RFE from I-864 Affadavit of Support

[nharvey4151 6]

Hi, I'm the sponsor for my spouse. We are doing AOS after the K1. I need help in understanding what I need to add to satisfy the RFE that we received, I have attached the RFE to the post. We received it because they say they can't verify that I am a qualified sponsor or above the poverty limit, but I believe I am. I currently make $62,000 a year. I got this job in August and included a letter form my employer stating I was full time and making that salary. I included bank statements and pay stubs for the whole year. I also included my tax return from 2020. I believe that the complications come from the job being more recent and that I have no tax returns from 2018 of 2019 because I was living in Brazil, serving a church mission for two years. I also was not making the same salary before August of this year. I was interning with the company that hired me, and my pay was $17 an hour, but I was part time because I was still studying. I was hired by them when I graduated in August. I thought that my current income would be enough to not need a co-sponsor. 

Request for Evidence.pdf

[Rocio0010 5,580]

Hi! First of all, don’t be discouraged. This is a very common RFE and I myself got the exact same one. With $62,000 you should not need a sponsor, so let’s see.

9 minutes ago, nharvey4151 said:

my tax return from 2020

Did you download it straight from the IRS website? USCIS prefers to see the tax return transcript vs the whole tax return.

 

11 minutes ago, nharvey4151 said:

that I have no tax returns from 2018 of 2019 because I was living in Brazil, serving a church mission for two years. I

Bingo! US citizens are expected to report on world wide income, so you should have filed for 2018 and 2019. 
Your options are:

1) file 2018 and 2019 taxes. Then, download the tax returns from the IRS website for 2018, 2019 and 2020. Respond to the RFE with these three transcripts, plus the employment verification letter and paystubs.

2) get a joint sponsor. (You’d still be the main sponsor)

[nharvey4151 6]

2 minutes ago, ra0010 said:

Hi! First of all, don’t be discouraged. This is a very common RFE and I myself got the exact same one. With $62,000 you should not need a sponsor, so let’s see.

Did you download it straight from the IRS website? USCIS prefers to see the tax return transcript vs the whole tax return.

 

Bingo! US citizens are expected to report on world wide income, so you should have filed for 2018 and 2019. 
Your options are:

1) file 2018 and 2019 taxes. Then, download the tax returns from the IRS website for 2018, 2019 and 2020. Respond to the RFE with these three transcripts, plus the employment verification letter and paystubs.

2) get a joint sponsor. (You’d still be the main sponsor)

Thank you for responding so quickly! I didn't know that I could go back and file those taxes. That's good to know. I will go back and do that. I was young back then, and still am haha. So, I'm learning about all kinds of mistakes I've made... Ugh haha.

[JeanneAdil 6,586]

you file form 2555 for foreign income to exclude this 

($105,900 for 2019, $107,600 for 2020)

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

[nharvey4151 6]

24 minutes ago, ra0010 said:

Hi! First of all, don’t be discouraged. This is a very common RFE and I myself got the exact same one. With $62,000 you should not need a sponsor, so let’s see.

Did you download it straight from the IRS website? USCIS prefers to see the tax return transcript vs the whole tax return.

 

Bingo! US citizens are expected to report on world wide income, so you should have filed for 2018 and 2019. 
Your options are:

1) file 2018 and 2019 taxes. Then, download the tax returns from the IRS website for 2018, 2019 and 2020. Respond to the RFE with these three transcripts, plus the employment verification letter and paystubs.

2) get a joint sponsor. (You’d still be the main sponsor)

I was able to download my returns from 2020, 2019, and a verification for non-filing for 2018. Apparently I had filed for 2019 and sent the request for non-filing in 2018 and I just forgot. These tax returns, plus my employer letter, paystubs, and newly filled out I-864, should be enough to satisfy the RFI, correct? I also want to make it straight forward by not sending unnecessary documents?

