K1 AOS - I-864 RFE initial evidence. Advice please

[CaLi90 56]

Hi there, I submitted my i-485 to adjust status after I got married on the K1, I quickly received an NOA1 and my biometrics appointment is scheduled. Then I received another notice on my account stating that my spouse (sponsor) to my petition does not meet income requirements, when that is not true. Last year, income was over $54,000 for a household of 4 (including me) and the i-864 was completely filled out with this information and we included tax return 1040, all w2's which add up to the amount, pay stubs which show the current job earnings, which is more than $70k per year, current employment letter, all signed and recently dated. 

 

My spouse (US citizen had a few jobs in 2020, because she was a substitute teacher when covid hit, she had to claim unemployment insurance for around 8 weeks and then got rehired over summer, and then a permanent teaching job from August 2020 to present, which started at $67k. She is currently still at her job, and her pay stubs show her making enough, along with all the documents listed above. Could somebody provide help if received a similar notice.

 

This is the letter detailing the initial evidence RFE:-

 

Why We Are Writing You
On December 14, 2021, you submitted your Form I-485. We are writing to inform you that we need more information
from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.
What You Need To Do
You must provide the following information in order for us to make a final decision on your case. Please include a
copy of ALL pages of this letter with your response.
Based on the documents submitted, we could not determine that the petitioning sponsor, (blank) on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning
sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that
the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household
size. See Form I-864P for information on the Federal Poverty Guidelines.
If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for their
household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or
submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a different
joint sponsor, you will need to:
Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must
be present and of the latest edition date.
Provide the joint sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size on Form I-864.
Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
Submit evidence of the joint sponsor's status as a United States citizen, United States National, or
Lawful Permanent Resident.
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.
If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify
based on the cash value of their significant assets. Assets must equal the stated difference between the
sponsor’s income and 125 percent of the federal poverty guideline for the sponsor’s household size.
Assets must equal the difference for applicants filing as orphans.
Assets must equal three times the difference for a spouse or child of a United States citizen.
Assets must equal five times the difference for all others.
Acceptable evidence of assets:
Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a
statement from an officer of the bank or other financial institution in which the sponsor has deposits, the
account balance averaged over a 12 month period, and current balance;
Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit;
Evidence of ownership, value/equity, and dates acquired of other personal property;
Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien
release of any real estate, and dates acquired.
For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See
Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.
You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor (blank)

 

--------

 

We are unable to process the I-864 because it has one or more deficiencies. In order for us to process
your application further, you must:
Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All
pages must be present and of the latest edition date.
Provide the petitioning sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864.
Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting
tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax
year.
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-864.
For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See
Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.

 

I'd appreciate all advice as we have submitted 1040, pay stubs, all w2's, employment letters.

 

Thank you in advance.

[Crazy Cat 41,982]

It sounds like the I-864 was incorrectly filled out.  

[CaLi90 56]

6 minutes ago, Crazy Cat said:

It sounds like the I-864 was incorrectly filled out.  

Ok thank you for your response, I will go back over that. There were two bullet points, the second one about the form. But the first states the sponsor doesn't meet requirements, even though she's currently on over 70k with employment letter and 6 months of pay stubs to show that. And last year's taxes were 54k with all supporting documents submitted, so I'm a little confused on that part too.

[Wuozopo 4,293]

3 minutes ago, CaLi90 said:

Ok thank you for your response, I will go back over that. There were two bullet points, the second one about the form. But the first states the sponsor doesn't meet requirements, even though she's currently on over 70k with employment letter and 6 months of pay stubs to show that. And last year's taxes were 54k with all supporting documents submitted, so I'm a little confused on that part too.

They always say not qualified if something is wrong with the form. They don’t even look at the evidence if the form is wrong. Check your part 5 Household Size. 

1) 1 the immigrant 

2) 1 the sponsor wife

3) blank

4) 2 her kids?

5-7) blank

8 ) 4

 

 

[CaLi90 56]

Just now, Wuozopo said:

They always say not qualified if something is wrong with the form. They don’t even look at the evidence if the form is wrong. Check your part 5 Household Size. 

1) 1 the immigrant 

2) 1 the sponsor wife

3) blank

4) 2 her kids?

5-7) blank

8 ) 4

 

 

Thank you for your quick response. Oh I see, so on that part just submit same information for salary. 

 

As for the form i-864, yes that's how I filled it out on the household size, and it came to 4.

 

I'll go back over the entire form and check everything, I appreciate your reply, wanted a little advice as I don't want to get it wrong.

 

Thank you again.

[Wuozopo 4,293]

3 minutes ago, CaLi90 said:

Thank you for your quick response. Oh I see, so on that part just submit same information for salary. 

 

As for the form i-864, yes that's how I filled it out on the household size, and it came to 4.

 

I'll go back over the entire form and check everything, I appreciate your reply, wanted a little advice as I don't want to get it wrong.

 

Thank you again.

You’ve thrown out a lot of numbers. What amount did she enter in Part 6, #7
My current annual income is ______

[CaLi90 56]

11 minutes ago, Wuozopo said:

You’ve thrown out a lot of numbers. What amount did she enter in Part 6, #7
My current annual income is ______

70k. That is the current salary she is on, so that is the information we entered on that line.

