Received an RFE... Not sure where it went wrong. Any advice would be greatly appreiated.

[pushbrk 13,028]

1 hour ago, Family said:

You understood correctly. Only CURRENT income is used to qualify, thus only ONE ( most recent tax year for you is 2023) is REQUIRED…be it at adjusting in US or consular overseas.

 

Therefore , it’s ok for you to resubmit a new I-864 , indicate OPTION that you are not submitting 3 years as I assume you did and include once again ALL financial docs :

1. Current paystubs ( cover 3 months )

2. Verification of Employment Letter ( optional, if you can get it..otherwise don’t stress)

3. W-2 for 2023 

4. IRS tax transcripts for 2023 ( free online and usually instant )

5 Copy of 1040  Federal Tax Return as filed 

 

Draft a simple Cover Letter As Response to RFE . Use their own template as guide . State RFE was issued in error as Petitioner /Sponsor meets  ALL income qualification criteria and complete financial documentation was originally submitted at filing. Say you are enclosing newly executed I-864 , updated employment and tax records , in an abundance of caution.

 

I confess , I get a mild headache every time I read people propagating the 3 year myth ..just cause some rogue consular officer “ said so” and that person did not push back! 
‘Where is @pushbrk when I need an aspirin 😂

‘Current income is King and rules…

 

I'm not Family's aspirin supplier but I did notice three things in the RFE that got my attention.  "Properly completed" and "proper household size, and then the mention of which numbers to enter from the tax return.  

 

I would start over, by becoming an A-Student of the I-864 and it's separate instructions.  Then use an Adobe product, like Adobe reader to complete the new form.  Get the household size correct, by not entering a 1 as the number of people being sponsored, and then another 1 for spouse.  If you are sponsoring your spouse, they are already counted as the immigrant.  Enter 0 in the spouse blank, and let the form calculate the household size properly.  In the tax section, enter the "total income" number from any/all tax returns that have been filed in the last three years.  If there are only one or two, that's ok.  It is year end.  Any ONE current pay stub will  serve to show current income and year to date income as well.  Calculate current income buy using the gross income number for a full pay period, times the number of pay periods in a full year.  Example, every two weeks is 26 pay periods, not 24.

 

The most important of the three things actually covers the other two as well.  "Properly completed" is the key.  I would say there are two or three errors in completion that are causing the problem. It's not that the sponsor doesn't qualify.  The problem is they can't make a decision because the improperly completed form.

Edited December 27, 2024 by pushbrk

[Family 4,110]

7 minutes ago, pushbrk said:

I'm not Family's aspirin supplier but I did notice three things in the RFE that got my attention.  "Properly completed" and "proper household size

You are a more skilled master of I-864 issues than this forum’s favorite YouTube lawyer Jim ( whom I blame for this 3 year legend , anyway 😂) .
Good input on possible issues w form on household size…but as we know RFE can be overcome even without redoing I-864 and simply stating : “   I earn $$, here is  CURRENT return/transcript/W-2 and paystub” 

 

[pushbrk 13,028]

14 minutes ago, Family said:

You are a more skilled master of I-864 issues than this forum’s favorite YouTube lawyer Jim ( whom I blame for this 3 year legend , anyway 😂) .
Good input on possible issues w form on household size…but as we know RFE can be overcome even without redoing I-864 and simply stating : “   I earn $$, here is  CURRENT return/transcript/W-2 and paystub” 

 

I'm not usually a belt and suspenders guy.  Without seeing the affidavit though, it's my recommendation to do it again right this time.

 

[nikaM 5]

22 hours ago, pushbrk said:

I'm not usually a belt and suspenders guy.  Without seeing the affidavit though, it's my recommendation to do it again right this time.

 

Ensure that you sent 6 months of pay stubs and not 3 months 

[pushbrk 13,028]

1 hour ago, nikaM said:

Ensure that you sent 6 months of pay stubs and not 3 months 

Six months is an artifact from decades ago.  1 pay stub showing year to date earnings is sufficient.  When is the last time you saw a pay stub that didn't show YTD income.  A late December stub is as good as year of individual stubs unless there was a job change during the year.  An early January stub plus the December one, shows more than a year.  

