RFE - Having Problems

[p4blo 0]

Hey guys, I hope you guys are doing great.

It's been a month since I had received a "Request for Initial Evidence" letter from USCIS for my AOS Application. However, this letter was mostly about proof of assets, household size miscalculation and mistakes which we made while filling the form so I remained positive and delighted.

We faced this dilemma if we should see a lawyer or not. Thus we decided to glance at the documents we submitted earlier on our own, prepare new ones if necessary, then act accordingly.

Therefore we started working on our own case with no lawyer. Since yesterday, we made sure that we are good to go.

Here is why I'd like to hear your ideas about my case,

- My father-in-law is our joint sponsor and my wife is over 21 year old. What are we supposed to submit on my father-in-law's household size? If 3, since she is not a dependent child because first thing she is over 21 and we are not living with her father, then is she being an other dependent because of joint-sponsorship demand of ours.

 

Another one is,

- My father-in-law is retired and not actively working thus he does not possess a W-2 form. Instead, we'll submit his 1099-R which should be a retirement document as far as I recall, plus few more retirement proves.

1040s are all set for both, petitioning sponsor and joint-sponsor. At last, we also managed adding tax return transcripts for both of my sponsors as well.

The question is, what else are we missing? They also mentioned "Tax Schedules" on the Request for Initial Evidence letter which causes another problem.

My wife was hired by United States Postal Service last year, mid 2021. Seemingly she does not have any official proof of how much she is currently making since there was no tax year between, which is exactly what USCIS want to know about. Therefore she hand-calculated her current income by adding her each paycheck on our documents as proves of her hand-calculation using a simple application. My wife took her last 13 paychecks and averaged them. She also included a calendar showing 26 pay periods per year in 2022. She multiplied the average paycheck by number of pay period to show her average annual income. We wonder how accurate and acceptable this action would be. If not, what would you recommend us to do? She also applied for an official paperwork from United States Postal Service as proof of her current job. She does not have any Tax Schedules.

 

My father-in-law doesn't have any proof of what he is currently making because he is retired. We hereby assigned his annual income on 2020 Tax Schedule as his current annual income. I also wonder how accurate that is because we tried absolutely hard to show the current annual income of my wife for 2022 by hand-calculation but my father-in-law cannot be proved by using the same method since he is not actively working. We absolutely worked hard on our case with no lawyer. I have no doubt whatsoever but we, like any other person, do not want to face any other problem again.

 

Please do not hesitate to share your ideas and potential solutions with us.

Thank you.

[Mike E 11,741]

I suggest either

 

1. hiring a professional or

 

2. getting a joint sponsor with a clean situation: 3 years of stellar W-2 history, stellar current W-2 income, no dependents, single tax filer 

 

My observation once you get an RFE for I-864, if you get the response wrong, I-485 will be denied.  
 

Paging @pushbrk

[JeanneAdil 6,583]

she should have pay stubs showing income for a pay period and the W2's for the year 2021 

the retired person gets a 1099R for retirement from the company he worked for   and form SSA 1099 for SS income  for the year plus each year SS sends out a statement saying what your income will be for the new year (2022 in this case) with any cost of living increase

[pushbrk 13,006]

7 hours ago, JeanneAdil said:

she should have pay stubs showing income for a pay period and the W2's for the year 2021 

the retired person gets a 1099R for retirement from the company he worked for   and form SSA 1099 for SS income  for the year plus each year SS sends out a statement saying what your income will be for the new year (2022 in this case) with any cost of living increase

Pretty much what I was going to type.  Note thought that tax related documents from 2021 are NOT evidence of current income.  The petitioning spouse's income is probably sufficient without a joint sponsor unless the beneficiary is coming from India.  

 

What she made last year is NOT her current income.  Her current income is the gross income from a full pay period times the number of full pay periods in a full 12 months.  If a person took a job last week paying a thousand dollars a week their current income is $52,000 no matter what they made before.

7 hours ago, Mike E said:

 

 

My observation once you get an RFE for I-864, if you get the response wrong, I-485 will be denied.  
 

Paging @pushbrk

 

Yes, you get one chance, and the OP doesn't have it right yet.

[JeanneAdil 6,583]

2 hours ago, pushbrk said:

Pretty much what I was going to type.  Note thought that tax related documents from 2021 are NOT evidence of current income.  The petitioning spouse's income is probably sufficient without a joint sponsor unless the beneficiary is coming from India.  

 

What she made last year is NOT her current income.  Her current income is the gross income from a full pay period times the number of full pay periods in a full 12 months.  If a person took a job last week paying a thousand dollars a week their current income is $52,000 no matter what they made before.

 

Yes, you get one chance, and the OP doesn't have it right yet.

plus there is limited time to respond to a RFE /  i was given 30 business days for ours