I-864 RFE, but am in the process of amending my taxes

[spageddy 1]

Hi VJ, I'm a USC sponsoring my spouse (adjusting from K1). Me and my spouse have recently received an RFE asking for my proof of citizenship, and saying that me and my household member (my mother, who we live with) could not be determined to be qualified to sponsor my spouse, despite us combined making well over 125% poverty guidelines this year. I assume the problem with the I-864 and I-864a is that we neglected to provide proof of citizenship, and would have no qualms filing the I-864 again, possibly gaining another joint sponsor JUST to be safe, but I've come across a complication.

 

I few weeks ago, AFTER filing AOS, I discovered my income for my 2021, 2022, and 2023 tax returns was slightly underreported (forgot to include small amounts of self employed income). I filed amended returns to try to set things right, but lo and behold, this RFE arrives at our door just a few weeks later. The IRS hasn't finished processing my amended returns yet, and likely won't be the RFE due date, so it leaves me wondering, should I report my amended amount of income on the I-864 even if my transcripts don't reflect it? Or should I use the pre-amended figures?

 

As far as documentation for responding to this RFE goes, should I just send in my pre-amended tax return transcripts again, should i send in JUST the 1040X amended taxes, or should I send in the pre-amended return transcripts AND the 1040X amended taxes?

 

[OldUser 6,972]

7 minutes ago, spageddy said:

As far as documentation for responding to this RFE goes, should I just send in my pre-amended tax return transcripts again, should i send in JUST the 1040X amended taxes, or should I send in the pre-amended return transcripts AND the 1040X amended taxes?

 

No, just 1040X is not enough. You'd have to provide W-2 etc.

 

I'd highly recommend using a qualifying joint sponsor, using tax return transcripts instead of 1040s, making sure everybody submits proof of citizenship.

 

All the I-864 RFEs I've seen so far have very detailed instructions and lists of what documents USCIS expects. Send in the strongest reply, not the bare minimum or incomplete documentation, as it will lead to NOID or denial outright.

[spageddy 1]

Right, we were planning on submitting more documents than just the tax transcripts and amended 1040Xs, I'm just confused as to which figure to put down on my total income for I-864, the original or amended figure? Because the 1040Xs aren't processed yet.

 

We're looking for a joint sponsor. This is the evidence we plan to submit

 

For evidence, we were planning to include

My US birth certificate

My US passport bio page 

My household member's US birth certificate

My household member's US passport bio page

Joint sponsor's US birth certificate

My ORIGINAL TAX RETURN transcripts

My AMENDED 1040Xs for all 3 years

Letter explaining the amendments

My W2s

My pay stubs

My household member's tax return transcripts, past 3 years

My household members W2s

My household members pay stubs

Joint sponsor's tax return transcripts, past 3 years

Joint sponsor's W2s

Joint sponsor's pat stubs

 

I don't have documentation on the addition income reported in my AMENDED returns aside from invoices on PayPal. Didn't generate enough money from that source for PayPal to generate any 1099s.

[JeanneAdil 6,579]

self employment should have 1099(s) from places (or people ) you worked for and show schedule C

 

To file your annual income tax return, you will need to use Schedule C (Form 1040), Profit or Loss from Business (Sole Proprietorship), to report any income or loss from a business you operated or profession you practiced as a sole proprietor, or gig work performed.Nov 13, 2024

 

You must report all income to the IRS. You may receive a 1099-K, 1099-NEC, or 1099-MISC reporting your income, but many self-employed people don't - it depends on how you make your money. Regardless, you're responsible for recording your income and expenses so that you can accurately report them on your return.

[spageddy 1]

Yes, which is why I filed to amend them, they were wrong so I'm fixing them. IRS is currently processing them.

 

No 1099's because I was self employed, took clients through PayPal, and made too negligible of an amount for PayPal to generate 1099s. I reported the correct amount on my amended returns.

[spageddy 1]

To try to clear things up, because I might have worded it confusingly, I have PayPal invoices as documentation for the extra income on my amended 1040X, rather than 1099s. The amended 1040X have the correct income, but they haven't been processed yet. Therefore my questions are:

 

Is it valid to include the unprocessed 1040X? I'm unsure BECAUSE they aren't processed yet.

Should I put the value from the unprocessed 1040X on the I-864? Or should I put the values on my original return transcripts?

Edited Wednesday at 07:04 PM by spageddy

[JeanneAdil 6,579]

1 hour ago, spageddy said:

To try to clear things up, because I might have worded it confusingly, I have PayPal invoices as documentation for the extra income on my amended 1040X, rather than 1099s. The amended 1040X have the correct income, but they haven't been processed yet. Therefore my questions are:

 

Is it valid to include the unprocessed 1040X? I'm unsure BECAUSE they aren't processed yet.

Should I put the value from the unprocessed 1040X on the I-864? Or should I put the values on my original return transcripts?

you send copy of the 1040x with the schedule C that is needed for self employment/ pay pail invoices would be needed if not using accountant for the 1040x  but not needed for immigration /  they just need copy of the schedule C with 1040x

if u didn't do a schedule C,  it will be a long time before IRS responds

you can't send what u don't have

[spageddy 1]

I did a schedule C thankfully, so it shouldn't be too long before IRS responds, I hope, thanks for the guidance 

 

now I just need to know whether to include the original or amended income on the new i864

we'll likely get in touch with a lawyer to make absolute certain that things are filed correctly