[LowSerotonin 5]

On 12/26/2024 at 8:52 PM, Family said:

You understood correctly. Only CURRENT income is used to qualify, thus only ONE ( most recent tax year for you is 2023) is REQUIRED…be it at adjusting in US or consular overseas.

 

Therefore , it’s ok for you to resubmit a new I-864 , indicate OPTION that you are not submitting 3 years as I assume you did and include once again ALL financial docs :

1. Current paystubs ( cover 3 months )

2. Verification of Employment Letter ( optional, if you can get it..otherwise don’t stress)

3. W-2 for 2023 

4. IRS tax transcripts for 2023 ( free online and usually instant )

5 Copy of 1040  Federal Tax Return as filed 

 

Draft a simple Cover Letter As Response to RFE . Use their own template as guide . State RFE was issued in error as Petitioner /Sponsor meets  ALL income qualification criteria and complete financial documentation was originally submitted at filing. Say you are enclosing newly executed I-864 , updated employment and tax records , in an abundance of caution.

 

I confess , I get a mild headache every time I read people propagating the 3 year myth ..just cause some rogue consular officer “ said so” and that person did not push back! 
‘Where is @pushbrk when I need an aspirin 😂

‘Current income is King and rules…

 

 

 

 

This was such a detailed and helpful comment. I cannot thank you enough for just how much this gave me and my wife clarity and support. Thank you so much!!

[LowSerotonin 5]

On 12/26/2024 at 1:41 PM, Edward and Jaycel said:

Did you also provide proof of current income for your wife? This is also very important.

 

On 12/26/2024 at 2:26 PM, Liam2021 said:

Did employment verification letter submitted?

A current W2 is not enough.

Yes, we provided both in our initial application.

[LowSerotonin 5]

On 12/26/2024 at 10:18 PM, pushbrk said:

I'm not Family's aspirin supplier but I did notice three things in the RFE that got my attention.  "Properly completed" and "proper household size, and then the mention of which numbers to enter from the tax return.  

 

I would start over, by becoming an A-Student of the I-864 and it's separate instructions.  Then use an Adobe product, like Adobe reader to complete the new form.  Get the household size correct, by not entering a 1 as the number of people being sponsored, and then another 1 for spouse.  If you are sponsoring your spouse, they are already counted as the immigrant.  Enter 0 in the spouse blank, and let the form calculate the household size properly.  In the tax section, enter the "total income" number from any/all tax returns that have been filed in the last three years.  If there are only one or two, that's ok.  It is year end.  Any ONE current pay stub will  serve to show current income and year to date income as well.  Calculate current income buy using the gross income number for a full pay period, times the number of pay periods in a full year.  Example, every two weeks is 26 pay periods, not 24.

 

The most important of the three things actually covers the other two as well.  "Properly completed" is the key.  I would say there are two or three errors in completion that are causing the problem. It's not that the sponsor doesn't qualify.  The problem is they can't make a decision because the improperly completed form.

Thank you so much kind sir! We will definitely follow this advice in our new form! I just had a quick clarification regarding the household size; I am a bit confused on this part. You said, "by not entering a 1 as the number of people being sponsored." I understand entering 0 in the spouse, but shouldn't she write down 1 in the sponsoring section?

Edited December 29, 2024 by LowSerotonin

[Family 4,110]

52 minutes ago, LowSerotonin said:

Thank you so much kind sir! We will definitely follow this advice in our new form! I just had a quick clarification regarding the household size; I am a bit confused on this part. You said, "by not entering a 1 as the number of people being sponsored." I understand entering 0 in the spouse, but shouldn't she write down 1 in the sponsoring section?

Yes, you are entering 1 for sponsored immigrant ( part 5, item 1) and 0 for her in item 3. 

