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

[Hamster X 3]

22 minutes ago, pushbrk said:

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.

 

Thank you for the detailed reply. Yes, I'm the beneficiary. The I-864 was all about my husband, but for some reason the RFE was sent to me and is under my USCIS online account. So I assume that I should be the person who replies?

 

I did list the total income listed on the tax transcript for all 3 years, not the AGI (actually his AGI was exactly the same number). My husband is an adjunct professor, and his income varies from year to year depending on a lot of factors at the schools (although it exceeds the minimum requirement every year). So the most recent pay stubs only shows the situation of 2022 but won't necessarily match 2021. Each semester they also have new contracts which I also included.

 

I think you're right about only sending the information that they asked for: only the most recent year. Last year his income was also higher than usual. The real problem is that I did include every single thing that they asked for in the RFE in the original package. Should I just send them the exact same tax documents from 2021 again regardless? It seems like they didn't ask for 2022 (initially the pay stubs were 2022 ones).

[pushbrk 12,566]

7 minutes ago, Hamster X said:

 

Thank you for the detailed reply. Yes, I'm the beneficiary. The I-864 was all about my husband, but for some reason the RFE was sent to me and is under my USCIS online account. So I assume that I should be the person who replies?

 

I did list the total income listed on the tax transcript for all 3 years, not the AGI (actually his AGI was exactly the same number). My husband is an adjunct professor, and his income varies from year to year depending on a lot of factors at the schools (although it exceeds the minimum requirement every year). So the most recent pay stubs only shows the situation of 2022 but won't necessarily match 2021. Each semester they also have new contracts which I also included.

 

I think you're right about only sending the information that they asked for: only the most recent year. Last year his income was also higher than usual. The real problem is that I did include every single thing that they asked for in the RFE in the original package. Should I just send them the exact same tax documents from 2021 again regardless? It seems like they didn't ask for 2022 (initially the pay stubs were 2022 ones).

I'm sure the message can be seen by either of you when you login to CEAC.  Let's get some terminology straight.  There is no 2022 data being asked for because 2022 tax returns are filed in 2023.  Pay stubs are not 2022 pay stubs.  You need to use ONE pay stub, the most current one NOW, to calculate current income.  Remember it is "current income" not "2022 income".  If he lost his job a month ago and hasn't found a new one yet (hypothetical) his current income is zero.  If he started a new job last month earning 1,000 a week, his current income is 52,000.

 

If you have the 2021 tax return transcript, that's the only tax document you send but also send the current pay stub from which you calculated the current income.  Only one pay stub is needed.  If you want to send the most recent contract too, that would be good.  Just the most recent.  Either of you can do this.  Choose the one who understands best, what I've written above.

[SteveInBostonI130 3,350]

39 minutes ago, Hamster X said:

 

Thank you for the detailed reply. Yes, I'm the beneficiary. The I-864 was all about my husband, but for some reason the RFE was sent to me and is under my USCIS online account. So I assume that I should be the person who replies?

 

Who signed the I-864?

[Hamster X 3]

11 minutes ago, SteveInBostonI130 said:

Who signed the I-864?

My spouse (the petitioning sponsor).

Is it weird that 1-864 only appeared in my USCIS online account, not his?

[Hamster X 3]

40 minutes ago, pushbrk said:

I'm sure the message can be seen by either of you when you login to CEAC.  Let's get some terminology straight.  There is no 2022 data being asked for because 2022 tax returns are filed in 2023.  Pay stubs are not 2022 pay stubs.  You need to use ONE pay stub, the most current one NOW, to calculate current income.  Remember it is "current income" not "2022 income".  If he lost his job a month ago and hasn't found a new one yet (hypothetical) his current income is zero.  If he started a new job last month earning 1,000 a week, his current income is 52,000.

 

If you have the 2021 tax return transcript, that's the only tax document you send but also send the current pay stub from which you calculated the current income.  Only one pay stub is needed.  If you want to send the most recent contract too, that would be good.  Just the most recent.  Either of you can do this.  Choose the one who understands best, what I've written above.

Ah I do understand that the 2022 income was never required at all, not before and not in the RFE.

I have the 2021 tax transcript. I'm a bit confused, by "current income" you meant the 2021 income? Since the 2022 one was never required.

Overall, do I only submit tax documents of year 2021 + pay stubs of 2022 and new contracts made in 2022?

[pushbrk 12,566]

1 minute ago, Hamster X said:

Ah I do understand that the 2022 income was never required at all, not before and not in the RFE.

I have the 2021 tax transcript. I'm a bit confused, by "current income" you meant the 2021 income? Since the 2022 one was never required.

Overall, do I only submit tax documents of year 2021 + pay stubs of 2022 and new contracts made in 2022?

Go back and read carefully.  I explained how to calculate current income in great detail.  I said one current pay stub and the most current contract.  No more contracts and no more pay stubs.  Perhaps your husband will be the one who "understands better" but please read carefully and interpret literally, what I wrote and each question on the form itself.  2021 is certainly not "current".

[Hamster X 3]

7 minutes ago, pushbrk said:

Go back and read carefully.  I explained how to calculate current income in great detail.  I said one current pay stub and the most current contract.  No more contracts and no more pay stubs.  Perhaps your husband will be the one who "understands better" but please read carefully and interpret literally, what I wrote and each question on the form itself.  2021 is certainly not "current".

