Got RFE regarding I-864, not sure how/what to respond

[ltfunlu 9]

We received an RFE regarding our Affidavit of Support. 

 

It is not clear what is exactly missing, but it seems like it's related to the sponsor's income not being sufficient.

 

The RFE states that they only look at the 'Total Income' line on the IRS 1040 tax return, however the Affidavit instructions indicate that the sponsor's current/future income is considered as well. Our 1040 income tax return total income for 2022 is only $300 is less than the necessary poverty guideline, however, the current income now for 2023 is well above the poverty guideline and it is what we stated on the I-864 petition.

 

We did some digging on the forum and the only thing we think we're missing is W2's. We don't think we made a mistake on I-864 itself.

 

Evidence we sent

• 1040 tax return for 2022
• Paystubs
• Employment letter from employer

 

Are they actually taking into account the sponsor's current/future income or are they really only looking at the previous year's tax return?

What are we supposed to send them?

Why they can't tell what exactly are we missing?

Edited July 14, 2023 by millefleur
Attachment containing personal info removed

[Mike E 11,745]

Is the sponsor income all W-2 income?

Edited July 14, 2023 by Mike E

[K1visaHopeful 2,935]

  On 7/14/2023 at 12:01 AM, ltfunlu said:

We received an RFE regarding our Affidavit of Support. 

 

It is not clear what is exactly missing, but it seems like it's related to the sponsor's income not being sufficient.

 

The RFE states that they only look at the 'Total Income' line on the IRS 1040 tax return, however the Affidavit instructions indicate that the sponsor's current/future income is considered as well. Our 1040 income tax return total income for 2022 is only $300 is less than the necessary poverty guideline, however, the current income now for 2023 is well above the poverty guideline and it is what we stated on the I-864 petition.

 

We did some digging on the forum and the only thing we think we're missing is W2's. We don't think we made a mistake on I-864 itself.

 

Evidence we sent

• 1040 tax return for 2022
• Paystubs
• Employment letter from employer

 

Are they actually taking into account the sponsor's current/future income or are they really only looking at the previous year's tax return?

Expand  

Current income is paramount. 

Tax reported income is secondary.

Total situation will be considered. 

  On 7/14/2023 at 12:01 AM, ltfunlu said:

What are we supposed to send them?

Expand  

Well, you forgot the W2s so that would be likely one of the errors. 

Tax return must be all pages and schedules of federal return. 

More/ different if self employed. 

(You should have submitted a transcript instead and W2s would have been needed).

 

Ensure that your EVL is the correct format and on business letterhead and that you've provided 6 months worth of paystubs if you are providing paystubs (recommended).

There could be errors elsewhere though including on the I864. That is more common than anything. 

The RFE is always generic. 

  On 7/14/2023 at 12:01 AM, ltfunlu said:

Why they can't tell what exactly are we missing?

Expand  

Without being able to look at your forms and evidence, your best bet would be to scour through similar posts where posters have gone into detail and have been answered. 

There are many, many "I864 RFE" posts. 

Edited July 14, 2023 by millefleur
Attachment containing personal info removed

[Crazy Cat 42,995]

  On 7/14/2023 at 12:01 AM, ltfunlu said:

We don't think we made a mistake on I-864 itself.

Expand  

Can you post a copy minus personal info??

[millefleur 5,048]

**Attachment containing personal info removed.**

 

VJ Moderation

[ltfunlu 9]

@K1visaHopeful 

Can I respond to this RFE via online portal or does it have to be through mail?

If they are not satisfied with my response, what’s next?

Does this RFE affect my I-765 case?

[K1visaHopeful 2,935]

  On 7/15/2023 at 1:05 AM, ltfunlu said:

@K1visaHopeful 

Can I respond to this RFE via online portal or does it have to be through mail?

Expand  

Mail only.

  On 7/15/2023 at 1:05 AM, ltfunlu said:

If they are not satisfied with my response, what’s next?

Expand  

Another RFE or NOID.

  On 7/15/2023 at 1:05 AM, ltfunlu said:

Does this RFE affect my I-765 case?

Expand  

Yes. All concurrently filed cases are paused while RFE is responded to and fulfilled.

[ltfunlu 9]

  On 7/15/2023 at 1:18 AM, K1visaHopeful said:

Mail only.

Another RFE or NOID.

Yes. All concurrently filed cases are paused while RFE is responded to and fulfilled.

Expand  

Thank you for taking your time to answer.

 

I did some more digging and looks like we had to send 1040 with all pages included. I’m going to send all available tax return papers and maybe a bank statement and hope for the best. 

[K1visaHopeful 2,935]

  On 7/15/2023 at 3:58 AM, ltfunlu said:

Thank you for taking your time to answer.

 

I did some more digging and looks like we had to send 1040 with all pages included. I’m going to send all available tax return papers and maybe a bank statement and hope for the best. 

Expand  

Honestly, I'd do some more research than that. 

RFEs are very common but very simple if you know what you are doing.

 

You had to send the complete federal tax return incl all pages and schedules AND earnings statements (if employed and not self employed) OR just a 4 page return transcript (if employed and not self employed).

 

Don't get me started about submitting a regular monthly bank statement. That's not the type of bank document to provide for assets at all. 

 

Use the search bar "I864 RFE" and learn what you need for your situation. 

[Kawika & Michelle 109]

  On 7/15/2023 at 1:05 AM, ltfunlu said:

@K1visaHopeful 

Can I respond to this RFE via online portal or does it have to be through mail?

Expand  

 

I'm not sure if this is specific to your case, but for my wife's adjustment of status petition...we got an RFE to prove that her sponsor (me) is an American citizen. I sent them a copy of my Passport & State certified Birth Certificate (either would have been sufficient) as a response electronically through their website. It was accepted a couple of days later & the review process continued shortly thereafter.