Joint sponsor

[G and B 13]

Hi everyone! I recently got a RFIE for my I-485, at this time I still don't know what the request is about but i am afraid it is related to my joint sponsor's I-864. 

When we filled for AOS my mother-in-law accepted to be my joint sponsor since my husband's 2022 tax transcript was below poverty line and we filled before he filed for taxes. Now his 2023 tax transcript is way above poverty line, if the RFIE is about it can we withdraw my mother-in-law form and send a new I-864 of just my husband's? I already uploaded on march 1st our 2023 tax transcript as a proof of bona fide marriage since we filled jointly.

thank you so much!

[K1visaHopeful 2,813]

Depending on the context of the RFIE, most likely.

Post it, redacted, of course. 

 

*Unrelated: best your RFIE response be on paper and mailed in, not uploaded as your AOS package was mailed and not online filed.

Edited March 15 by K1visaHopeful

[powerpuff 6,697]

Tax returns are evidence of past income, not current. 

[G and B 13]

11 hours ago, powerpuff said:

Tax returns are evidence of past income, not current. 

Exactly why if it's something about my joint sponsor i'd make my husband fill a new I-864 with is 2023 tax transcript. 

14 hours ago, K1visaHopeful said:

Depending on the context of the RFIE, most likely.

Post it, redacted, of course. 

 

*Unrelated: best your RFIE response be on paper and mailed in, not uploaded as your AOS package was mailed and not online filed.

Thank you, I'm still waiting to see it uploaded in my online account 

[K1visaHopeful 2,813]

8 minutes ago, G and B said:

Exactly why if it's something about my joint sponsor i'd make my husband fill a new I-864 with is 2023 tax transcript. 

 

The commentor is stating that current income is more common important than 2023 taxes as they are not current regardless if they are the most recent ones. 

Proving current income is best. ESPECIALLY when the OS has not met the FPGLs in the past. In your case, 2023 taxes will likely not be enough. 

The I864 instructions state what you can submit to prove current income. (Likely, a properly written EVL AND 6 months of current paystubs however you've indicated nothing as to the OSs employment type in your thread to help further).

Ensure you've read and understand the instructions before filing out any form.

[G and B 13]

8 minutes ago, K1visaHopeful said:

The commentor is stating that current income is more common important than 2023 taxes as they are not current regardless if they are the most recent ones. 

Proving current income is best. ESPECIALLY when the OS has not met the FPGLs in the past. In your case, 2023 taxes will likely not be enough. 

The I864 instructions state what you can submit to prove current income. (Likely, a properly written EVL AND 6 months of current paystubs however you've indicated nothing as to the OSs employment type in your thread to help further).

Ensure you've read and understand the instructions before filing out any form.

when we submitted (Jan 2024) I uploaded in addition my husband's last 6 months paystubs since his 2022 tax return was under FPGL, we specified his employment type on the form and his salary is also available to the public. After we filed for taxes late February i also uploaded as a evidence his w2 plus 1040 and once it was available i uploaded his 2023 transcript. 

[K1visaHopeful 2,813]

1 hour ago, G and B said:

when we submitted (Jan 2024) I uploaded in addition my husband's last 6 months paystubs

Six months paystubs are nothing without an EVL. The employer must allow write up an EVL.

1 hour ago, G and B said:

since his 2022 tax return was under FPGL, we specified his employment type on the form and his salary is also available to the public.

Uscis is not going to research the OSs salary. 

1 hour ago, G and B said:

After we filed for taxes late February i also uploaded as a evidence his w2 plus 1040 and once it was available i uploaded his 2023 transcript. 

 

I don't think you are understanding what we are telling you. 

Because USCIS already knows that your OS didn't meet the FPGLs in 2023, your going to need to be more detailed on how you respond NOW to this RFIE and you'll need to respond with CURRENT income as explained above. 

I'm not talking about what you've uploaded in the past (or even in the recent past). I'm talking NOW and AFTER the RFIE was issued. 

You'll respond by mail because AOSers are not eligible to upload. 

Current proof of income as in a CURRENT EVL (dated after the RFIE) and current paystubs dated since now (after RFIE) and back 6 months from now. 

Current income evidence will help you prove both that the OS meets the FPGLs and doesn't need the JS any more. 

2023 taxes are most recent taxes but are not current income. 

Current EVL and 6m paystubs are.

Please please please read through the instructions to differentiate your understanding of tax proofs and current income. 

 

[G and B 13]

23 minutes ago, K1visaHopeful said:

Six months paystubs are nothing without an EVL. The employer must allow write up an EVL.

Uscis is not going to research the OSs salary. 

 

I don't think you are understanding what we are telling you. 

Because USCIS already knows that your OS didn't meet the FPGLs in 2023, your going to need to be more detailed on how you respond NOW to this RFIE and you'll need to respond with CURRENT income as explained above. 

I'm not talking about what you've uploaded in the past (or even in the recent past). I'm talking NOW and AFTER the RFIE was issued. 

You'll respond by mail because AOSers are not eligible to upload. 

