i-864 RFE asked for documents already submitted (merged)

[Hamster X 3]

Hi, marriage based petition here.

I received a RFE for I-864 today, the following items were requested:

 

"Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
Provide the petitioning sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864. Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year."

 

I checked the original copies that were first submitted and am 100% confident that I had everything they mentioned and did not make a mistake on my spouse's SSN or our household size.

Also I definitely included every tax form possible, W-2s and 1099s from the most recent year, and even the IRS official tax transcripts from all 3 previous years. My spouse's income also always meets the requirement.

 

I'm really confused now, why would they request evidences that were clearly included when we filed?

What should I do now? I don't have anything more to provide.

[Mike E 11,739]

Did the I-864 you submitted have a bar code on the bottom of each page? 
 

Does the version of the I-864 form you used match what is on USCIS’s web site?
 

Did your include another copy of the sponsor’s evidence of U.S. citizenship or LPR status?

[Dashinka 24,372]

When you submitted the 1040 including the W2(s)/1099(s), did you also include all schedules?  If yes, the only thing I can think of is USCIS got confused when they got copies of the tax return and IRS transcripts.  Probably best to resubmit either the tax return copies, or the transcripts, but I would not send both.

 

Good Luck!

[NikoTaino 51]

What was your date of submission? Early July?

Sad to see these type of cases when the files are there and you don’t understand what’s going on. 

[Hamster X 3]

3 hours ago, Mike E said:

Did the I-864 you submitted have a bar code on the bottom of each page? 

 

Does the version of the I-864 form you used match what is on USCIS’s web site?

 

Did your include another copy of the sponsor’s evidence of U.S. citizenship or LPR status?

Yes, the official most up-to-date version with barcode on every page.

and I did put a copy of his passport to prove citizenship on the first page of my I-864 package.

[NikoTaino 51]

4 minutes ago, Hamster X said:

Yes, the official most up-to-date version with barcode on every page.

and I did put a copy of his passport to prove citizenship on the first page of my I-864 package.

Just to confirm.

- Does the 864 has all 10 pages?

- Is your spouse’s password valid? (Not expired)

- Does the income specified on the 864 match the one from the W2?

[Mike E 11,739]

1 minute ago, Hamster X said:

Yes, the official most up-to-date version with barcode on every page.

and I did put a copy of his passport to prove citizenship on the first page of my I-864 package.

I’m stumped.  
 

I would do a new I-864 with all your evidence.  I would include a cover letter that explains all the evidence. Also provide up to date pay stubs of this is an income based affidavit and up to date financial statements of this is asset based.  
 

Does he  have U.S. birth certificate, CRBA, naturalization certificate, or certificate of citizenship? If so would provide a copy of that instead of copy of the passport. 

[Hamster X 3]

2 hours ago, Dashinka said:

When you submitted the 1040 including the W2(s)/1099(s), did you also include all schedules?  If yes, the only thing I can think of is USCIS got confused when they got copies of the tax return and IRS transcripts.  Probably best to resubmit either the tax return copies, or the transcripts, but I would not send both.

 

Good Luck!

Yes, all W-2s and 1099s and the complete 1040 from 2021 (I did't have the W-2s from previous years but assuming that's not required?)

 

The one mistake I might have made was that I only included the first two pages (showing total income) of 1040s from 2019 and 2020 in the package to avoid the hundreds of pages, since I already have the tax transcript.

 

Should I just skip the 1040s altogether? Thank you.

[Mike E 11,739]

3 minutes ago, Hamster X said:

 

 

The one mistake I might have made was that I only included the first two pages (showing total income) of 1040s from 2019 and 2020 in the package to avoid the hundreds of pages, since I already have the tax transcript.

Yes I think that’s what did it.  
 

In hindsight just the tax transcripts would have been best.  Now that you opened the door I don’t know a safe way to close it. @Dashinka might be right.  
 

Paging @pushbrk

Edited September 11, 2022 by Mike E

[Hamster X 3]

Just now, Mike E said:

I’m stumped.  
 

I would do a new I-864 with all your evidence.  I would include a cover letter that explains all the evidence. Also provide up to date pay stubs of this is an income based affidavit and up to date financial statements of this is asset based.  
 

Does he  have U.S. birth certificate, CRBA, naturalization certificate, or certificate of citizenship? If so would provide a copy of that instead of copy of the passport. 

Thanks. I attached his birth certificate with another form, but only the passport for I-864. I can certainly try both, although I doubt that was what USCIS was requesting (no mentioning of proof of citizenship in the RFE letter).

 

And yes we did have the most recent pay stubs. I literally had every single item possible in my situation. The only thing I can think of was the lack of complete 1040s from 2019 and 2020 (I only had 2021's but all 3 years' transcripts)

[Hamster X 3]

7 minutes ago, NikoTaino said:

Just to confirm.

- Does the 864 has all 10 pages?

- Is your spouse’s password valid? (Not expired)

- Does the income specified on the 864 match the one from the W2?

Yes to all 3

[Hamster X 3]

2 minutes ago, Mike E said:

Yes I think that’s what did it.  
 

In hindsight just the tax transcripts would have been best.  Now that you opened the door I don’t know a safe way to close it. @Dashinka might be right.  
 

Paging @pushbrk

Should I send everything this time? the tax transcripts + 1040s all 3 years + most recent year W-2s?

[K1visaHopeful 2,793]

You sent repetitious tax forms. 

That's a no no.

 

Your household size could be wrong too.

Post a screen shot of yours. 

[Hamster X 3]

4 hours ago, K1visaHopeful said:

You sent repetitious tax forms. 

That's a no no.

 

Your household size could be wrong too.

Post a screen shot of yours. 

I think I calculated the household size correctly.

 

1. Provide the number you entered in Part 3., Item Number 29.  [1] --that's me

     Persons NOT sponsored in this affidavit:

2. Yourself.  [1] --that's my husband

(the rest remains empty)

 

Total: [2]

 

So if I already submitted repetitious tax forms, what should I do now? What should I send in the RFE package for them?

[pushbrk 12,812]

I might be a little confused here, but I think Hamster X is the beneficiary.  That's ok but the petitioner is the sponsor.  The petitioner's citizenship status has already been established, so no need for that.  If the petitioner's income has been sufficient over the past three tax returns AND currently, then have them do a new I-864 as instructed. Just because something was mentioned in a checklist does not mean it was wrong (Example: household size)

 

Be sure the numbers entered in the tax section are from the "total income" line of the Tax Return Transcripts, but DO NOT include more than the most current Tax Return or Tax Return Transcript.  Pay attention to or and and.  Those words are used for specific reasons.  Inclusion of more than 1 tax return is only advised when doing so will HELP the case, such as when the latest is marginal but the others are well over the requirement etc.

 

The current income stated need not match anything except the pay stub you include as evidence of current income.  Make sure it's calculated correctly as the Gross pay for the full pay period time the number of pay periods in a full year.  (not any particular calendar year but a 365 day year)  weekly X 52, biweekly X 26 bi monthly X 24 etc.