AOS RFE I-864 Help

[D & E 68 0]

Hi

Would like advice from the forum on the proper way to respond to an RFE.  

Background - AOS for K1 Fiance, married within 90 days to US citizen petitioner.  Petitioner makes well over income requirements  

 

What I submitted with the original I485 application:

- I-864:

      - Sponsor SSN provided in Part 4, Q10

      - Part 5 Household Size.  Q1: 1, Q2: 1, Q3: 0 Q4: 2 (petitioner's 2 kids from prior marriage), Q5 - 7: 0, Q8: 4

      - Part 5 Q7, Q24a - Q7 I listed my salary (well above poverty limit) and Q24a listed my AGI which is ~70k higher than Q7 salary as it includes bonuses.  I chose to have this difference because I wanted Q7 to match the amount in my employer letter (which just lists my salary)   

      -  Part 8: Signed but accidentally dated 11/29/2001 (instead of 2021)

- sponsor passport / birth cert copy

- sponsor employment letter and 2 paystubs

- sponsor 2020 federal tax return copy, w2, 1099s

 

Got a generic RFE (attached) asking for a completed and signed I864, incl SSN and correctly calculated household size, and income tax return (most recent year)  w supporting docs

 

Questions for the forum:

- What did I do wrong?  The only thing I can gather is that they didnt like that I misdated the I-864.  I dont think I missed the SSN or miscalculated my household size.  I also think it's ok for the numbers in Part 5 Q7 / Q24a to be different

 

- Does my proposed submission below makes sense:

     - I-864.  SAME as what I submitted before except I will put the correct date in the signature

     - 2020 federal tax return TRANSCRIPT ONLY (downloaded from IRS website) with NO SUPPORTING DOCS.  This seem so be more straightforward and less documents than providing a copy of the 2020 return with W2, 1099 etc.   While the RFE doesnt ask for the transcript specifically I think this is OK - the I-864 instructions says that transcript or tax return copy is OK

     - I will not provide anything else (i.e. paystubs, employer letter) because they are not explicitly requested in the RFE

 

- Submission method.  Is it OK to submit these two documents electronically?  Specifically wondering if they want the I-864 sent via mail so it can be the original (with the original signature)      

  

 

Thanks in advance for the advice and feedback!

 

[D & E 68 0]

Putting RFE image inline for those who cannot see the attachment

 

 

[Rocio0010 5,579]

What did you answer on Part 6, Q 20?

[K1visaHopeful 2,809]

Do your 2 paystubs account for 6 months of time like the instructions state?

Ie. Do you get paid every 3 months or something?

Edited January 11, 2022 by K1visaHopeful

[D & E 68 0]

5 hours ago, Rocio0010 said:

What did you answer on Part 6, Q 20?

Same as Part 6 Q7 - I'm not relying on anyone else's income.

 

4 hours ago, K1visaHopeful said:

Do your 2 paystubs account for 6 months of time like the instructions state?

Ie. Do you get paid every 3 months or something?

I only provided my two most recent paystubs covering the most recent ONE month.  Just reread the instructions - I missed that it stated 6 months.  

 

Thanks for the replies - happy to answer any other questions if it helps.  

 

 

 

[Ayrton 965]

16 hours ago, D & E 68 said:

Hi

Would like advice from the forum on the proper way to respond to an RFE.  

Background - AOS for K1 Fiance, married within 90 days to US citizen petitioner.  Petitioner makes well over income requirements  

 

What I submitted with the original I485 application:

- I-864:

      - Sponsor SSN provided in Part 4, Q10

      - Part 5 Household Size.  Q1: 1, Q2: 1, Q3: 0 Q4: 2 (petitioner's 2 kids from prior marriage), Q5 - 7: 0, Q8: 4

      - Part 5 Q7, Q24a - Q7 I listed my salary (well above poverty limit) and Q24a listed my AGI which is ~70k higher than Q7 salary as it includes bonuses.  I chose to have this difference because I wanted Q7 to match the amount in my employer letter (which just lists my salary)   

      -  Part 8: Signed but accidentally dated 11/29/2001 (instead of 2021)

- sponsor passport / birth cert copy

- sponsor employment letter and 2 paystubs

- sponsor 2020 federal tax return copy, w2, 1099s

 

Got a generic RFE (attached) asking for a completed and signed I864, incl SSN and correctly calculated household size, and income tax return (most recent year)  w supporting docs

 

Questions for the forum:

- What did I do wrong?  The only thing I can gather is that they didnt like that I misdated the I-864.  I dont think I missed the SSN or miscalculated my household size.  I also think it's ok for the numbers in Part 5 Q7 / Q24a to be different

 

- Does my proposed submission below makes sense:

     - I-864.  SAME as what I submitted before except I will put the correct date in the signature

     - 2020 federal tax return TRANSCRIPT ONLY (downloaded from IRS website) with NO SUPPORTING DOCS.  This seem so be more straightforward and less documents than providing a copy of the 2020 return with W2, 1099 etc.   While the RFE doesnt ask for the transcript specifically I think this is OK - the I-864 instructions says that transcript or tax return copy is OK

     - I will not provide anything else (i.e. paystubs, employer letter) because they are not explicitly requested in the RFE

 

- Submission method.  Is it OK to submit these two documents electronically?  Specifically wondering if they want the I-864 sent via mail so it can be the original (with the original signature)      

  

 

Thanks in advance for the advice and feedback!

