i-130 i-485 Confused and needs help....

[JazziBelle 0]

I received notification today about my forms I-485 and I-130. According to the notices, the I-130 wasn't signed or filled out properly, which was signed and completed to the best of our knowledge...fine, we'll redo and submit it.

Now, this is where I am confused and could use some insights. My husband is the petitioner (USC, he works for NYS National Guard), he makes around 80k per year. He waited last minute this year and didn't get to file his taxes for last year (2020) so he only has his 1040 for the year 2019, which reports over 50k total income. And we didn't include the 1040 in the packet due to naming issues (I would believe that was a big mistake). I got RFE today saying "based on documents submitted, we could not determine that the petitioner xxxx, on form I-864...is qualified". Are we missing something here? Should we just send a copy of the form 1040 along with the notice and attach more payslips or do we need to get a joint sponsor (I don't think he needs one given he makes more than 125% of the federal government poverty guideline for a household size of 2 people. 

Also, I just received a job offer which I accepted...I start in January and the base pay is over 99K annually, it is a job I will be keeping after becoming a permanent resident...can I include this as "current income" to supplement my husband's? I would attach a copy of the offer letter.

Help please....thank you. 

[pushbrk 13,111]

34 minutes ago, JazziBelle said:

I received notification today about my forms I-485 and I-130. According to the notices, the I-130 wasn't signed or filled out properly, which was signed and completed to the best of our knowledge...fine, we'll redo and submit it.

Now, this is where I am confused and could use some insights. My husband is the petitioner (USC, he works for NYS National Guard), he makes around 80k per year. He waited last minute this year and didn't get to file his taxes for last year (2020) so he only has his 1040 for the year 2019, which reports over 50k total income. And we didn't include the 1040 in the packet due to naming issues (I would believe that was a big mistake). I got RFE today saying "based on documents submitted, we could not determine that the petitioner xxxx, on form I-864...is qualified". Are we missing something here? Should we just send a copy of the form 1040 along with the notice and attach more payslips or do we need to get a joint sponsor (I don't think he needs one given he makes more than 125% of the federal government poverty guideline for a household size of 2 people. 

Also, I just received a job offer which I accepted...I start in January and the base pay is over 99K annually, it is a job I will be keeping after becoming a permanent resident...can I include this as "current income" to supplement my husband's? I would attach a copy of the offer letter.

Help please....thank you. 

1.  This is an adjustment of status, not a visa case.

2.  Looks like you have a mess and we don't have enough details to really help.  

3.  You could submit an updated, properly completed affidavit of support, with a complete 2020 tax return.  Complete tax return is all schedules and forms plus any W2 forms.

 

This topic will get moved.  Please give the exact wording of the RFE excluding personal information.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status form Work, Student, & Tourist Visas forum.

[JazziBelle 0]

28 minutes ago, Ryan H said:

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status form Work, Student, & Tourist Visas forum.

 

[chancecody 125]

37 minutes ago, JazziBelle said:

 

Congrats on your new job! I assume you will have your EAD, correct?

 

All the information that they are asking for in the RFE is in the letter. However, if I were to guess, it is probably because he did not file a 2020 tax return. You mentioned that he only has the 2019? The instructions clearly said the most recent tax year so ask him to file 2020 with IRS asap. His income of $80K exceeds the minimum requirement.

 

Per I-864 instructions: “Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.”
 

[JazziBelle 0]

20 minutes ago, chancecody said:

Congrats on your new job! I assume you will have your EAD, correct?

 

All the information that they are asking for in the RFE is in the letter. However, if I were to guess, it is probably because he did not file a 2020 tax return. You mentioned that he only has the 2019? The instructions clearly said the most recent tax year so ask him to file 2020 with IRS asap. His income of $80K exceeds the minimum requirement.

 

Per I-864 instructions: “Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.”
 

Thank you so much. Yes, I have an EAD from OPT. 

I was thinking the same but I wasn't sure, i thought 2019 would suffice also, we didn't include his 1040 in the packet. I'll pass onhe information and ensure that he follows through with his filing of taxes for 2020. 