[LowSerotonin 5]

1 minute ago, Family said:

Yes, you are entering 1 for sponsored immigrant ( part 5, item 1) and 0 for her in item 3. 

Thanks for the clarification! You guys have been super helpful I don't even know what to say.

Truly, thank you so much, and I hope you guys all have a beautiful and happy new year!

[pushbrk 13,028]

1 hour ago, LowSerotonin said:

Thank you so much kind sir! We will definitely follow this advice in our new form! I just had a quick clarification regarding the household size; I am a bit confused on this part. You said, "by not entering a 1 as the number of people being sponsored." I understand entering 0 in the spouse, but shouldn't she write down 1 in the sponsoring section?

What I said was not to to both, and to enter zero for spouse.  Yes, do enter 1 for the number of immigrants being sponsored.

 

[LowSerotonin 5]

On 12/26/2024 at 8:52 PM, Family said:

You understood correctly. Only CURRENT income is used to qualify, thus only ONE ( most recent tax year for you is 2023) is REQUIRED…be it at adjusting in US or consular overseas.

 

Therefore , it’s ok for you to resubmit a new I-864 , indicate OPTION that you are not submitting 3 years as I assume you did and include once again ALL financial docs :

1. Current paystubs ( cover 3 months )

2. Verification of Employment Letter ( optional, if you can get it..otherwise don’t stress)

3. W-2 for 2023 

4. IRS tax transcripts for 2023 ( free online and usually instant )

5 Copy of 1040  Federal Tax Return as filed 

 

Draft a simple Cover Letter As Response to RFE . Use their own template as guide . State RFE was issued in error as Petitioner /Sponsor meets  ALL income qualification criteria and complete financial documentation was originally submitted at filing. Say you are enclosing newly executed I-864 , updated employment and tax records , in an abundance of caution.

 

I confess , I get a mild headache every time I read people propagating the 3 year myth ..just cause some rogue consular officer “ said so” and that person did not push back! 
‘Where is @pushbrk when I need an aspirin 😂

‘Current income is King and rules…

 

 

 

 

If I may ask one more question, I was wondering if you could clarify this part you said "indicate OPTION that you are not submitting 3 years".

If we are not submitting 3 years' worth, should we answer Part 6 Question 15 as No? Or do we answer Yes and just type N/A for the years we are not providing evidence for below?

[Family 4,110]

12 minutes ago, LowSerotonin said:

If I may ask one more question, I was wondering if you could clarify this part you said "indicate OPTION that you are not submitting 3 years".

If we are not submitting 3 years' worth, should we answer Part 6 Question 15 as No? Or do we answer Yes and just type N/A for the years we are not providing evidence for below?

Your wife worked /filed for last 2 years only, as you stated. So it’s ok for # 15 to be No , list current year figures in 16 an and N/A to other 2 fields (16b, 16c)

 

Marking  15 as yes, would be fine as well cause she technically filed when /what was required and 1 of the 3 years, there was no income, thus no requirement ..but I prefer simplicity

[LowSerotonin 5]

4 minutes ago, Family said:

Your wife worked /filed for last 2 years only, as you stated. So it’s ok for # 15 to be No , list current year figures in 16 an and N/A to other 2 fields (16b, 16c)

 

Marking  15 as yes, would be fine as well cause she technically filed when /what was required and 1 of the 3 years, there was no income, thus no requirement ..but I prefer simplicity

Thank you very much for the clarification. We will mark it as No and proceed with it!

[pushbrk 13,028]

39 minutes ago, LowSerotonin said:

Thank you very much for the clarification. We will mark it as No and proceed with it!

Your questions indicate perhaps you left out doing the part I advised about becoming an A-Student of the form and its instructions.  That's how you got in this spot to begin with.  I gave suggestions about the most likely mistakes.  There could be more. You'll only know if you do the homework.  Also, read questions carefully, interpret literally, and answer accurately. If your answer isn't true, it's wrong.  If your household size wasn't right, you made a mistake.  This is the most difficult form in the process to complete correctly.