

- completed and signed form I-864 (done)
- sponsor's SSN on form I-864 (done)

- complete and correctly calculated household size for the sponsor (total of 2, myself and my husband)

- sponsor's Federal income tax return including all supporting tax docs etc. (we provided tax return transcripts of the most recent 3 years)

Note: Applicants using a family member's visa petition to adjust status must be listed as a family member on the principal immigrant's Form I-184

 

I'm pretty confident the first 3 bullets are correct so I'm not sure why they were explicitly stated in this RFE. This is causing most of my confusion. We will provide the W-2s, 1099s, Form 2555 and tax schedules along with everything else stated in this RFE.

 

But what does the "Note" line mean? I'm guessing this does not apply to us since I'm the only applicant? I'm very nervous about getting this wrong as I do not want to be denied. 

 

It means that if the sponsor is using a family member as a cosponsor (864a), they must be listed on the sponsor's 864.

 

 

[a.miel 5]

On 11/15/2021 at 6:18 PM, arken said:

When some docs are missing, they can't accept i864 as they can't verify the sponsor's current income. In that case they send out generic RFE so don't get bothered by its wording. 
 

Mention what else you had included initially to get the correct guidance. Most important items are, what number you used for current annual income, what evidences you provided for current annual income. 

Hey, thanks for responding!

Annual income we listed was 80,000. Evidence we provided was 3 most recent years of tax returns. 

I re-read the instructions for the form and realize we forgot the W2. I'm guessing that was the main reason for the RFE. 

[arken 4,197]

24 minutes ago, a.miel said:

Evidence we provided was 3 most recent years of tax returns.

Those are not the evidences of current annual income. Those simply tell one earned good amount in those years and have paid taxes. You need latest paystubs as evidences.

 

If tax return trascript, W2 isn't required.

[a.miel 5]

3 minutes ago, arken said:

Those are not the evidences of current annual income. Those simply tell one earned good amount in those years and have paid taxes. You need latest paystubs as evidences.

 

If tax return trascript, W2 isn't required.

Yes, we provided 3 most recent years of "IRS Tax Return Transcript" in the original filing as support. Since the RFE asked for W2, we will provide that in addition to the most recent tax return transcript when we respond.  1099, Form 2555 and tax schedules are not applicable in our situation so we won't be providing those.

[Azraa 1]

Hi any update. I got the same rfe

[a.miel 5]

On 11/30/2021 at 5:39 PM, Azraa said:

Hi any update. I got the same rfe

Hey sorry I know this is super late. But when I sent in the W2 with the other stuff, it was accepted and my case is currently being processed