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

[Mike E 11,739]

1 hour 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.

Current income matters the most. Sometimes past income can cause USCIS to require a joint sponsor.  If by the RFE deal the petitioner has filed a 2021 tax return, I would include that.   

[Adamaris 21]

46 minutes ago, Jorgedig said:

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.

Thank you so much for your answer ☺️

[Adamaris 21]

40 minutes ago, Loren Y said:

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.

Thank you @Loren Y, you always so kind ☺️

12 minutes ago, Mike E said:

Current income matters the most. Sometimes past income can cause USCIS to require a joint sponsor.  If by the RFE deal the petitioner has filed a 2021 tax return, I would include that.   

Thank you for taking the time to answer @Mike E 

[Adamaris 21]

1 hour ago, Jorgedig said:

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.

Do you know if I can just upload the new form and supposing documents on my USCIS account since it has a button for that or  is it necessary to send it physically on the mail? 

[SalishSea 17,839]

14 minutes ago, Adamaris said:

Do you know if I can just upload the new form and supposing documents on my USCIS account since it has a button for that or  is it necessary to send it physically on the mail? 

I would follow the exact instructions given in the RFE letter.

[JeanneAdil 6,514]

by end of January as a subcontractor he will receive a 1099 for his work/  that plus his last Pay stub when working as a paid employee shows all they need to know for 2021 pay/ last pay stub has the year to date income to reflect the same info as the W2 he will receive

 

These both have to be mailed by end of January to your home address unless he has chosen to have them posted online thru employer webpage

 

also good advice above to get the letter from the employer about his subcontracting job

[Sagior 15]

I know a mother with two children 21 and 17 years old, UCSIS requested proof of income a total of $23.654 per year for all three of them.

[Joyoussinger 1,425]

17 hours ago, Sagior said:

I know a mother with two children 21 and 17 years old, UCSIS requested proof of income a total of $23.654 per year for all three of them.

This can't be for AOS.  The 125% of poverty guidelines requirement  for three people is  $27,450 as of April 1 2021. 

[Adamaris 21]

Hi again guys! @Mike E  @Jorgedig
@Loren Y @Jeanne Adil

Maybe this question is stupid but I want to make sure…

I am responding to RFE soon and wanted to know if I have to send a letter or something else is required out of the normal documentation since my husband and I filled taxes jointly (I have not I come of course) 

 

Just to make sure since both of our names are on the transcripts.

 

TIA!

Edited February 11, 2022 by Adamaris

[Mike E 11,739]

2 hours ago, Adamaris said:

Hi again guys! @Mike E  @Jorgedig
@Loren Y @Jeanne Adil

Maybe this question is stupid but I want to make sure…

I am responding to RFE soon and wanted to know if I have to send a letter or something else is required out of the normal documentation since my husband and I filled taxes jointly (I have not I come of course) 

 

Just to make sure since both of our names are on the transcripts.

 

TIA!

You should send what the RFE asks for. What would you put in the letter?