I understand it now after reading the actual form instead of the RFE. I see what you meant, it's the "current income" on Part 6 question 7. We put in the 2021 income as the "current income" because that was the only concrete number we had. So you're saying that this number has to be an estimate of this year, which makes sense.

 

In this case I'm not sure about the recent pay stubs math here in my particular case. My husband signs 2-3 contracts each year, each of them states the total income he gets for teaching that semester, and in the summer he usually doesn't have any work/income. The employers have been pretty stable (10 years), that's just how these kind of jobs work. In this case the suggestion to only list one pay stub does not add up accurately to the actual annual income. Each semester he gets paid differently. I mean that's the reality, but I wonder if USCIS wants to see the reality or the math.

[Hamster X 3]

31 minutes ago, pushbrk said:

Go back and read carefully.  I explained how to calculate current income in great detail.  I said one current pay stub and the most current contract.  No more contracts and no more pay stubs.  Perhaps your husband will be the one who "understands better" but please read carefully and interpret literally, what I wrote and each question on the form itself.  2021 is certainly not "current".

And my husband hasn't received his first fall semester paycheck yet, so the pay stubs look kind of bad as they paused at the beginning of summer.

Should I just send all 4 of his employment contracts this year which would add up precisely to that estimated current income number without the pay stubs?

[pushbrk 12,566]

46 minutes ago, Hamster X said:

I understand it now after reading the actual form instead of the RFE. I see what you meant, it's the "current income" on Part 6 question 7. We put in the 2021 income as the "current income" because that was the only concrete number we had. So you're saying that this number has to be an estimate of this year, which makes sense.

 

In this case I'm not sure about the recent pay stubs math here in my particular case. My husband signs 2-3 contracts each year, each of them states the total income he gets for teaching that semester, and in the summer he usually doesn't have any work/income. The employers have been pretty stable (10 years), that's just how these kind of jobs work. In this case the suggestion to only list one pay stub does not add up accurately to the actual annual income. Each semester he gets paid differently. I mean that's the reality, but I wonder if USCIS wants to see the reality or the math.

Based on those details, enter the 2021 income as the current income but SEND ONLY THE LATEST CONTRACT.

 

Moot point now, but no I did not say to estimate the number for "this year".  The method I described computes the income for the next 365 days.  I your husband's situation though, that doesn't work, so just enter the 2021 income as his current income.  The "contract" is the evidence he's currently employed.

 

[Hamster X 3]

48 minutes ago, pushbrk said:

Based on those details, enter the 2021 income as the current income but SEND ONLY THE LATEST CONTRACT.

 

Moot point now, but no I did not say to estimate the number for "this year".  The method I described computes the income for the next 365 days.  I your husband's situation though, that doesn't work, so just enter the 2021 income as his current income.  The "contract" is the evidence he's currently employed.

 

Hmm that's exactly what we did when we first filed. 2021 income as current annual income and only the most recent pay stubs and contracts.

So I guess now we should just submit the exact same things (for 2021 and current) again? I honestly would feel better if we did make a mistake, we filed everything they could possibly ask for and still got an RFE.

 

Thank you for explaining things to me though.

[pushbrk 12,566]

3 minutes ago, Hamster X said:

 

Hmm that's exactly what we did when we first filed. 2021 income as current annual income and only the most recent pay stubs and contracts.

So I guess now we should just submit the exact same things (for 2021 and current) again? I honestly would feel better if we did make a mistake, we filed everything they could possibly ask for and still got an RFE.

 

Thank you for explaining things to me though.

But you did make several mistakes as others have pointed out.  Take the advice you've been given.  If you've forgotten.  Read again.

 

[Hamster X 3]

7 minutes ago, pushbrk said:

But you did make several mistakes as others have pointed out.  Take the advice you've been given.  If you've forgotten.  Read again.

 

I understand that it should be either the Tax Transcript or the Tax Return.

 

But on the RFE it only asked for "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", no tax transcript was even mentioned. In this case should I still submit the tax transcript?

[pushbrk 12,566]

2 minutes ago, Hamster X said:

I understand that it should be either the Tax Transcript or the Tax Return.

 

But on the RFE it only asked for "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", no tax transcript was even mentioned. In this case should I still submit the tax transcript?

One or the other, not both.  If the transcript was not mentioned at all, don't submit it. Go with the complete return with all schedules and W2 and/or 1099 forms.

[Hamster X 3]

1 minute ago, pushbrk said:

One or the other, not both.  If the transcript was not mentioned at all, don't submit it. Go with the complete return with all schedules and W2 and/or 1099 forms.

Got it, thanks.

[CaLi90 56]

9 hours ago, Hamster X said:

I understand that it should be either the Tax Transcript or the Tax Return.

 

But on the RFE it only asked for "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", no tax transcript was even mentioned. In this case should I still submit the tax transcript?

I originally submitted the tax return with W2s and all accompanying evidence. I got the same RFE and no Tax Transcript was mentioned in it, but because my spouse had several jobs throughout that particular tax year, we decided to submit the Tax Transcript as it was much more straightforward to match total income column, and the USCIS officer didn’t have to match all the W2s. 
 

As for the current income, she had been at that job for over a year by the time we submitted and provided recent pay stubs, employment letter etc.

 

This was enough to be accepted and my NYC interview was scheduled a few months after they received the RFE. 
 

Good luck with your journey!