Current proof of income as in a CURRENT EVL (dated after the RFIE) and current paystubs dated since now (after RFIE) and back 6 months from now. 

Current income evidence will help you prove both that the OS meets the FPGLs and doesn't need the JS any more. 

2023 taxes are most recent taxes but are not current income. 

Current EVL and 6m paystubs are.

Please please please read through the instructions to differentiate your understanding of tax proofs and current income. 

 

As I said my husband meet the FPGL in 2023, he didn't meet the FPGL in 2022, which was the most recent tax transcript at the time we sent the forms. The instructions list as proof "A copy of your individual Federal income tax return, including W-2s for the most recent tax year... Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer". 

 

The fact that AOSers (IOE09 cases) are not eligible to upload online it's false, when uploading evidence online you can pick the category "RFE response" but I'll go by what the mail says when i'll receive it. I know that with USCIS is better to be safe than sorry so i will probably both send it by mail and upload it online if it's listed in the RFIE letter. 

[K1visaHopeful 2,813]

22 minutes ago, G and B said:

As I said my husband meet the FPGL in 2023, he didn't meet the FPGL in 2022, which was the most recent tax transcript at the time we sent the forms. The instructions list as proof "A copy of your individual Federal income tax return, including W-2s for the most recent tax year... Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer". 

"May" is your keyword.

While many can use tax proofs only because they have exceeded the FPGLs, your OS hasn't in the past and required a JS. As above x2, he'll need to do the most to prove he meets them NOW AKA. CURRENTLY.

22 minutes ago, G and B said:

The fact that AOSers (IOE09 cases) are not eligible to upload online it's false, when uploading evidence online you can pick the category "RFE response" but I'll go by what the mail says when i'll receive it. I know that with USCIS is better to be safe than sorry so i will probably both send it by mail and upload it online if it's listed in the RFIE letter. 

Able to doesn't equal eligible to. Just because you are able to doesn't make you eligible. I stand by that while others may not. The last thing you need is an NOID for misunderstanding or having an adjudicator that follows protocol to a T.

[G and B 13]

On 3/15/2024 at 12:16 PM, K1visaHopeful said:

Six months paystubs are nothing without an EVL. The employer must allow write up an EVL.

Uscis is not going to research the OSs salary. 

 

I don't think you are understanding what we are telling you. 

Because USCIS already knows that your OS didn't meet the FPGLs in 2023, your going to need to be more detailed on how you respond NOW to this RFIE and you'll need to respond with CURRENT income as explained above. 

I'm not talking about what you've uploaded in the past (or even in the recent past). I'm talking NOW and AFTER the RFIE was issued. 

You'll respond by mail because AOSers are not eligible to upload. 

Current proof of income as in a CURRENT EVL (dated after the RFIE) and current paystubs dated since now (after RFIE) and back 6 months from now. 

Current income evidence will help you prove both that the OS meets the FPGLs and doesn't need the JS any more. 

2023 taxes are most recent taxes but are not current income. read the instructions verll

Current EVL and 6m paystubs are.

Please please please read through the instructions to differentiate your understanding of tax proofs and current income. 

 

At the end, the Request for Evidence (RFE) was regarding my Joint Sponsor's W2, as she files taxes jointly with her husband. Although I had read the instructions, we overlooked her tax return.

 

I have successfully uploaded the RFE response online. Please refrain from spreading misinformation regarding IOE cases/e-files. It appears that your replies in other threads lack updated information

[K1visaHopeful 2,813]

9 hours ago, G and B said:

At the end, the Request for Evidence (RFE) was regarding my Joint Sponsor's W2, as she files taxes jointly with her husband. Although I had read the instructions, we overlooked her tax return.

Perfect then and yes, when a sponsor (or co or joint) files a joint return with a spouse, their income must be differentiated even when providing a transcript by providing an income statement.

9 hours ago, G and B said:

 

I have successfully uploaded the RFE response online. Please refrain from spreading misinformation regarding IOE cases/e-files. It appears that your replies in other threads lack updated information

That's great that you were able to.  That still does not mean you were ELIGIBLE to. There is a difference. 

 

The RFE/RFIE does state the key words "if applicable". 

USCIS has yet to state one's eligibility to respond online when one has not filed online. So while it's every indication that they are moving to an entirely electronic system, they have not indicated as such by their wording.

If it were true that EVERYONE was ELIGIBLE to upload a response online there would be no reason for the words "if applicable" now would there be? We cannot disregard this phrase in this possible context.

 

So while you were successfully ABLE TO, it doesn't mean that at anytime anyone could enforce that you were not ELIGIBLE TO as you did not file electronically as at this time, I485 is not an electronic form like others are. 

At this time there is no evidence that my information is misinformation so no, I will not refrain from explaining my view which has been supported by others regarding the wording of the extremely generic language of RFE/RFIEs.

I will say this: The easy way is not always the safest way especially when it comes to interpreting USCIS language. It is up to the individual member to decide what they feel is best for them. 

 

If you feel slighted by my interpretation or advice please unfollow me in your settings so I don't have to offer my time because I offer my help to all regardless of past interactions (provided they fill out their timeline, lol).