RFE for i864 AOS from K1

[Alytes 31]

I know I submitted all of this already, but as others have noted things get lost and I have to believe that happened here.  All other documents were uploaded when USCIS received them (i485, i131, i765) but the i864 and its supporting documents wasn't.  Now that I am answering an RFE I want to be double sure I am submitting what they ask for.  This is what the RFE says, my questions are below it::

 

 

Bullet 1. I submitted the i864 edition 03/10/21.  The USCIS website says we should still use this version until they update it, as they haven't done it yet.  Should I upload the one we submitted or sign and date it with the current date?

Bullet 3.  I calculated household size as 2 based on instructions and what I read on Visa Journey - one for me, the US citizen/petitioning sponsor, and one for my husband the K1 AOS Principal Immigrant.  There are no children.  I entered 1 for my immigrant husband in Part 5 Question 1 as the "Person you are sponsoring in this affidavit" and 1 for myself under Part 5 Question 2  "Persons NOT sponsored in this affidavit" for a total Household Size of 2.  I entered 0 for Part 5 Question 3 "If you are currently married, enter 1 for your spouse" since he was already counted.  Please confirm this is correct?

Bullet 4.  I submitted a 2020 IRS transcript with W2. My taxes are simple so no 1099s, Form 2555, or tax schedules, though I think these would be included in the tax transcript.  So, can I send the transcript for 2020 or are they asking for something else?

 

As always, the process is stressful.  I appreciate the help!  Thanks:)

[K1visaHopeful 2,814]

What did you input in Part 6 Qu 7?

The income listed on your W2?

Or your gross total income on your transcript?

 

Did you file taxes as Married filing jointly (unlikely)?

[Alytes 31]

16 minutes ago, K1visaHopeful said:

What did you input in Part 6 Qu 7?

The income listed on your W2?

Or your gross total income on your transcript?

 

Did you file taxes as Married filing jointly (unlikely)?

This is an interesting question.  It looks like I used my annual work salary as stated in my work verification letter to answer Part 6, Q7.  If I remember correctly (I filled these forms out months ago) my interpretation was what my current salary would be, which is always less than what I get because I get overtime.  But since overtime isn't guaranteed, I think I used my work's stated salary because that is a baseline guarantee.  P6Q7 answer is different than the W2 and transcript incomes, and lines up with my pay statement salary.  So if I redo the form, which should I be using? Obviously not what I used:)

 

We got married in 2021, so we haven't filed taxes together yet.  2020 taxes are for me alone, filing as single.

[K1visaHopeful 2,814]

5 minutes ago, Alytes said:

This is an interesting question.  It looks like I used my annual work salary as stated in my work verification letter to answer Part 6, Q7.  If I remember correctly (I filled these forms out months ago) my interpretation was what my current salary would be, which is always less than what I get because I get overtime.  But since overtime isn't guaranteed, I think I used my work's stated salary because that is a baseline guarantee.  P6Q7 answer is different than the W2 and transcript incomes, and lines up with my pay statement salary.  So if I redo the form, which should I be using? Obviously not what I used:)

Your choice: current income or tax reported income.

HOWEVER if your current income was new (you haven't worked there for 6 months) that could be a reason why it wasn't accepted.

Did you provide 6 months of current paystubs to back up the projected amount on the EVL (which was what you should have input in Qu 7 as that's what your employer says you'll make if using current income and not an extrapolated calculation).

 

Quote

 

We got married in 2021, so we haven't filed taxes together yet.  2020 taxes are for me alone, filing as single.

Then you didnt need to provide a W2.

That could be why they sent everything back too.

Edited December 21, 2021 by K1visaHopeful

[arken 4,197]

Don't worry, just provide what they are actually asking for and it will all be good. No need to overthink, it's generic RFE they are sending out lately.

[Alytes 31]

5 hours ago, arken said:

Don't worry, just provide what they are actually asking for and it will all be good. No need to overthink, it's generic RFE they are sending out lately.

Does this mean you can't actually answer my questions - lol?  I'm not worried, but I am trying to make sure I do send them what they are asking for.  Especially sine in my opinion, I already sent them everything on their list.  Either I did something wrong, or they lost that part of the package.  Since I can't know which one is true, I am trying to get some confirmation that I should just resend exactly what I sent the first time.

 

I'm still hoping someone can answer my questions...thanks!

[Alytes 31]

6 hours ago, K1visaHopeful said:

Your choice: current income or tax reported income.

HOWEVER if your current income was new (you haven't worked there for 6 months) that could be a reason why it wasn't accepted.

Did you provide 6 months of current paystubs to back up the projected amount on the EVL (which was what you should have input in Qu 7 as that's what your employer says you'll make if using current income and not an extrapolated calculation).

 

Then you didnt need to provide a W2.

That could be why they sent everything back too.

You say I don't need to send the W2, but in their RFE they ask for the complete income tax return (still want to know if this means the IRS transcript) and all supporting docs including a W2.  I'm confused.

