RFE Notice Question

[EmilyEC 1]

I recently got an RFE because when we submitted tax documents for my joint sponsor we submitted 2022 tax documents, she filed an extension for 2023 because she has such complicated taxes to do. My question is, if we can't get the tax documents for 2023 right now can she submit her significant assets INSTEAD of the 2023 tax return? Or do both need to be submitted?

 

The tax return probably will not be ready until October of this year.

 

Thank you in advance.

[OldUser 6,333]

It doesn't look like USCIS is happy with this sponsor. Any chance you can find a different joint sponsor who can submit 2023 taxes?

 

What sort of assets does the current sponsor has?

[EmilyEC 1]

She has multiple stocks and bonds totaling several million so we will include the paperwork showing that. We also have her proof of tax return extension along with her 2023 wage and income tax transcript we will include. Now we are just curious if we need to redo the entire I864a and submit that or just turn in the documents they are requesting. 

[K1visaHopeful 2,779]

12 hours ago, EmilyEC said:

I recently got an RFE because when we submitted tax documents for my joint sponsor we submitted 2022 tax documents, she filed an extension for 2023 because she has such complicated taxes to do. My question is, if we can't get the tax documents for 2023 right now can she submit her significant assets INSTEAD of the 2023 tax return?

No. Unfortunately, the 3 most recent tax year's taxes must be filed (if legally required to file) in order to qualify to be a sponsor. PROOF of the most recent year only is required. Three most recent years PROOF is optional but they must have filed all three if required.

12 hours ago, EmilyEC said:

 

Or do both need to be submitted?

Assets will not be accepted in this situation. 

12 hours ago, EmilyEC said:

 

The tax return probably will not be ready until October of this year.

 

Thank you in advance.

Best advice is to find a new JS.

[K1visaHopeful 2,779]

11 hours ago, EmilyEC said:

Now we are just curious if we need to redo the entire I864a and submit that or just turn in the documents they are requesting. 

At minimum you have missed another error in that you've used an I864a for a JS as well.

I864a can only be used for CO-sponsors not joint sponsors.

[EmilyEC 1]

In the RFE it specifically says "If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor's income and 125%(100% if military) of the federal poverty guideline for the sponsor's household size."

 

This isn't true? She must have the most recent tax return? Can't use her assets? I cannot use any of my income because I was living abroad and my income is from international sources. 

[Family 3,904]

18 hours ago, EmilyEC said:

redo the entire I864a

The RFE  wording is boilerplate and does not walk you through the specific deficiency of your submission.

The good news is that you have pinpointed the issue and can do a simple correction with your wealthy joint sponsor. 
 

1. Do an I-864 for the joint sponsor ( I-864 A was wrong , it’s only for specific relatives that live w you). 
2. It’s ok for them to have 2022 and proof of extension for 2023 ( three years of taxes is NOT required , just current year or most recent and proper extension). 
3. Assets you listed are perfectly fine. 

[EmilyEC 1]

I think maybe I wasn't specific enough, my sponsor is my mother whom I am currently living with. Me and the beneficiary moved back to the United States in April, filed in May and now received this RFE. 

 

Did I misunderstand the meaning of I-864 and I-864A? 

We have gathered that evidence, but are also considering just waiting until October when our sponsor will have her tax return transcript. That just seems like a very long time.. 

 

Thank you everyone for your responses. 

[Family 3,904]

1 hour ago, EmilyEC said:

I think maybe I wasn't specific enough, my sponsor is my mother whom I am currently living with. Me and the beneficiary moved back to the United States in April, filed in May and now received this RFE. 

 

Did I misunderstand the meaning of I-864 and I-864A? 

We have gathered that evidence, but are also considering just waiting until October when our sponsor will have her tax return transcript. That just seems like a very long time.. 

 

Thank you everyone for your responses. 

In that case , you have correctly used the I-864 A.

No need to redo form and no need to wait/delay response.

Note vocab : use Petitioner /Sponsor =you.  Household Member=mom

 

Do : Response to RFE dated xyz, case no, A #’  

      Above ref RFE issued in error. Enclosed copy of the qualifying documentation as filed along with an updated asset statement from the I-864 A ‘asset qualified “ household member .

1. Petitioner/Sponsor I-864 as filed clearly indicates am not using earned income. 
2. Copy of any available ( for petitioner/sponsor) IRS tax transcripts  ( go online to IRS website and see if you can download whatever years they have }

3. Copy of Petitioner Sponsor most recently filed Federal Tax Return IRS 1040 ( if you did 2022 great, if not just say not required to file)

4. Copy of relationship between Petitioner/Sponsor and Household Member ( birth certificate for Pet) that shows mother/child

5 Copy of ANY mail in each name that shows shared residence 

6. Updated Household Member ‘s Extensive liquid Assets portfolio totaling $$ Many Million , thus clearly exceeding poverty guidelines. ( here print out 12 months os statement or have broker write up a verification of balance letter).

7. Copy of household member 2022 taxes and official IRS extension for 2023

8. IF possible ( NOT required), get moms IRS transcripts from online and include.

 

You will be fine. Just spell it out as outlined above, no reason to delay 
 

Edited July 13 by Family

[EmilyEC 1]

Okay do you suggest putting all this paperwork into one document and then writing a cover sheet type paper on top stating 

Response to RFE dated xyz, case no, A #’  

      Above ref RFE issued in error. Enclosed copy of the qualifying documentation as filed along with an updated asset statement from the I-864 A ‘asset qualified “ household member .

 

 

Thank you for your help.