K-1 AOS, I-864 Initial RFE

[Simon&Summer 0]

Hey all, I just received an RFE for initial evidence pertaining to the I-864 joint sponsor, and had a few questions as the wording on the letter is fairly alarming stating that they will make a decision on the case based on what I send them this time.

 

1. My wife does not qualify as a sponsor, so we submitted a joint sponsorship form to meet the requirement. The joint sponsor *does* meet the 125% requirement for their household size, however I also submitted an I-864A from his wife aswell as they file their taxes together. Was this unnecessary as the joint sponsor meets the requirement by themself, or was the I-864A required if they are married and file taxes together?

 

2. The RFE asks to submit *all* supporting tax documentation (W-2's, 1099's, Form 2555 and schedules), but earlier in the letter it says "If they submit a transcript, it must be a "Tax Return Transcript" from the IRS". Is it expected that I send both Transcripts *and* all tax documents? Or do Transcripts cover all of this and I should only send these? (This is the most confusing part of the process for me)

 

3. The RFE requests evidence for the most recent tax year. As I am writing this post on the 1st of January, does this mean I need to wait for the joint sponsor to file their 2021 tax returns and send these transcripts or are they requesting 2020's? I received this RFE on the 23rd December 2021. I'd like to play it safe and wait for 2021's, but I also want to send their transcripts for 2019, 2020 and 2021 to be on the safe side. Is this the best option?

 

4. As the joint sponsor files jointly with their spouse, how do I determine the joint sponsors sole income if the returns reflect the income of both of them? The RFE states the "Total Income" line on IRS Form 1040 is used to determine qualifying income, so do I just request this from the joint sponsor and use that? (I'm from the UK so US taxes are a confusing and daunting subject for me).

 

5. It states to submit evidence of the joint sponsor's status. Is this an indication that I need to resubmit *everything* pertaining to the I-864 again? As I *did* send the joint sponsor and household member's logn form US birth certificates, are they simply requesting them again in this new submission? Or was this not sufficient evidence?

 

6. Is there anything I'm missing that needs attention in this RFE? It is a mouthful to say the least and I want to be thorough, so please, if there is anything glaring I have missed I'd appreciate a nudge in the right direction..

 

Reading back, this is a wall of text.. Sorry in advance, but any information that will help me file the correct information for an approval would be deeply appreciated.

I've attached the 3 pages of the RFE.

 

Thank you and Happy New Year!

[Rocio0010 5,579]

29 minutes ago, Simon&Summer said:

or was the I-864A required if they are married and file taxes together?

Not required. It is optional, but it doesn't hurt either.

From the i-864 instructions (page 8 ) :

Item Numbers 8. - 22. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.

 

30 minutes ago, Simon&Summer said:

Is it expected that I send both Transcripts *and* all tax documents? Or do Transcripts cover all of this and I should only send these? (This is the most confusing part of the process for me)

If you send the IRS tax return transcripts, no, you shouldn't send all the tax documents if you're using the sponsor and the wife's income. However, if you're using only HIS income, then you'd have to provide the IRS tax return transcript AND his w2s and paystubs. 

 

From the instructions on page 8:

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

 

 

 

31 minutes ago, Simon&Summer said:

I'd like to play it safe and wait for 2021's

Do you know when they're going to file? You have a deadline to respond to this RFE.

 

32 minutes ago, Simon&Summer said:

Is this the best option?

No. Send them what they request. Nothing more, nothing less.

 

32 minutes ago, Simon&Summer said:

Is this an indication that I need to resubmit *everything* pertaining to the I-864 again?

I mean, you do need to send a new i-864 and the supporting documents, right?

 

 

35 minutes ago, Simon&Summer said:

The RFE states the "Total Income" line on IRS Form 1040 is used to determine qualifying income, so do I just request this from the joint sponsor and use that?

Whatever the sponsor makes each week x52. Also, if they're not going to be using the wife's income, then in your case you'd include w2s and paystubs, so that they see why the mismatch between the income and the tax return. Re- read the instructions above.

33 minutes ago, Simon&Summer said:

Or was this not sufficient evidence?

No. These letters are generic. You might have sent it, but they don't tailor the letter based on what you've sent.

[SalishSea 17,828]

@pushbrk

[JeanneAdil 6,498]

(W-2's, 1099's, Form 2555 and schedules

 

This part is what jumps out to me

form 2555 is the form for foreign income to be excluded for paying taxes in US

and we don't usually see NVC asks for this

 

Are u including a portion of joint sponsor income as foreign made?

the following is for the sponsor' s income but is also true for a joint sponsor

 

, you cannot count the foreign income towards the requirement unless you can demonstrate that you will have the same earnings when you move to the U.S. or have another job that meets the financial requirements.J

Edited January 1, 2022 by JeanneAdil

[pushbrk 12,882]

It's very difficult to know for certain what was left out unless I know what was submitted and can see a scan of the forms themselves.  Do NOT attach those here.

 

Two things jump out at me generally.  Sounds like there was no evidence submitted about the joint sponsor's spouse's Citizenship or Resident Status.  It appears there were also errors in the completion of the joint sponsor's forms, such as using the wrong number from the tax return or tax return transcript.  Something was also incomplete as to the supporting tax and/or current income documentation.  

 

So, what was sent to document the spouse's status?

Which number from which tax document was entered in the tax section of the affidavit.  Not the number but the "name" of the number.

How was the "current income" determined?  That number comes from a tax return, ONLY if the sponsor is self employed.

 

Previous responders have given some good answers but some of those answers are either generic or based on assumptions.  You need instead to work out the answers specific to YOUR case and the joint sponsor's specific circumstances and/or mistakes that have been made.

[K1visaHopeful 2,814]

Sounds like the JS filled out their I864 wrong.

Specifically Part 6 Qu7 as that would be their individual income from their W2 (yes you needed to submit that to prove their individual income).

If you are including the spouse then they go in Part 6 Qu 8, 9, 10 and they fill out their own I864a.

 

If you don't need to include the spouse, then don't but ensure you establish proof of the JS's indivial income with the W2.

 

Not to mention as you haven't mentioned I don't think, you still submitted your own I864 and supporting documents as the original sponsor right?

You can't use a JS without submitting your own....

 

 

 

 

 

 

Edited January 1, 2022 by K1visaHopeful