RFE i-864 for AOS

[Alex Alina 0]

We received in December 2021 a RFE for our Adjustment of Status application, respectively regarding I-864. 

One of our issues is that due to Covid the 2020 tax return shows a lower income than the i-864P requirement (with a change of employer), but for the current income the value is 30000, over the minimum for a household of 2 (i.e. 21.775).

We had an error when we first submitted as we sent only form 1040 without W2 but now we entered on the IRS website and downloaded the tax return transcripts for 3 years. Last time we had only a letter from the employer without pay stubs. Now we are submitting all the pay-stubs for 1 year (with an increase in payment from November 2021) and the new W2 for 2021. As the deadline for replying to the RFE is 28 February 2022, we will not have the possibility to get the new tax return in due time, but we plan to file jointly on 24 January as I have an SSN. We also plan to submit bank statements for 12 months for his savings account (in average $15.000 to supplement the tax return for 2020)

 

My question is if we can pass the RFE if the tax return for 2020 was under the I-864P but the current income is over. Should we get a co-sponsor?

Also, for current income should we put the exact amount from the 2021 W2 or the estimation for 2022?

Your feedback is greatly appreciated.

[powerpuff 6,744]

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

You have to either provide tax return transcripts OR 1040 + W2. It states that in the instructions. Do not provide 1040 or W2s if you’re including tax return transcripts. Overloading them with extra paperwork only confuses them and leads to RFEs.

 

 

Bank account statements are used when someone does not qualify with a current income (e.g unemployed or self employed) and it has to be 3 times the federal poverty guideline. I wouldn’t provide them in your case as it’s not really helping.

 

9 hours ago, Alex Alina said:

all the pay-stubs for 1 year

Per the instructions, they want last 6 months. 
 

9 hours ago, Alex Alina said:

My question is if we can pass the RFE if the tax return for 2020 was under the I-864P but the current income is over. Should we get a co-sponsor?

Whether or not you qualify financially is under the discretion of the immigration officer. They might accept what you send or they might not. Getting a joint sponsor minimizes the chances of them rejecting it, but that’s up to you to decide. 
 

Current income is what you make right now/projected income for 2022. 

 

Edited January 20, 2022 by powerpuff

[Alex Alina 0]

Many thanks. So basically we should submit:

- a cover letter

- the received RFE copy 

- the tax returns for the last 3 years (no W2s attached)

- pay stubs for the last 6 months (should I attach also the 2021 W2 that we just received? It shows the total income for 2021)

 

And not attach the bank statements for the savings account for the last 12 months (the amount is 3 times the difference between the 2020 tax return and the i-864P and this is why we were thinking initially to attach)