 

In terms of what she made for taxes 2020 it was 54k, as she had a couple jobs before getting this one mid year in 2020.

 

When we file the 2021 tax info next month, it will match the 70k. So is it worth waiting for that? 

[Wuozopo 4,293]

6 minutes ago, CaLi90 said:

70k. That is the current salary she is on, so that is the information we entered on that line.

 

In terms of what she made for taxes 2020 it was 54k, as she had a couple jobs before getting this one mid year in 2020.

 

When we file the 2021 tax info next month, it will match the 70k. So is it worth waiting for that? 

As long as you provided an employer letter stating equal or more than your entry on the form, it should be fine. You could also just redo and use the amount shown on the 2020 tax return Line 9 TOTAL INCOME.

I know this is puzzling to you because it sounds like you have a good grasp of what has to be included. 

Also you mention you sent the “1040”. That is just one form in a tax return. Just checking that you did send all the Forms and Schedules that are part of the tax return+all supporting income statements. If she could download a tax return transcript, that would be a better option so you know you have covered everything…proper tax documents  and no need for W2s.

[CaLi90 56]

10 minutes ago, Wuozopo said:

As long as you provided an employer letter stating equal or more than your entry on the form, it should be fine. You could also just redo and use the amount shown on the 2020 tax return Line 9 TOTAL INCOME.

I know this is puzzling to you because it sounds like you have a good grasp of what has to be included. 

Also you mention you sent the “1040”. That is just one form in a tax return. Just checking that you did send all the Forms and Schedules that are part of the tax return+all supporting income statements. If she could download a tax return transcript, that would be a better option so you know you have covered everything…proper tax documents  and no need for W2s.

Employment letter stating the 70k was included, stating date started, it being permanent, the role, recently signed and dated. 

 

Yes I think that's why I'm confused. And I will look at those options, thank you.

 

That's right 1040 was included along with the rest of the tax return - over ten pages. I did not submit state tax part, as I didn't think I had to.

 

Ok thank you for the great advice, we will look into the tax transcripts. When we submit the form i-864, I'm assuming I should attach all previous evidence, except if I get the transcripts then I'll leave out w2's, but should still include pay stubs. The employer letter is dated end of November, should I resend that or get another updated one to re-submit with current date?

 

I will of course go back over the i-864 form and double check that also.

 

Thank you again.

[Wuozopo 4,293]

1 hour ago, CaLi90 said:

Ok thank you for the great advice, we will look into the tax transcripts. When we submit the form i-864, I'm assuming I should attach all previous evidence, except if I get the transcripts then I'll leave out w2's, but should still include pay stubs. The employer letter is dated end of November, should I resend that or get another updated one to re-submit with current date?

 

I will of course go back over the i-864 form and double check that also.

Go back over the instruction for Form I-864. Starting on Page 8 with Federal Income Tax Information should do. Note thee instructions say no state returns. https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf 

 

Tax Return Transcripts are stand-alone documents that replace  a print out of the return and W2s.

https://www.irs.gov/individuals/get-transcript

 

 

 

 

 

[Loren Y 2,756]

If possible sending tax forms always generates problems because of the amount of paperwork required with full tax returns and all the schedules and accompanying paperwork. If you can download the Tax transcripts from the tax years, USCIS prefers transcripts over returns for the ease of reading them. Helps you out too as you don't have to send as much. But it sounds like you covered it all, seems like it could just be the form wasn't signed or something simple.

[Rocio0010 5,580]

Let me get this clear: did you send the complete tax return or the tax return transcript (downloaded from the IRS website)?

[Wuozopo 4,293]

11 minutes ago, ra0010 said:

Let me get this clear: did you send the complete tax return or the tax return transcript (downloaded from the IRS website)?

She did not send the transcripts. See first post

 

13 hours ago, CaLi90 said:

and we included tax return 1040, all w2's which add up to the amount, pay stubs which show the current job earnings, which is more than $70k per year, current employment letter, all signed and recently dated. 

 

[CaLi90 56]

On 12/30/2021 at 9:27 PM, Loren Y said:

If possible sending tax forms always generates problems because of the amount of paperwork required with full tax returns and all the schedules and accompanying paperwork. If you can download the Tax transcripts from the tax years, USCIS prefers transcripts over returns for the ease of reading them. Helps you out too as you don't have to send as much. But it sounds like you covered it all, seems like it could just be the form wasn't signed or something simple.

Thanks for your reply. The form was signed, but maybe I missed something, I will go through the PDF I filled out and triple check. Yesterday we signed up for online access to download the tax transcripts. I see there were four different types I could download, it's the return tax transcript that looks like a long itemized receipt, is that correct?

 

Thanks again 👍🏻

[CaLi90 56]

On 12/30/2021 at 10:01 PM, Wuozopo said:

She did not send the transcripts. See first post

 

 

Thank you, yes that's right.

On 12/30/2021 at 9:48 PM, ra0010 said:

Let me get this clear: did you send the complete tax return or the tax return transcript (downloaded from the IRS website)?

Yes the full return with documents.