I864 RFE

[Mike771 0]

Hello,

My wife came to the US on the K1 Visa. We got married and applied for the green card in December. We received a RFIE later in Decmber related to the I-864. It states:
 "Based on the documents submitted, we could not determine the petitioning sponsor on Form I-1864, Affidavit of support, is qualified" 

I was out of the US for a number of years until 2020 and starting working at a company here is December 2020. My income while abroad was lower but still above 125% of federal poverty line. I made above $57,000 in 2021 and included a letter from my employer. I did include the paystubs, bank docs, irs tax transcripts for the last 3 years, 2020 W2 (although because I started in December that year, it was low), payroll certificates stating the amounts I made in the company abroad and 401k balance. I realize I did not include the 1040. I see on the letter it says:
"The 'Total income' line on IRS Form 1040 is used to determine qualifying income for a sponsor"

Not sure why that would be important if I included the tax transcript that says it right on there, but could that be what is wrong? Is it very important that the 1040 specifically, not just the tax transcript gets included? 

 

Could it possibly deal with the fact that eventhough I made around 57,000 in 2021, I don't have a long work track record in the US and while the income I made abroad was high enough for the requirement, it wasn't as much as now. Can whoever reviews the case basically decide based on what they think, not to allow me to be a sponsor even if I meet the requiments? 

 

I recently got a raise to 63,000 for my salary in 2022 and will include a letter for that as well as file my taxes and submit 2021 with the documents I send for the RFE. If anyone has any thoughts or insight about why this happened and what to do we would appreciate it!

[K1visaHopeful 2,817]

Looks like you sent them too many irrelevant documents so they just threw all of your docs in the air and told you to start over.

That happens alot when the documents you provide don't line up with the amounts you input.

 

DECIDE on what amount you are trying to prove and provide only the documents that prove it.

 

 

Edited January 28, 2022 by K1visaHopeful

[Mike771 0]

Okay, thank you. I am trying to prove income so I'll just sumbit documents that would prove that. 

 

Last time I did leave the part 7 use of assets blank, since the instructions say in bold if your total income in part 6 exceeds the poverty guidelines, you are not required to complete part 7 skip to part 8. Should I mark N/A instead or does it matter? 

 

Also, we will want to file taxes this year and include that in what we submit to USCIS. However, we weren't able to get her ssn number because they told us we would have to wait until we get the greencard. We will have to mail the return in on paper because of that which will take longer to process. Is it okay to still sumbit the 1040 and w2 from this year eventhough its not been fully processed by the IRS and we don't have the transcript?