Edited December 28, 2021 by nharvey4151

[Rocio0010 5,580]

5 minutes ago, nharvey4151 said:

I was able to download my returns from 2020, 2019, and a verification for non-filing for 2018. Apparently I had filed for 2019 and sent the request for non-filing in 2018 and I just forgot. These tax returns, plus my employer letter, paystubs, and newly filled out I-864, should be enough to satisfy the RFI, correct? I also want to make it straight forward by not sending unnecessary documents?

They should be. Also, make sure you make a cover letter explaining what you’re sending. Include the original RFE letter they sent you on top. Lastly, make a copy of your package before mailing it for your own records! Good luck!

[K1visaHopeful 2,858]

2 hours ago, ra0010 said:

 

Bingo! US citizens are expected to report on world wide income, so you should have filed for 2018 and 2019. 
Your options are:

1) file 2018 and 2019 taxes. Then, download the tax returns from the IRS website for 2018, 2019 and 2020. Respond to the RFE with these three transcripts, plus the employment verification letter and paystubs.

2) get a joint sponsor. (You’d still be the main sponsor)

It's 1 and 2. 2 is not an option without 1.

An original sponsor must file taxes if legally required to.

They cannot use a joint sponsor if they don't qualify to be the original sponsor.

[K1visaHopeful 2,858]

1 hour ago, nharvey4151 said:

I was able to download my returns from 2020, 2019, and a verification for non-filing for 2018. Apparently I had filed for 2019 and sent the request for non-filing in 2018 and I just forgot. These tax returns, plus my employer letter, paystubs, and newly filled out I-864, should be enough to satisfy the RFI, correct? I also want to make it straight forward by not sending unnecessary documents?

They don't expect the proof of not being legally required to file but they do expect a written statement explaining why you didn't file for any of the three most current tax years.

[Rocio0010 5,580]

8 minutes ago, K1visaHopeful said:

It's 1 and 2. 2 is not an option without 1.

An original sponsor must file taxes if legally required to.

They cannot use a joint sponsor if they don't qualify to be the original sponsor.

I stand corrected.

[carmel34 3,647]

17 hours ago, nharvey4151 said:

I also was not making the same salary before August of this year.

If you just got the RFE, how long had you been working at your current job when you submitted the I-864?  Most likely only two or three months.  Even though your current annual income is well over the poverty threshold, sometimes they decide, based on the totality of the circumstances, that the past history is not strong enough.  This is a judgment call, it is up to the discretion of the officer reviewing your case.  I suggest a joint sponsor in addition to sending the past tax returns in response to the RFE, because the prior years' tax returns you submit will not show a solid history of sufficient earnings.  Good luck!

[nharvey4151 6]

2 hours ago, carmel34 said:

If you just got the RFE, how long had you been working at your current job when you submitted the I-864?  Most likely only two or three months.  Even though your current annual income is well over the poverty threshold, sometimes they decide, based on the totality of the circumstances, that the past history is not strong enough.  This is a judgment call, it is up to the discretion of the officer reviewing your case.  I suggest a joint sponsor in addition to sending the past tax returns in response to the RFE, because the prior years' tax returns you submit will not show a solid history of sufficient earnings.  Good luck!

Hmmmm... I had thought of that as well. Seems asinine that I'm not allowed to obtain better employment and be the sponsor. Especially since I was a student working part time before, but I guess this is to be expected from USCIS. If I were to not include a joint sponsor, could they outright deny me, with no more RFE's or anything, even though I am well above the threshhold. Could submitting the RFE with updated Paystubs be enough, as my history at my job is now longer, albeit, not that much longer? Thanks!

Edited December 29, 2021 by nharvey4151

[Rocio0010 5,580]

1 hour ago, nharvey4151 said:

Could submitting the RFE with updated Paystubs be enough, as my history at my job is now longer, albeit, not that much longer? Thanks!

You’re at the officer’s mercy. Get a joint sponsor to avoid denials.