RFE for I-864

[Edward and Jaycel 1,260]

3 minutes ago, Rachel n Tyler said:

So should I base the current income on the paystubs

This.... This is your current income. The "Total Income" amounts from the tax return transcripts go in Part. 6, Items 16.a. - 16.c. if you are including all 3 of the most recent tax years

[Rachel n Tyler 202]

2 minutes ago, OldUser said:

Current income

Alright, that’ll take some work then. Because he gets paid biweekly and the number is so different each paycheck. This is just so confusing. 😪

[Edward and Jaycel 1,260]

3 minutes ago, Rachel n Tyler said:

Because he gets paid biweekly and the number is so different each paycheck

 

Is this because his hours worked varies?

[Rachel n Tyler 202]

1 minute ago, Edward and Jaycel said:

 

Is this because his hours worked varies?

Occasional overtime yes

[ScarletWitch6x 114]

I would get a letter from his employer. My pay varies month to month depending on commissions but I only submitted a letter for my guaranteed base salary. I used the exact number from the employer letter so that everything matched. 
 

 

[Rachel n Tyler 202]

2 minutes ago, ScarletWitch6x said:

I would get a letter from his employer. My pay varies month to month depending on commissions but I only submitted a letter for my guaranteed base salary. I used the exact number from the employer letter so that everything matched. 
 

 

What would the letter state? Because he’s paid hourly, not salary, so it’s based on his location etc, if they move him to another site (security), so I’m not sure if they can even give a number for it

[Edward and Jaycel 1,260]

5 minutes ago, ScarletWitch6x said:

I would get a letter from his employer. My pay varies month to month depending on commissions but I only submitted a letter for my guaranteed base salary. I used the exact number from the employer letter so that everything matched. 
 

 

 

Yes this if he can get one. Even if he can get it, still include the paystubs and take the gross earnings from just the straight time and multiply it by the number of pay checks per year. As long as the paystubs add up to the same amount or more than the current income, it will be ok. I put what my base salary was despite my paystubs adding up to more than that because of bonuses, etc.

Edited April 14 by Edward and Jaycel

[Edward and Jaycel 1,260]

To me, this is the most telling part of the RFE. 

 

 

[K1visaHopeful 2,965]

What DOCUMENT did your Current Income as listed in Part 6, Q7 come from? 

 

The only options are as an EMPLOYED sponsor:

1. A. The total income on your 2023 tax RETURN Transcript IF you filed your I864 before April 15th 2025 and have not filed 2024 taxes yet. Your 2023 Return Transcript is your document to submit to fulfill the proof. W2s are NOT REQUIRED as the instructions state when you submit a Transcript and will get you an RFE if you do for not following instructions. 

 

OR NOT AND

1. B. The total income on your 2023 FEDERAL actual tax return copy IF you filed your I864 before April 15th 2025 and have not filed 2024 taxes yet. Your 2023 FEDERAL actual tax return copy (ALL pages and schedules, could be many many) AND all Earnings statements for that year too (W2s) are your proof. 

 

OR NOT AND

1. C. The total income on your 2024 Taxes IF you filed I864 before April 15th 2025 AND you WANT TO use 2024 tax reported income BUT you have to have:

I. A copy of your 2024 Return Transcript

OR NOT AND

II. A copy of your 2024 complete FEDERAL tax return (all pages and schedules) AND your W2s. It DID NOT NEED to be accepted or processed. You just needed a copy which you would have gotten the moment you submitted it. 

 

OR NOT AND

2. An employment verification letter (EVL) stating your ESTIMATED ANNUAL earnings that you will make in 2025. You will back this up by submitting the most recent 6 months of paystubs that will BACKUP the estimate your company came up with. 

 

At minimum, your issue is you submitted a W2 for 2024 BUT you did not submit the matching 2024 Complete Federal tax return copy as required in the instructions. 

If you didn't have a copy of your tax return yet, you should not have submitted the W2 as it proves nothing. Now they know you filed and that you want to use 2024 income so you have to prove it.

And once you submit a W2, they'll ask for the corresponding COMPLETE federal tax return for that year and they won't allow you to submit a Transcript instead which runs the HUGE risk of missing a page. 

