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Filed: K-1 Visa Country: Sweden
Timeline
Posted (edited)

Hi, I have been lurking on the forum and this is my first post after having trouble getting my account set up!  I was curious if anyone filing AOS in December received a RFE for their I-864?  I did even though I make consistently more than 125% for the poverty level.  The RFE had generic verbiage on the first page about meeting this guideline and then the second page was more specific stating the form needed to be signed (which I did) and of the latest edition date.  They also want a copy of my entire federal tax return for last year even though I sent them IRS transcripts for the last 3 years.  I did screw up the household size because the form self populated #1 when it should have done the math and made it 2.  I will have to correct that by hand.  Finally they mention making sure the petitioner's SSN is on the form which I know mine was.

 

Any thoughts on this?  Attached is the RFE.  They received my I-864 on 12/10/2024.  When I went online to fill out a new one, I see the latest form came out 12/17/2024!  I think they are holding that part against me.

 

Other than giving them a new I-864 signed in the latest version, with my SSN and copy of my last year Federal Income tax, do you think I need to do anything else to satisfy the RFE?

 

Thanks in advance!  (I'll fill out more of my timeline when I have time to pull out my paperwork 😉 )

 

Edited by Ban Hammer
Posted
2 minutes ago, CharlieAndCece1 said:

Hi, I have been lurking on the forum and this is my first post after having trouble getting my account set up!  I was curious if anyone filing AOS in December received a RFE for their I-864?  I did even though I make consistently more than 125% for the poverty level.  The RFE had generic verbiage on the first page about meeting this guideline and then the second page was more specific stating the form needed to be signed (which I did) and of the latest edition date.  They also want a copy of my entire federal tax return for last year even though I sent them IRS transcripts for the last 3 years.  I did screw up the household size because the form self populated #1 when it should have done the math and made it 2.  I will have to correct that by hand.  Finally they mention making sure the petitioner's SSN is on the form which I know mine was.

 

Any thoughts on this?  Attached is the RFE.  They received my I-864 on 12/10/2024.  When I went online to fill out a new one, I see the latest form came out 12/17/2024!  I think they are holding that part against me.

 

Other than giving them a new I-864 signed in the latest version, with my SSN and copy of my last year Federal Income tax, do you think I need to do anything else to satisfy the RFE?

 

Thanks in advance!  (I'll fill out more of my timeline when I have time to pull out my paperwork 😉 )

Request for Evidence.pdf 64.03 kB · 1 download


If you see this in time to edit it, please remove the attachment - it’s still got your address/case number/full name on it! Please upload a redacted version instead. 

Posted (edited)

Page 1 is about how to provide evidence for a JOINT SPONSOR not the original sponsor. If you DO NOT HAVE ONE, it may indicate that you may have checked a box saying you DID have one. Check for that. 

It may also just be instructions because you have not proven the OS meets the poverty guidelines.

 

This is where you may have screwed up as these are the instructions for the ORIGINAL SPONSOR keeping in mind that it's generic:

 

"If you have submitted Form I-864, Affidavit of Support, from the petitioning sponsor. We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. A valid

signature consists of any handwritten mark or sign made by an individual, and does not include

signatures created by a typewriter, word processor, stamp, auto-pen, or similar device."

 

ENSURE that the PEN used does not look like it was printed by a device.

An easy was to do that is to use a UNIQUE, thin pen to sign. 

 

"All pages must be

present and of the latest edition date."

 

Missing pages is common. Double check. 

There is a grace period for new forms. It states that on the forms page under edition date. You can look for it yourself and see that's likely not the issue. 

 

"Provide the petitioning sponsor's Social Security Number on Form I-864."

 

Double check. Also, double-check it matches the proof of filing taxes and any other financial proofs.

 

"Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864."

 

 

At least this mistake is for certain. Ensure it is the only one. 

 

"Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting

tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax

year."

 

Are you sure you submitted the correct RETURN Transcript? This section indicates either an error in form OR an error in transferring amounts to your I864 from your financial documents.

Is the OS employer or self employed? The difference between what income each can use is HUGE and always mistaken. 

Is the tax return the only proof you submitted or did you over submit and submit other financial evidences and perhaps not put those amounts in the correct boxes?

A copy of your I864 coverletter showing what you submitted would be helpful for us to help you. 

Edited by K1visaHopeful
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

original post edited to remove attachment with PII on it.
member is free to obscure the PII and reupload it.

charles
vj moderation

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Filed: K-1 Visa Country: Sweden
Timeline
Posted

Thank you for removing the RFE...I didn't think about the personal info still being on it!  I will obscure it and reload when I get home from work.  I made sure my SSN was on the form.  I filled it out in Adobe Acrobat and then hand signed the form.  That is how the household size got messed up.  Now that I think of it, I should probably list my son as a dependent as well because I can put him on my taxes even though he is 18 and in college and not living at home all the time.  Maybe that is why they wanted to see my full federal tax documents?  The tax transcripts I sent were direct from the IRS website.  I did over send information.  I made sure the adjusted gross income amounts were what I used to show as the income for each year.  Attached is the cover letter I sent.  I have worked at my job over 25 years and make 80k/year so I am qualified just based on income even though I sent them extra financial information.  I even included a letter from my employer and 6 months of pay stubs.

I864 cover letter.pdf

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
26 minutes ago, CharlieAndCece1 said:

The tax transcripts I sent were direct from the IRS website.

 

The IRS website offers different types of transcripts. USCIS requires that you send the "Tax Retuen Transcript". Check your copies and make sure that's what you sent them originally.

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
On 1/3/2025 at 7:55 AM, CharlieAndCece1 said:

Thank you for removing the RFE...I didn't think about the personal info still being on it!  I will obscure it and reload when I get home from work.  I made sure my SSN was on the form.  I filled it out in Adobe Acrobat and then hand signed the form.  That is how the household size got messed up.  Now that I think of it, I should probably list my son as a dependent as well because I can put him on my taxes even though he is 18 and in college and not living at home all the time.  Maybe that is why they wanted to see my full federal tax documents?  The tax transcripts I sent were direct from the IRS website.  I did over send information.  I made sure the adjusted gross income amounts were what I used to show as the income for each year.  Attached is the cover letter I sent.  I have worked at my job over 25 years and make 80k/year so I am qualified just based on income even though I sent them extra financial information.  I even included a letter from my employer and 6 months of pay stubs.

I864 cover letter.pdf 250.7 kB · 5 downloads

 

Hi Charlie,

 

I was interested to read through your covering letter.

 

It mentions including your birth certificate and passport. Is it necessary to include both? I thought just providing one was sufficient to prove citizenship.

 

Were you advised that including the value of your retirement fund might help your case?

 

Kind regards,

 

Lee

Filed: K-1 Visa Country: Sweden
Timeline
Posted

Hi Lee,

 

I was just over sharing hoping that this form was going to breeze through so I gave them multiple sources so they would not question anything.  Unfortunately that didn't work out for me since I still got the RFE but I'm pretty sure the error on household size is really causing a lot of this now that I keep looking at it.  I'm sure your birth certificate is fine to prove citizenship.  I added my retirement and bank balances to go "above and beyond" not needing them to be over the 125% poverty level but again hoping it would keep them happy and not want more info delaying the process.  The I-864 form version I filled out said that section was "optional" so I did it.  The newest version specifically says if you meet the requirement on income don't fill out section 7 and go right to section 8.  I hope this helps!

 
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