 

Also, I didn't provide 6 months paystubs.  I provided three years tax transcripts and a work verification letter stating I'm in good standing and employed with the company for 17 years.

 

I'm not too concerned with what I did wrong the first time or why they sent it back.  i want to know what I should send correctly this time, based on their RFE.  Any thoughts on that?  Especially whether the IRS transcripts will satisfy the "Petitioning Sponsors Federal Income Tax Return" request?  Thanks!

[K1visaHopeful 2,814]

4 hours ago, Alytes said:

You say I don't need to send the W2, but in their RFE they ask for the complete income tax return (still want to know if this means the IRS transcript No it does not mean transcript) and all supporting docs including a W2.  I'm confused. Because you are confusing a transcript and a complete tax return copy. A complete tax return copy is ALL pages of the federal return PLUS all schedules PLUS all earinngs statements (W2s or 1099 series) while a transcript is the receipt of filing downloaded or mailed to you from the IRS and you are not to include earnings statements UNLESS you filed MFJ or are self employed.

 

Also, I didn't provide 6 months paystubs.  I provided three years tax transcripts and a work verification letter stating I'm in good standing and employed with the company for 17 years.

Did your EVL match the format outline listed on the I134 form's website page?

Did it actually state what you'll earn in 2021? And is that what you put in

 part 6 Qu 7 (the amount from that letter)? Or did they use their own format which could be why it was all sent back too.

I'm not too concerned with what I did wrong the first time or why they sent it back.  YOU SHOULD BE BECAUSE THAT IS EXACTLY HOW YOULL FIGURE OUT WHAT YIU NEED TO SEND NOW!!! i want to know what I should send correctly this time, based on their RFE.  Any thoughts on that? I cannot help you with that because in there could be many things wrong with what you sent them. I have given you many ideas. That will be up to you to distinguish Especially whether the IRS transcripts will satisfy the "Petitioning Sponsors Federal Income Tax Return" request?  Thanks!

When one gets an RFE such as this (and it is VERY common/I have tried to help a couple hundred times myself on VJ with same RFE) it's due to so many things being wrong and they have given up trying to figure out what you are trying to tell them on the form and show them with your documents. When the answers on the form don't match the financial supporting documents or the financial supporting documents are in the incorrect format or you have simply given them useless documents that have nothing to do with what you are trying to prove, they send it all back.

 

You'll have to pull out all your forms, documents and the instructions and with a fine tooth comb, go through how to fill it out according to your financial situation and figure out the minimum documents you need to provide and only provide those.

 

It will help to search for other posts with this same topic too.

 

 

[beloved_dingo 1,976]

Tax transcripts from the IRS are preferred, and if you use those you do NOT need to send any schedules (W2s, 1099s, etc). If you send your tax returns (1040) then you DO need to send all schedules. Personally, I have used the IRS transcripts throughout every step of the immigration process because it's less paper and less likely to cause issues. 

Edited December 21, 2021 by beloved_dingo

[Rocio0010 5,579]

15 hours ago, Alytes said:

Should I upload the one we submitted or sign and date it with the current date?

Sign and date with current date. Always. 

15 hours ago, Alytes said:

I calculated household size as 2 based on instructions and what I read on Visa Journey - one for me, the US citizen/petitioning sponsor, and one for my husband the K1 AOS Principal Immigrant.  There are no children.  I entered 1 for my immigrant husband in Part 5 Question 1 as the "Person you are sponsoring in this affidavit" and 1 for myself under Part 5 Question 2  "Persons NOT sponsored in this affidavit" for a total Household Size of 2.  I entered 0 for Part 5 Question 3 "If you are currently married, enter 1 for your spouse" since he was already counted.  Please confirm this is correct?

Yep.

15 hours ago, Alytes said:

I submitted a 2020 IRS transcript with W2

Bam! This might be part of it. If you submit an IRS transcript, as per the instructions, you DO NOT need to submit any w2s or any other of the supporting documentation/ schedules in your tax return.

 

8 hours ago, Alytes said:

still want to know if this means the IRS transcript) and all supporting docs including a W2.  I'm confused.

 

No. Read my reply above.

 

8 hours ago, Alytes said:

Also, I didn't provide 6 months paystubs.

Time to include them now!

 

 

8 hours ago, Alytes said:

work verification letter stating I'm in good standing and employed with the company for 17 years.

Re send it with an updated date and signature.

8 hours ago, Alytes said:

I'm not too concerned with what I did wrong the first time or why they sent it back.  i want to know what I should send correctly this time, based on their RFE.  Any thoughts on that

Well, I'm sorry but that's the wrong mindset. If you get a RFE, you SHOULD be concerned with the WHY they sent it back. Otherwise, how are you going to know what you have to send this time?

