I-864. will I get RFE

[CD24 0]

filling out the I-864 and my father is joint sponsor and files joint taxes.  I live overseas. 

Father is retired but still works part time, makes 55K a year, and only wants to use his income to qualify.  household size is 3.

wife retired in 2022.

 

we are submitting

My I-864

Intent to reestablish US domicile with evidence.

Fathers I-864

copy of birth certificate

 

Supporting Documents

Fathers:

2022 Tax Transcript

2022 w-2

2022 w-2 for wife

2023 VA pension statement

2023 Social Security Statement

2023 social security statement for wife

 

 

Questions

do the VA and Social Security statements need to be for 2022 since that is the ones for the tax transcript or for 2023?

 

Will we get an RFE if we don't submit pay stubs?  

 

will they request the 2020 and 2021 tax transcript?

 

 

Father says his current tax return should be enough.  Doesn't want to submit anything unless it is requested or it is in writing.

 

How long would an RFE delay the visa?

 

 

 

 

[Redro 4,611]

10 minutes ago, CD24 said:

filling out the I-864 and my father is joint sponsor and files joint taxes.  I live overseas. 

Father is retired but still works part time, makes 55K a year, and only wants to use his income to qualify.  household size is 3.

wife retired in 2022.

 

we are submitting

My I-864

Intent to reestablish US domicile with evidence.

Fathers I-864

copy of birth certificate

 

Supporting Documents

Fathers:

2022 Tax Transcript

2022 w-2

2022 w-2 for wife

2023 VA pension statement

2023 Social Security Statement

2023 social security statement for wife

 

 

Questions

do the VA and Social Security statements need to be for 2022 since that is the ones for the tax transcript or for 2023?

 

Will we get an RFE if we don't submit pay stubs?  

 

will they request the 2020 and 2021 tax transcript?

 

 

Father says his current tax return should be enough.  Doesn't want to submit anything unless it is requested or it is in writing.

 

How long would an RFE delay the visa?

 

 

 

 

You might receive an RFE for not submitting proof of income. Upload statement saying you work overseas and don’t receive W2 or submit paystubs from current country you are in with translation if needed. 
Currently NVC is about 10 days so expect a delay of 10 days +time to submit new documents. (As of 21 aug they’re reviewing documents submitted 9aug) 

You only need to submit 2022 tax documents unless you elect to submit 2021 and 2029 by checking the box. 
Are you submitting your tax transcripts/ returns for 2022? Are you working in the foreign country? 

Edited August 23, 2023 by Redro

[pushbrk 12,883]

Current income for dad and mom comes from their 2023 SS statements and pay stub, if applicable.  Tax returns are about the past.  You did not mention either an I-864a from mom, or any evidence they are US Citizens currently living in the USA.

[CD24 0]

20 minutes ago, Redro said:

You might receive an RFE for not submitting proof of income. Upload statement saying you work overseas and don’t receive W2 or submit paystubs from current country you are in with translation if needed. 

Is there any format or will any type of statement do?   

 

13 minutes ago, pushbrk said:

Current income for dad and mom comes from their 2023 SS statements and pay stub, if applicable.  Tax returns are about the past.  You did not mention either an I-864a from mom, or any evidence they are US Citizens currently living in the USA.

 

My dad wants to qualify on his income alone. the I-864 instructions say you dont need to include any other household members income if you meet the 125% Federal Poverty guideline. 

 

Would she need to file an I-864a since her income is not included? 

can you provide a source for this that I can show my father?

 

My father is submitting a copy of his birth certificate.

 

would the tax transcript be evidence that they live in the US?  Do they also need to submit a utility bill as proof of domicile?

 

[CD24 0]

22 minutes ago, pushbrk said:

Current income for dad and mom comes from their 2023 SS statements and pay stub, if applicable.  Tax returns are about the past.  You did not mention either an I-864a from mom, or any evidence they are US Citizens currently living in the USA.

 

i assumed they would need the 2022 SS and VA statements because the I-864 instructions say to include copy of every from related to your returns if you filed a joint tax return and are qualifying using only your income.   

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

[pushbrk 12,883]

1 minute ago, CD24 said:

Is there any format or will any type of statement do?   

 

 

My dad wants to qualify on his income alone. the I-864 instructions say you dont need to include any other household members income if you meet the 125% Federal Poverty guideline. 

 

Would she need to file an I-864a since her income is not included? 

can you provide a source for this that I can show my father?

 

My father is submitting a copy of his birth certificate.

 

would the tax transcript be evidence that they live in the US?  Do they also need to submit a utility bill as proof of domicile?

 

All good questions.  It's true "USCIS instructions say it's not necessary to include his wife's income".  That is true.  What's important to understand though is that USCIS doesn't issue visas.  Consulates do.  It's also important to understand that the I-864 is not just a document to show somebody "qualifies".  Just as important, if not more, is that it is a binding contract.  Consular officers tend to request that married couple filing joint tax returns, both sign the contract.  That's what the I-864a is for, even if the spouse has not income or it's not needed.

 

Once a Consular Officer requests it, then suddenly it IS required, and not having it there will delay the visa.  It is "best practice" to include the I-864a in this situation.  

 

Curious why you mentioned including mom's SS statement, considering what you say above.

[pushbrk 12,883]

3 minutes ago, CD24 said:

 

i assumed they would need the 2022 SS and VA statements because the I-864 instructions say to include copy of every from related to your returns if you filed a joint tax return and are qualifying using only your income.   

