Not sure about what is missing for USCIS to be able to determine if my husband qualifies or not.

[Adamaris 21]

Hi guys. We sent my AOS of status on December 21st and today I got a RFE, they say they couldn’t determine if my husband qualifies as an sponsor. Last tax recent year (2020)  my husband made 27,149 wich is a little below the 125%, now he makes 52,000. He stated this year working in a company that he left in June then started working subcontracted for 6 months and in December they contracted my husband directly, it’s physically the same company but he is not on the payroll directly. So my husband now has only like 2 weeks working with this company directly, we sent 6 last paystubs of the subcontractors and the offer letter of the main company, he only has 2 weeks working directly with this company,and not time to fill taxes again. What ca we do in this case? We know he make enough and we don’t have someone for joint sponsor as USCIS suggest if it’s needed we just need to prove he makes enough is my guessing but we don’t know where to start or how to do it. Attached the RFE letter.

 

 

 

 

 

 

Edited January 3, 2022 by Adamaris
Cover private info

[Mike E 11,739]

@Adamaris what number did you use for current income in the I-864?

 

Did he file a 2020 tax return?

Edited January 3, 2022 by Mike E

[Adamaris 21]

4 minutes ago, Mike E said:

@Adamaris what number did you use for current income in the I-864?

The amount he is making now 52,000 and yes he filled a 2020 tax return, those documents was what we sent for most recent tax year. 

Edited January 3, 2022 by Adamaris

[powerpuff 6,705]

~ Moved from AOS K1/K3 Progress Reports to Process ~

[Mike E 11,739]

Just now, Adamaris said:

The amount he is making now 52,000

So the RFE deadline is March.  I would get as many pay stubs as possible between now and 10 days before the deadline and fill out a new  I-864 based on his current income. Then send the new I-864 and supporting evidence and whatever else the RFE requires by usps priority mail.  

 

Did he file a tax return for tax year 2020?

[Adamaris 21]

1 minute ago, Mike E said:

So the RFE deadline is March.  I would get as many pay stubs as possible between now and 10 days before the deadline and fill out a new  I-864 based on his current income. Then send the new I-864 and supporting evidence and whatever else the RFE requires by usps priority mail.  

 

Did he file a tax return for tax year 2020?

Yeah he did, those were the documents we sent as the “most recent tax year” the transcripts and 1040 and W2 we sent.

[Rocio0010 5,579]

10 minutes ago, Adamaris said:

Yeah he did, those were the documents we sent as the “most recent tax year” the transcripts and 1040 and W2 we sent.

Did you submit the IRS transcripts? If so, no 1040s or w2s were needed...

[powerpuff 6,705]

11 minutes ago, Adamaris said:

Yeah he did, those were the documents we sent as the “most recent tax year” the transcripts and 1040 and W2 we sent.

Unnecessary to send all of that, it confuses them. It’s either tax transcripts OR 1040 + W2. They don’t want to sit there and wade through all of that paper 

[Rocio0010 5,579]

1 minute ago, powerpuff said:

Unnecessary to send all of that, it confuses them. It’s either tax transcripts OR 1040 + W2. They don’t want to sit there and wade through all of that paper 

Exactly. I once read a comment in here (a looooooong, looooooooooooong time ago) that said something along the lines of "if you send them more than what it is requested, and they can't connect the dots, then bam! RFE. 

Either people do not read the instructions, or they do, but they think more is better. And they keep sending the transcript with w2s and 1040s. This must be the 5th or 6th exact RFE I see posted here in a week.

[Adamaris 21]

6 minutes ago, powerpuff said:

Unnecessary to send all of that, it confuses them. It’s either tax transcripts OR 1040 + W2. They don’t want to sit there and wade through all of that paper 

Thank you for your answer. I just can’t see any suggested solution for my question on your text. Can’t undone what is done.

[powerpuff 6,705]

6 minutes ago, Adamaris said:

Thank you for your answer. I just can’t see any suggested solution for my question on your text. Can’t undone what is done.

You have an opportunity now to send a better I-864 packet. I think my advice fits great here now that you will not repeat that error and only send one or the other.
 

Might also want to consider including more pay stubs as @Mike E suggested and another employment verification letter.

Edited January 3, 2022 by powerpuff

[Adamaris 21]

49 minutes ago, Mike E said:

So the RFE deadline is March.  I would get as many pay stubs as possible between now and 10 days before the deadline and fill out a new  I-864 based on his current income. Then send the new I-864 and supporting evidence and whatever else the RFE requires by usps priority mail.  

 

Did he file a tax return for tax year 2020?

Sorry I just feel very worried now. Does it matters that in 2020 his income was below requirements and the fact that he only has been at his new job for 2 weeks now.

[SalishSea 17,835]

22 minutes ago, Adamaris said:

Sorry I just feel very worried now. Does it matters that in 2020 his income was below requirements and the fact that he only has been at his new job for 2 weeks now.

No.  The advice you are being given here is:

 

1) Wait until just before the March RFE response deadline to send in the documentation, as by then he will have several payslips reflecting the current ($52k) salary.  Send as many as he has, along with an employer letter stating current annual salary.  

 

2) For any tax-related documentation you prepare for the immigration process:  send either IRS tax transcripts, or the 1040A, W2, schedules, etc.  Not both.  This confuses them.  It does not matter that the AGI from previous tax years was below the 125%.  They are looking at current income, which is best established via recent payslips anyway.  Sending the previous transcripts just establishes a pattern of working and paying taxes.

 

Yes, you cannot change what was sent, but now you have to opportunity to fix things.  If I were you, I would order whichever tax transcripts are available, and send those.  They are better evidence than tax returns and W2s etc, because they demonstrate that the taxes were actually filed.

[Loren Y 2,755]

Current income is what is important. I called my finance guy, and he says the IRS just announced you will be able to file your 2021 taxes on February 12th this year. If he made more in 2021, you can file your taxes on the first available day February 12th or 13th, and you will be able to download your 2021 transcripts a day after your return is accepted by the IRS( If you file electronically). Then you can do a new I-864 with hopefully a better income showing on your newest tax transcript, and along with as many pay stubs as you have before you have to mail them in to meet the deadline, and everything should be golden. You can actually do your taxes online now if you have all your documents, and you will know where you stand with the new return on the I-864 before you even actually file.

[Rocio0010 5,579]

I was in a very similar situation two years ago with the same RFE. I created a thread, and by the end of this thread you can see how I responded. I am pretty sure I submitted the IRS transcripts but not the W2s as a response to the RFE (I know in the thread I say I would send the W2s, but I was a newbie back then)