 

Most likely the date, but have some other things to comment.

 

Did you file a 1040ez? If not, you don't use AGI on questions 24a-c. You write down what's in the Total Income line. And make sure you write down all 3 years.

 

Send more paystubs.

 

Did you only send the 1040, W2 and 1099? No schedules? If you decide to send the tax return. You must send everything. All the forms and schedules that you filed.

[D & E 68 0]

3 hours ago, Ayrton said:

Most likely the date, but have some other things to comment.

 

Did you file a 1040ez? If not, you don't use AGI on questions 24a-c. You write down what's in the Total Income line. And make sure you write down all 3 years.

 

Send more paystubs.

 

Did you only send the 1040, W2 and 1099? No schedules? If you decide to send the tax return. You must send everything. All the forms and schedules that you filed.

Thanks 

I actually used Total Income not AGI (thanks for pointing that out though - stated incorrectly in my original post).  So are you saying I should use my total income number in Part 5 Q7 as well?  That is more than my salary but also a fair representation of my expected income for the year (includes bonuses, dividends, etc)

 

In my original submission I did send submit the schedules with my 1040 - for the RFE I was just going to do the tax transcript so i dont need to worry about schedules, w2, 1099 etc

 

As far as paystubs go I'm fine with submitting more - my only concern is that I've seen other posts saying 'only submit what you're asked to' and the RFE doesnt have paystub called out specifically.  You think I should still submit paystubs (6 months worth?)

 

[Ayrton 965]

2 minutes ago, D & E 68 said:

Thanks 

I actually used Total Income not AGI (thanks for pointing that out though - stated incorrectly in my original post).  So are you saying I should use my total income number in Part 5 Q7 as well?  That is more than my salary but also a fair representation of my expected income for the year (includes bonuses, dividends, etc)

 

In my original submission I did send submit the schedules with my 1040 - for the RFE I was just going to do the tax transcript so i dont need to worry about schedules, w2, 1099 etc

 

As far as paystubs go I'm fine with submitting more - my only concern is that I've seen other posts saying 'only submit what you're asked to' and the RFE doesnt have paystub called out specifically.  You think I should still submit paystubs (6 months worth?)

 

You can, but I wouldn't. For Current Annual Income I would still use the salary since bonuses aren't guaranteed and it will match the employment letter.

[D & E 68 0]

20 minutes ago, Ayrton said:

You can, but I wouldn't. For Current Annual Income I would still use the salary since bonuses aren't guaranteed and it will match the employment letter.

OK makes sense.  And you think Paystubs should be sent even though RFE doesnt ask for it?  What about employment letter (or can I skip that since they already have it)

[Ayrton 965]

2 minutes ago, D & E 68 said:

OK makes sense.  And you think Paystubs should be sent even though RFE doesnt ask for it?  What about employment letter (or can I skip that since they already have it)

Send everything again and at least a couples months of paystubs.

[D & E 68 0]

23 hours ago, Ayrton said:

Send everything again and at least a couples months of paystubs.

Thanks - what's your thoughts about sending the RFE electronically - specifically is it OK to resubmit the I864 electronically?  Wasnt sure if they want the original signed I864 or if an electronic copy is OK

[Ayrton 965]

18 hours ago, D & E 68 said:

Thanks - what's your thoughts about sending the RFE electronically - specifically is it OK to resubmit the I864 electronically?  Wasnt sure if they want the original signed I864 or if an electronic copy is OK

You can do it electronically.

[Marty G 0]

On 1/11/2022 at 5:52 PM, Ayrton said:

Most likely the date, but have some other things to comment.

 

Did you file a 1040ez? If not, you don't use AGI on questions 24a-c. You write down what's in the Total Income line. And make sure you write down all 3 years.

 

Send more paystubs.

 

Did you only send the 1040, W2 and 1099? No schedules? If you decide to send the tax return. You must send everything. All the forms and schedules that you filed.

I also recently got an RFE, and mine looks exactly the same as yours except mine does not mention the part about: "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." Maybe that's the part they're wanting you to fix.