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

As a supporting document to a tax return,  SS would send a 1099.  SS Statements are not part of a tax return.  The 2023 statements are evidence of "current income".  The latest tax return is 2022.

[CD24 0]

 

8 minutes ago, pushbrk said:

All good questions.  It's true "USCIS instructions say it's not necessary to include his wife's income".  That is true.  What's important to understand though is that USCIS doesn't issue visas.  Consulates do.  It's also important to understand that the I-864 is not just a document to show somebody "qualifies".  Just as important, if not more, is that it is a binding contract.  Consular officers tend to request that married couple filing joint tax returns, both sign the contract.  That's what the I-864a is for, even if the spouse has not income or it's not needed.

 

Once a Consular Officer requests it, then suddenly it IS required, and not having it there will delay the visa.  It is "best practice" to include the I-864a in this situation.  

 

Curious why you mentioned including mom's SS statement, considering what you say above.

What are the odds that It will be requested? 

would it be requested at the NVC stage or after when it is sent to the consulate?

 

5 minutes ago, pushbrk said:

As a supporting document to a tax return,  SS would send a 1099.  SS Statements are not part of a tax return.  The 2023 statements are evidence of "current income".  The latest tax return is 2022.

thank you,  I did not know that.  

[pushbrk 12,883]

6 minutes ago, CD24 said:

 

What are the odds that It will be requested? 

would it be requested at the NVC stage or after when it is sent to the consulate?

 

thank you,  I did not know that.  

Consular Officers request the I-864a during the interview.  That's why not having it delays the visa issue, until it is submitted, then waits through a new queue to be reviewed.  That's why it's best practice to submit it at NVC stage along with Dad's affidavit.

 

[CD24 0]

10 minutes ago, pushbrk said:

Consular Officers request the I-864a during the interview.  That's why not having it delays the visa issue, until it is submitted, then waits through a new queue to be reviewed.  That's why it's best practice to submit it at NVC stage along with Dad's affidavit.

 

thank you,  I will let my father know.

 

What would be the total list of documents needed if his wife filed the I-864a?

 

Only fathers income:

copy of birth certificate

copy of utility bill

I-864

2022 tax transcript

2022 W-2

2022 w-2 for wife

2022 1099

2022 1099 for wife

2023 SS statement.

 

Using father and mothers income

copy of Fathers birth certificate

copy of mothers birth certificate (is this needed?)

utility bill as proof of domicile

1-864 from father

i-864a from mother

2022 tax transcript

2023 SS statement from father

2023 SS statement from mother

 

Where does it talk about providing evidence of current income?

 

how important is it for my father to show current income or provide pay stubs?  He is very careful his personal information.

 

[pushbrk 12,883]

1 minute ago, CD24 said:

thank you,  I will let my father know.

 

What would be the total list of documents needed if his wife filed the I-864a?

 

Only fathers income:

copy of birth certificate

copy of utility bill

I-864

2022 tax transcript

2022 W-2

2022 w-2 for wife

2022 1099

2022 1099 for wife

2023 SS statement.

 

Using father and mothers income

copy of Fathers birth certificate

copy of mothers birth certificate (is this needed?)

utility bill as proof of domicile

1-864 from father

i-864a from mother

2022 tax transcript

2023 SS statement from father

2023 SS statement from mother

 

Where does it talk about providing evidence of current income?

 

how important is it for my father to show current income or provide pay stubs?  He is very careful his personal information.

 

What's required is layed out in the I-864 instructions.  Your mother's documentation is the same whether you use here income or not.  It's for her I-864a, not for "using her income".

[CD24 0]

5 minutes ago, pushbrk said:

What's required is layed out in the I-864 instructions.  Your mother's documentation is the same whether you use here income or not.  It's for her I-864a, not for "using her income".

thank you.

 

does my father have to provide proof of domicile since he is already providing copy of birth certificate and has the same mailing address that is on the taxes?

the instructions don't say that it is necessary.

 

 

 

[pushbrk 12,883]

2 hours ago, CD24 said:

thank you.

 

does my father have to provide proof of domicile since he is already providing copy of birth certificate and has the same mailing address that is on the taxes?

the instructions don't say that it is necessary.

 

 

 

Have to?  Maybe.  Best to do so?  Yes.

[Redro 4,611]

8 hours ago, CD24 said:

Is there any format or will any type of statement do?   

 

Similar to format you are using for your letter to NVC stating intent to re-establish domicile. 

As you are worried about RFE at NVC stage. What are you planning to submit as proof of intent to re-establish domicile? We have seen a few RFEs as evidence was not strong enough

You didn't answer my previous question: Have you been filing US taxes since you've left the country/do you work in this country?

 

[CD24 0]

On 8/23/2023 at 8:03 PM, Redro said:

Similar to format you are using for your letter to NVC stating intent to re-establish domicile. 

As you are worried about RFE at NVC stage. What are you planning to submit as proof of intent to re-establish domicile? We have seen a few RFEs as evidence was not strong enough

You didn't answer my previous question: Have you been filing US taxes since you've left the country/do you work in this country?

 

I am submitting:

copy of valid drivers license from my state

voter registration card

 bank account statement

 IRA and brokerage statement

evidence that I have health coverage

 

I file taxes every year, but  all of my income is covered by the Foreign Earned income tax credit.  I dont have any US income.