Need help for RFIE of I864

[evannnn 1]

1 minute ago, Timona said:

 

Part 6: 21 & 22 should be blank. 20 should have same number as 7.

 

If those are fine, then I'm not sure what the issue is 

Those are both fine. No idea why they ask for that...

 

Truly appreciate for your time and help! 😊

[evannnn 1]

7 minutes ago, Timona said:

Did your husband list you on his IRS return as a dependant/ did you file with him, albeit zero income?

We filed the joint one.

 

Do you think this is where the problem is? How should I address this in the mail to USCIS?

Edited August 27, 2022 by evannnn

[Timona 4,207]

2 minutes ago, evannnn said:

We filed the joint one.

 

This is where the issue is. 

Since you filed together, you now need to file I-864A for YOURSELF. 

 

1. Did you have ITIN or SSN to file? 

2. What's your immigration history? K-1? B-2? ESTA?

Edited August 27, 2022 by Timona

[evannnn 1]

1 minute ago, Timona said:

 

This is where the issue is. 

Since you filed together, you now need to file I-864A for YOURSELF. 

 

Did you have ITIN or SSN to file? 

I have SSN. So I need to file I-864A even I have no income? 

[Timona 4,207]

Just now, evannnn said:

I have SSN. So I need to file I-864A even I have no income? 

 

Yes, because you included yourself on his IRS return. That's exactly what the RFE wording implied. 

 

When you file the I-864A, I'd suggest accompany it with the same IRS transcripts.

 

Good luck ☘

[evannnn 1]

5 minutes ago, Timona said:

What's your immigration history? K-1? B-2? ESTA?

K1

[Timona 4,207]

11 minutes ago, evannnn said:

K1

 

When did you:

1. Get your SSN (month/ year)

2. File your joint taxes (month/ year)

3. File AOS (month/ year)

 

IRS transcripts are taking ages to appear on IRS portal. I'm trying to figure out how you got yours quickly..or did you submit the 1040 and not transcript?

Edited August 27, 2022 by Timona

[evannnn 1]

1 minute ago, Timona said:

 

When did you get your SSN (month/ year) and when did you file your taxes? 

 

IRS transcripts are taking ages to appear on IRS portal. I'm trying to figure out how you got yours quickly..or did you submit the 1040 and not transcript?

I think I got my SSN at 09/21. We filed the taxes at Feb. No I didn't submit 1040.

[evannnn 1]

8 minutes ago, Timona said:

 

When did you:

1. Get your SSN (month/ year)

2. File your joint taxes (month/ year)

3. File AOS (month/ year)

 

IRS transcripts are taking ages to appear on IRS portal. I'm trying to figure out how you got yours quickly..or did you submit the 1040 and not transcript?

Sorry my mistake, it is form 1040 not a transcript

[Timona 4,207]

1 minute ago, evannnn said:

Sorry my mistake, it is form 1040 not a transcript

 

You're throwing me many curve balls here. 

 

Anyways, two options. 

1. Let your husband file a new I-864 and use his IRS transcript for 2020 tax. Just put a note there that says IRS transcript for 2021 are not available. USCIS knows that. Use this method if he made enough money in 2020 for 2 people OR

2. File I-864A for YOURSELF. This is for the 2021 tax year.

 

If you ask me, I'd go with option 1. If you do, just make sure you update the income brackets on Part 6: 24a-c to reflect 2020, 2019, 2018. I like taking the easy way out. 

[evannnn 1]

1 minute ago, Timona said:

 

You're throwing me many curve balls here. 

 

Anyways, two options. 

1. Let your husband file a new I-864 and use his IRS transcript for 2020 tax. Just put a note there that says IRS transcript for 2021 are not available. USCIS knows that. Use this method if he made enough money in 2020 for 2 people OR

2. File I-864A for YOURSELF. This is for the 2021 tax year.

 

If you ask me, I'd go with option 1. If you do, just make sure you update the income brackets on Part 6: 24a-c to reflect 2020, 2019, 2018. I like taking the easy way out. 

Thanks for your help. I'll try option 1.

[Timona 4,207]

3 minutes ago, evannnn said:

Thanks for your help. I'll try option 1.

 

Option 1 completely takes you out. So you don't have to worry about USCIS asking you anything. Just make sure he supplies the IRS transcripts, not 1040s, for 2020, 2019 and 2018. IRS transcripts can be downloaded online. 

Edited August 27, 2022 by Timona

[evannnn 1]

1 minute ago, Timona said:

 

Option 1 completely takes you out. So you don't have to worry about USCIS asking you anything. Just make sure he supplies the IRS transcripts, not 1040s, for 2020, 2019 and 2018. IRS transcripts can be downloaded online. 

Perfect! You really save my day 👍

[evannnn 1]

1 hour ago, Timona said:

Just put a note there that says IRS transcript for 2021 are not available

Sorry for my dumb questions about this quote:

1. When filling the income of most recent year, 2nd most recent year and 3rd most recent year, I should write down 2020, 2019 and 2018 right?
2. When my husband check the IRS website, the 2021 year's joint tax return transcript is available, can we use it?
3. If not how should I explain "IRS transcript for 2021 are not available" ? (my transcript is not available? not his? )

Again thanks for your time.

Edited August 27, 2022 by evannnn

[Timona 4,207]

1. Yes. 

2. Well, since you have 2021 IRS transcript, just go ahead and do an I-864A for yourself. I didn't and will avoid explaining the whole debacle with 1040s. There was a reason as to why I was telling you to avoid it but that can be buried since you have the transcript. 

3. You cannot have your own transcript that is different from his BECAUSE you filed jointly. However, you can create your own IRS account and will see the same thing he sees because it's joint filing. 

 

So bottom line, file I-864A for YOURSELF.