RFE: What tax info am I supposed to be providing, exactly?

[aoishi 7]

Hi, I've tried to find more info on previously asked questions first but, honestly, I'm just confused at this point.

 

I recently got an RFE for my case. Here's what they asked for (and sorry for any weirdness, I voice dictated it): 

 

-The Joint sponsor, submitted a joint federal income tax return for the most recent year. Since there is no supporting tax documentation (W-2s, 1099s, form 2555 and tax schedules) provided for the joint sponsor, we are not able to determine if the joint sponsors income on the federal income tax return meets or exceeds 125% of the poverty guideline.

-Based on the documents submitted, we could not determine that the joint sponsor, on form i-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, The Joint sponsor form i-864 must be properly completed and signed and the supporting documents must establish that the joint sponsors income meets 125% of the federal poverty guideline. ... The total income line on IRS form 1040 is used to determine qualifying income for a sponsor, not the Gross Receipts line from IRS Schedule C or C-EZ.

 

My joint sponsor provided me with a 1040-SR (which, I will add, had a black line through his SSN. That's how his accountant gave it to him, I think.). It's joint, but he filed his wife as a dependent and she has essentially no income of her own. He's not employed but makes good money through stocks, so it's not like he doesn't have enough money. We also provided clear screenshots of his Charles Schwab account, assuming that would support the 1040. Of course, the I-864 was filled out and signed, etc.

 

I'm 23 so I don't fully understand all this tax stuff! I'd really appreciate any help figuring out what we need to send now. Thank you!!

[K1visaHopeful 2,814]

46 minutes ago, aoishi said:

Hi, I've tried to find more info on previously asked questions first but, honestly, I'm just confused at this point.

 

I recently got an RFE for my case. Here's what they asked for (and sorry for any weirdness, I voice dictated it): 

 

-The Joint sponsor, submitted a joint federal income tax return for the most recent year. Since there is no supporting tax documentation (W-2s, 1099s, form 2555 and tax schedules) provided for the joint sponsor, we are not able to determine if the joint sponsors income on the federal income tax return meets or exceeds 125% of the poverty guideline.

 

You didn't provide any of the supporting tax documents such as the listed earnings statements. Those are required both because:

1. You provided an actual tax return INSTEAD of the transcript.

AND 

2. Because they filed as Married Filing Jointly. You must provide earnings statements in that scenario regardless if you provide the return or the transcript.

 

 

 

 

[Rocio0010 5,579]

So you are a USC and are applying for a K1 visa for your Japanese fiance, am I right?

To me, the safest thing is to provide USCIS with the IRS return transcripts, which can be easily downloaded from their website. Remember that your joint sponsor's investment need to be in the US. Your joint sponsor would also provide the 1040 SR.

Another thing: remember that you are still the main sponsor, so you'll provide your own i-864.

Their spouse would also need to provide an i-864a, even though she has no income.

 

It is my understanding that you need to provide your own i-864 with the supporting documentation. Your joint sponsor would provide another i-864 with supporting documentation, along with an i864a signed by her spouse.

[Rocio0010 5,579]

1 minute ago, K1visaHopeful said:

Because they filed as Married Filing Jointly. You must provide earnings statements in that scenario regardless if you provide the return or the transcript.

 

And also, doesn't the spouse of the joint sponsor need to sign an i864a, even if she's listed as a dependant?

[aoishi 7]

45 minutes ago, K1visaHopeful said:

You didn't provide any of the supporting tax documents such as the listed earnings statements. Those are required both because:

1. You provided an actual tax return INSTEAD of the transcript.

AND 

2. Because they filed as Married Filing Jointly. You must provide earnings statements in that scenario regardless if you provide the return or the transcript.

 

 

 

 

Sorry, what would be evidence of earning statements?

[aoishi 7]

53 minutes ago, ra0010 said:

So you are a USC and are applying for a K1 visa for your Japanese fiance, am I right?

To me, the safest thing is to provide USCIS with the IRS return transcripts, which can be easily downloaded from their website. Remember that your joint sponsor's investment need to be in the US. Your joint sponsor would also provide the 1040 SR.

Another thing: remember that you are still the main sponsor, so you'll provide your own i-864.

Their spouse would also need to provide an i-864a, even though she has no income.

 

It is my understanding that you need to provide your own i-864 with the supporting documentation. Your joint sponsor would provide another i-864 with supporting documentation, along with an i864a signed by her spouse.

Yeah I'm applying for the AOS. I filled everything out and apparently they had no issues with my stuff. Just the joint sponsor. He provided the 1040 and all of his investments are in the US. I'll try to get the IRS transcripts from him, thanks. But I don't think I need the i-864a, it seems like that is only needed if their income needs to be included??

Edited December 6, 2021 by aoishi

[dwheels76 5,468]

2 hours ago, aoishi said:

Hi, I've tried to find more info on previously asked questions first but, honestly, I'm just confused at this point.

 

I recently got an RFE for my case. Here's what they asked for (and sorry for any weirdness, I voice dictated it): 

 

-The Joint sponsor, submitted a joint federal income tax return for the most recent year. Since there is no supporting tax documentation (W-2s, 1099s, form 2555 and tax schedules) provided for the joint sponsor, we are not able to determine if the joint sponsors income on the federal income tax return meets or exceeds 125% of the poverty guideline.

-Based on the documents submitted, we could not determine that the joint sponsor, on form i-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, The Joint sponsor form i-864 must be properly completed and signed and the supporting documents must establish that the joint sponsors income meets 125% of the federal poverty guideline. ... The total income line on IRS form 1040 is used to determine qualifying income for a sponsor, not the Gross Receipts line from IRS Schedule C or C-EZ.

 

My joint sponsor provided me with a 1040-SR (which, I will add, had a black line through his SSN. That's how his accountant gave it to him, I think.). It's joint, but he filed his wife as a dependent and she has essentially no income of her own. He's not employed but makes good money through stocks, so it's not like he doesn't have enough money. We also provided clear screenshots of his Charles Schwab account, assuming that would support the 1040. Of course, the I-864 was filled out and signed, etc.

 

I'm 23 so I don't fully understand all this tax stuff! I'd really appreciate any help figuring out what we need to send now. Thank you!!

With the 1040SR which is the Tax form he also would have gotten a 1099 from his brokerage company. You need to include that.
Also a Tax Transcript would have all that information.

So tax return and 1099. Or Tax transcript.

[K1visaHopeful 2,814]

6 hours ago, aoishi said:

The Joint sponsor, submitted a joint federal income tax return for the most recent year. Since there is no supporting tax documentation: (W-2s, 1099s, form 2555 and tax schedules) provided for the joint sponsor, we are not able to determine if the joint sponsors income on the federal income tax return meets or exceeds 125% of the poverty guideline.

-Based on the documents submitted, we could not determine that the joint sponsor, on form i-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, The Joint sponsor form i-864 must be properly completed and signed and the supporting documents must establish that the joint sponsors income meets 125% of the federal poverty guideline.  enough money. 

 

[K1visaHopeful 2,814]

5 hours ago, ra0010 said:

And also, doesn't the spouse of the joint sponsor need to sign an i864a, even if she's listed as a dependant?

No.

Only IF you must use the spouse as a co-sponsor to supplement the Joint sponsor's income to meet the guidelines must you fill out an I864a.

If you don't need to use the spouse's income AND you can distinguish the joint sponsor's individual income from that of their spouse's using the joint sponsor's individual earnings statement(s) then you don't need an I864a.

If you need to use the income or can't distinguish the different imdividual incomes (sometimes you can't if it's a joint business etc) then youl need to use the spouse as a co-sponsor and provide an i864a.