 

The RFE you got is a generic one. I got the exact same one two years ago. It doesn't mean all of the forms are wrong, but there's definitely something to fix. The steps I outlined above are exactly how I dealt with mine, and I was successful. You can also look at my post history for more help. Good luck, and let me know if I can be of any more help!

[Alytes 31]

8 hours ago, K1visaHopeful said:

When one gets an RFE such as this (and it is VERY common/I have tried to help a couple hundred times myself on VJ with same RFE) it's due to so many things being wrong and they have given up trying to figure out what you are trying to tell them on the form and show them with your documents. When the answers on the form don't match the financial supporting documents or the financial supporting documents are in the incorrect format or you have simply given them useless documents that have nothing to do with what you are trying to prove, they send it all back.

 

You'll have to pull out all your forms, documents and the instructions and with a fine tooth comb, go through how to fill it out according to your financial situation and figure out the minimum documents you need to provide and only provide those.

 

It will help to search for other posts with this same topic too.

 

 

Thanks, this is the level of detail I was hoping for.  I shouldn't have said I wasn't concerned with what I did wrong.  What I meant is that I was hoping the questions I was asking would help rectify any mistakes I made, because those were the items I thought I might have screwed up.  I was looking at the RFE and thinking if I just give them what they ask for it will all be good.  Based on your detailed answers and a few others I understand I should do a little more work.  And I was confused about whether the transcript would suffice even though it says tax return in the RFE.  I've seen so many say transcript is fine (though I now know it would have been fine if I hadn't included the W2).  Someone in this thread also said a transcript would be fine.  I'll go with the full return and W2 since that is what the RFE says.

P6Q7 matched the amount stated on my EVL and the EVL was in the correct format.

I have gone over the i864 form I sent and can't find anything wrong with it, so I think it had to be the additional info I sent that mucked things up.  I was concerned with how I answered the household size question, since they call that out specifically in the RFE, but understand now that this is a generic RFE and not something they tailored to my submission.  

Thanks again!

[Alytes 31]

5 hours ago, ra0010 said:

Sign and date with current date. Always. 

Yep.

Bam! This might be part of it. If you submit an IRS transcript, as per the instructions, you DO NOT need to submit any w2s or any other of the supporting documentation/ schedules in your tax return.

 

No. Read my reply above.

 

Time to include them now!

 

 

Re send it with an updated date and signature.

Well, I'm sorry but that's the wrong mindset. If you get a RFE, you SHOULD be concerned with the WHY they sent it back. Otherwise, how are you going to know what you have to send this time?

 

The RFE you got is a generic one. I got the exact same one two years ago. It doesn't mean all of the forms are wrong, but there's definitely something to fix. The steps I outlined above are exactly how I dealt with mine, and I was successful. You can also look at my post history for more help. Good luck, and let me know if I can be of any more help!

This right here is beautiful:)  Thanks for answering my questions.  Also, I shouldn't have said I wasn't concerned with what I did wrong.  What I meant is that I was hoping the questions I was asking would help rectify any mistakes I made, because those were the items I thought I might have screwed up after reviewing what I had sent in.  I was looking at the RFE and thinking if I just give them what they ask for it will all be good.  I was also thinking the RFE had been tailored to me based on what they thought was missing.  It helps a lot to know this is a generic RFE and I should resubmit a current package and not just try to fill in the gaps I thought they were telling me they found.  Thanks so much!

[Rocio0010 5,579]

16 minutes ago, Alytes said:

This right here is beautiful:)  Thanks for answering my questions.  Also, I shouldn't have said I wasn't concerned with what I did wrong.  What I meant is that I was hoping the questions I was asking would help rectify any mistakes I made, because those were the items I thought I might have screwed up after reviewing what I had sent in.  I was looking at the RFE and thinking if I just give them what they ask for it will all be good.  I was also thinking the RFE had been tailored to me based on what they thought was missing.  It helps a lot to know this is a generic RFE and I should resubmit a current package and not just try to fill in the gaps I thought they were telling me they found.  Thanks so much!

You’re welcome. I’ll try and see if I can find my post of when I got that RFE -maybe you find some other answers in there too.

[Rocio0010 5,579]

19 minutes ago, Alytes said:

This right here is beautiful:)  Thanks for answering my questions.  Also, I shouldn't have said I wasn't concerned with what I did wrong.  What I meant is that I was hoping the questions I was asking would help rectify any mistakes I made, because those were the items I thought I might have screwed up after reviewing what I had sent in.  I was looking at the RFE and thinking if I just give them what they ask for it will all be good.  I was also thinking the RFE had been tailored to me based on what they thought was missing.  It helps a lot to know this is a generic RFE and I should resubmit a current package and not just try to fill in the gaps I thought they were telling me they found.  Thanks so much!

I found my post! Bear in mind, though, that my RFE also asked for my birth certificate (which of course I had sent, but whatever…) I just thought it might help you if you read through the replies I got. Also, there’s a post right there where I also described how I organized my response. Hope it helps and feel free to reach me! 
 

[Rocio0010 5,579]