Thank you once more.

[Pinkrlion 2,724]

It is not just filing the tax form, it is about proving the income.  Did you submit copies of the W-2's that go with the tax year.  6 months of paycheck stubs are beneficial for proving income for the 2021 year.  Needs to file 2020 taxes and have W-2's ready for that tax year.  Also, you need to file 2021 on time.  

[Rocio0010 5,635]

17 hours ago, JazziBelle said:

According to the notices, the I-130 wasn't signed or filled out properly, which was signed and completed to the best of our knowledge...fine, we'll redo and submit it.

Sometimes these letters are just generic, meaning not everything applies to your case.

 

17 hours ago, JazziBelle said:

He waited last minute this year and didn't get to file his taxes for last year (2020)

He has to file his 2020 tax return.

 

16 hours ago, pushbrk said:

And we didn't include the 1040 in the packet due to naming issues (I would believe that was a big mistake).

But did you include the 2019 IRS tax return at least?

 

16 hours ago, pushbrk said:

Are we missing something here?

Well, yeah.. You're missing the 2020 tax return and (possibly) the 2019 one.

 

16 hours ago, pushbrk said:

Should we just send a copy of the form 1040 along with the notice and attach more payslips

1. File your taxes.

2. Download the IRS tax return transcripts from their webpage. It's free and it takes only 5 minutes.

3. Get 3-6 months of paystubs.

4. Get an employment verification letter that states his CURRENT income and prospects for advancement.

5. Make a copy of your package, with the ORIGINAL rfe letter on top.

6. Send the copy of the package and keep the original with you.

[JazziBelle 0]

21 minutes ago, ra0010 said:

Sometimes these letters are just generic, meaning not everything applies to your case.

 

He has to file his 2020 tax return.

 

But did you include the 2019 IRS tax return at least?

 

Well, yeah.. You're missing the 2020 tax return and (possibly) the 2019 one.

 

1. File your taxes.

2. Download the IRS tax return transcripts from their webpage. It's free and it takes only 5 minutes.

3. Get 3-6 months of paystubs.

4. Get an employment verification letter that states his CURRENT income and prospects for advancement.

5. Make a copy of your package, with the ORIGINAL rfe letter on top.

6. Send the copy of the package and keep the original with you.

We'll go through the form I-130 again and follow the instructions very well. 

 

And no, I didn't include 2019 tax documents, just W-2s...that was a big mistake. 

 

Thanks very much for your advice. I'll do as instructed and posted an update when I get one. Thanks again. I appreciate your time and insights. 

[JazziBelle 0]

53 minutes ago, Pinkrlion said:

It is not just filing the tax form, it is about proving the income.  Did you submit copies of the W-2's that go with the tax year.  6 months of paycheck stubs are beneficial for proving income for the 2021 year.  Needs to file 2020 taxes and have W-2's ready for that tax year.  Also, you need to file 2021 on time.  

Understood. From the responses I am getting, it's evident that I may not have included all the necessary information needed to prove his income. 

We'll do the 2020 taxes and put the other documents together and resubmit. 

Thanks very much. I appreciate your time and advice. 

Edited December 9, 2021 by JazziBelle

[Rocio0010 5,635]

10 minutes ago, JazziBelle said:

We'll go through the form I-130 again and follow the instructions very well. 

 

And no, I didn't include 2019 tax documents, just W-2s...that was a big mistake. 

 

Thanks very much for your advice. I'll do as instructed and posted an update when I get one. Thanks again. I appreciate your time and insights. 

You're welcome. Just one last thing, if your tax return for 2020 doesn't get processed by the time you respond to the RFE, what you need to do is to send all supporting documentation (1040 and other schedules)

[JazziBelle 0]

51 minutes ago, ra0010 said:

You're welcome. Just one last thing, if your tax return for 2020 doesn't get processed by the time you respond to the RFE, what you need to do is to send all supporting documentation (1040 and other schedules)

Noted. Thanks very much.