Fixing RFE due to i864 - Help Needed

[nishhd77 0]

Hello all!

 

Thanks to this forum, me and my wife successfully cleared the K1 visa process and the i485 is in process. 

 

Unfortunately, we've hit a snag with the I864 and received a generic RFE generically stating that the submission had "one or more deficiencies." 

 

I re-reviewed the form and caught a couple careless mistakes (last and first name was mixed up in one instance and I didn't list a "0" in the irrelevant entries where it asks for persons NOT sponsored on the affidavit.) 

 

One other slightly more involved issue I found was that I did not submit 1099s alongside my tax transcript. I'm gathering up everything I submitted to my accountant last year (including a 1095 and tax information from my various stock trading accounts). However, I won't submit the tax return that my account prepared itself, rather, just the transcript that you can pull from the IRS website (please let me know if this is incorrect!)

 

The final major point of confusion for me is the income listed for the past three tax years vs. the current annual household income listed in part 6 item 20. I just received a promotion in July to an annual income of 94k, but I obviously didn't make that much for the entire year. Is it incorrect that I've listed this figure as my annual household income? 

 

The income I listed for the past three years was my AGI, but I now realize that is incorrect (I submitted a 1040, not a 1040 EZ) and will update this to the higher "total income" figure from the 1040 form. 

 

Does it seem like the above issues would have prompted the RFE? I'm hoping correcting these items is all it takes to address the RFE. If the above is fixed and there's yet another issue that we somehow didn't catch, will we certainly fail the process?

 

Y'all's help is much appreciated as always!

[Rocio0010 5,579]

1 hour ago, nishhd77 said:

just the transcript that you can pull from the IRS website (please let me know if this is incorrect!)

This is perfect. You also want to include an employer later that states your obligations, and your salary, together with 3-6 months of paystubs.

 

Current income is what matters. So if the 94k are current as we type these comments today, then this is correct.

1 hour ago, nishhd77 said:

The income I listed for the past three years was my AGI, but I now realize that is incorrect (I submitted a 1040, not a 1040 EZ) and will update this to the higher "total income" figure from the 1040 form.

As per their instructions: For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered

 

So it seems that you're correct.

 

Did you check the household size? That one triggers RFEs all the time.

[nishhd77 0]

22 hours ago, Rocio0010 said:

This is perfect. You also want to include an employer later that states your obligations, and your salary, together with 3-6 months of paystubs.

Yep! I have all this and included it in the original submission.

Quote

Did you check the household size? That one triggers RFEs all the time.

Yes, I made sure that the total amounted to "2" - me and her (and did not count my wife where it asks for individuals/spouse not sponsored on the i864). 

 

Thanks for the help! If, for whatever reason, we miss something else, are you aware of any instances where DHS provides a 2nd chance to correct the application prior to rejection? 

 

So frustrating that they don't specify the issue from the outset and make it a guessing game.....

Edited January 8 by nishhd77