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Filed: K-1 Visa Country: France
Timeline
Posted

We have received an RFE for I-864, Affidavit of Support yesterday.

My husband is my sponsor and has been making over the poverty guideline for the past 3 years (2021-2023). On my USCIS online account, USCIS uploaded a scanned version of our I-864 and all the supporting documents we have provided with it so we are able to double check what we have sent them. We used the last version of the form, we sent all pages, the form is signed, the household size is correct (2 as it is only my husband and I, no kids).

In 2023, he made 63k, in 2022, 60k and in 2021 51k. All of this in NY state. We proved this with the IRS tax transcripts for these years. Now we are in California where our current household income (only his) is 120k. We supported this amount with 7 months of paystub, his contract and employer letter and 2024 W2s.

Yet we received this very generic RFE (see attached) and are pretty confused about it. I compared this RFE to other I-864 related RFEs on this forum and reddit and it seems that everyone is kind of getting the same. I saw some RFEs saying specifcally that the I-864 had a deficiency that needed to be addressed (and our RFE does not say this). I have attached a copy of the RFE we got if it can help.

 

My husband and I are wondering whether they are expecting us to provide a 2024 IRS tax transcript? Our Package delivery date is February 10th and at this time my husband had not filed is taxes for 2024 yet. He is planning on filing his 2024 taxes and send them the transcript when ready. Also should we list our assets (even though we should not be required to do that because he exceeds the 125% poverty guidelines) or get a joint sponsor (again I do not see why we would need one)? We were also wondering if the current housefold income (we listed 120k should match the 2023 IRS atx transcript which was 63k)? Should we resubmit the whole I-864 form or just tax transcripts?

 

Thank you for your help!

 

 

 

 

 

Request_for_evidence_affidait_of_support_VJ-1.png

Request_for_evidence_affidait_of_support_VJ-2.png

Request_for_evidence_affidait_of_support_VJ-3.png

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
16 minutes ago, Simsimba said:

We proved this with the IRS tax transcripts for these years

Exactly what transcripts did you provide? Tax return transcripts, or tax account transcripts?

 

Are you 100% sure he did not count you twice?

 

Has he ever sponsored another person before?

18 minutes ago, Simsimba said:

We were also wondering if the current housefold income (we listed 120k should match the 2023 IRS atx transcript which was 63k)?

No, don't make anything "match". Do his paystubs and contract state that in 2024 he is expected to make 120k?

 

Did he provide proof of US citizenship?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: K-1 Visa Country: France
Timeline
Posted (edited)
10 hours ago, OldUser said:

Did he provide proof of US citizenship?

Yes he did!

 

10 hours ago, Rocio0010 said:

Exactly what transcripts did you provide? Tax return transcripts, or tax account transcripts?

So that's what we might have done wrong. We provided tax account transcripts and the request for evidence asks for tax return transcript. Thank you for pointing it out. I am not very familiar with American IRS but it seems that for the Affidavit of support you either need:

  • Tax RETURN Transcript for the most recent available tax year; OR
  • Form 1040 U.S. Individual Income Tax Return submitted to the IRS + The W2s for that same tax year

Am I correct?

10 hours ago, Rocio0010 said:

Are you 100% sure he did not count you twice?

Yes from the scanned I-864, I was only counted once.

 

10 hours ago, Rocio0010 said:

Has he ever sponsored another person before?

Did he provide proof of US citizenship?

Never sponsored anyone else before and yes we provided a copy of his American passport (also scanned by USCIS on my online account)

Edited by Simsimba
typo
Filed: AOS (pnd) Country: Philippines
Timeline
Posted
13 hours ago, Simsimba said:

We provided tax account transcripts

You figured it out... This is the reason for the RFE.

 

13 hours ago, Simsimba said:
  • Tax RETURN Transcript for the most recent available tax year; OR
  • Form 1040 U.S. Individual Income Tax Return submitted to the IRS + The W2s for that same tax year

 

This is correct. USCIS highly prefers the Tax Return Transcripts over the 1040 + W-2s/1099s

K1 Visa
EventDate

Service Center: California Service Center

Consulate: Manila, Philippines

I-129F NOA1: 2023-09-20

I-129F NOA2: 2024-06-11

US Entry: 2024-08-30

Marriage: 2024-10-25

 

Adjustment of Status

CIS Office: Denver CO

Date Filed: 2024-11-18

NOA Date: 2024-11-21

RFE(s) :

Bio. Appt.: 2024-12-26

 

Employment Authorization Document

Event/Date

CIS Office: NBC

Date Filed: 2024-11-18

Bio. Appt.: 2024-12-26

Approved Date: 2025-01-08

Date Card Received: 2025-01-18

Comments: Card Produced 2025-01-15
Estimates/Stats: Your EAD was approved in 51 days.

 

Comments : Phoenix, AZ LockBox - NOA1 Received in mail 12/02/24 - Biometrics completed 12/26/24 - I-765 Approved 01/08/2025 - EAD Card Received 01/18/2025

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
On 3/2/2025 at 2:38 AM, Simsimba said:

We provided tax account transcripts and the request for evidence asks for tax return transcript. Thank you for pointing it out.

Yep. Ask me how and why I got my one and only RFE six years ago!!! And that's exactly how I created my VisaJourney account. Let me find the post and paste it here. 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Found it! 

 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
1 hour ago, Simsimba said:

Thank you so much for your inputs! We replied yesterday with the RFIE letter and the 2021-2023 RETURN transcripts! Today I had my biometrics and they are now actively working on my case... 🙏🤞

 

Brilliant news. Really pleased to hear that. Come back in a few months and let us know how you get in.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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