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

[pushbrk 13,011]

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 21 hours ago by pushbrk

[Family 4,068]

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 13,011]

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.