 

Remedy:

#1 Provide the complete FEDERAL tax return copy (all pages and schedules) AND the corresponding W2 (again). If you wish to put that amount in Part 6 Q7 as current income that's all you need as proofs for that question. Know the RFE is asking for these documents now regardless because you submitted the 2024 W2 in error.

#2 if you wish to use your EVL amount as current income in Part 6 Q7, you'll need to submit that ALSO AND it is recommended to ALSO submit 6 months of current paystubs too as back up. You MUST HAVE AN EVL to submit paystubs. Paystubs are ONLY recommended SECONDARY to the EVL. You cannot use Paystub amounts alone for Part 6 Q7

 

 

MOTS: the numbers in the boxes have to match the documents you provide exactly. They are not estimates. 

For others reading, ill say this time and time again....do not submit useless documents that prove nothing. Only submit documents for the purpose of proving an exact amount you input on the form. And if you have to explain it, DO THAT in the Additional Information section. 

 

 

Edited April 14 by K1visaHopeful

[Rachel n Tyler 202]

6 hours ago, K1visaHopeful said:

What DOCUMENT did your Current Income as listed in Part 6, Q7 come from? 

 

The only options are as an EMPLOYED sponsor:

1. A. The total income on your 2023 tax RETURN Transcript IF you filed your I864 before April 15th 2025 and have not filed 2024 taxes yet. Your 2023 Return Transcript is your document to submit to fulfill the proof. W2s are NOT REQUIRED as the instructions state when you submit a Transcript and will get you an RFE if you do for not following instructions. 

 

OR NOT AND

1. B. The total income on your 2023 FEDERAL actual tax return copy IF you filed your I864 before April 15th 2025 and have not filed 2024 taxes yet. Your 2023 FEDERAL actual tax return copy (ALL pages and schedules, could be many many) AND all Earnings statements for that year too (W2s) are your proof. 

 

OR NOT AND

1. C. The total income on your 2024 Taxes IF you filed I864 before April 15th 2025 AND you WANT TO use 2024 tax reported income BUT you have to have:

I. A copy of your 2024 Return Transcript

OR NOT AND

II. A copy of your 2024 complete FEDERAL tax return (all pages and schedules) AND your W2s. It DID NOT NEED to be accepted or processed. You just needed a copy which you would have gotten the moment you submitted it. 

 

OR NOT AND

2. An employment verification letter (EVL) stating your ESTIMATED ANNUAL earnings that you will make in 2025. You will back this up by submitting the most recent 6 months of paystubs that will BACKUP the estimate your company came up with. 

 

At minimum, your issue is you submitted a W2 for 2024 BUT you did not submit the matching 2024 Complete Federal tax return copy as required in the instructions. 

If you didn't have a copy of your tax return yet, you should not have submitted the W2 as it proves nothing. Now they know you filed and that you want to use 2024 income so you have to prove it.

And once you submit a W2, they'll ask for the corresponding COMPLETE federal tax return for that year and they won't allow you to submit a Transcript instead which runs the HUGE risk of missing a page. 

 

Remedy:

#1 Provide the complete FEDERAL tax return copy (all pages and schedules) AND the corresponding W2 (again). If you wish to put that amount in Part 6 Q7 as current income that's all you need as proofs for that question. Know the RFE is asking for these documents now regardless because you submitted the 2024 W2 in error.

#2 if you wish to use your EVL amount as current income in Part 6 Q7, you'll need to submit that ALSO AND it is recommended to ALSO submit 6 months of current paystubs too as back up. You MUST HAVE AN EVL to submit paystubs. Paystubs are ONLY recommended SECONDARY to the EVL. You cannot use Paystub amounts alone for Part 6 Q7

 

 

MOTS: the numbers in the boxes have to match the documents you provide exactly. They are not estimates. 

For others reading, ill say this time and time again....do not submit useless documents that prove nothing. Only submit documents for the purpose of proving an exact amount you input on the form. And if you have to explain it, DO THAT in the Additional Information section. 

 

 

So if I add the paystubs, I should calculate the income with that. If I don't, I should grab the number from the 2024 tax return, right?

[K1visaHopeful 2,965]

28 minutes ago, Rachel n Tyler said:

So if I add the paystubs, I should calculate the income with that.

No! As the instructions state, you can't ADD paystubs without an EVL. Paystubs are SECONDARY proof not primary.

Your amount in Part6Q7 comes from the amount your employer made up and input ON your EVL as your estimated annual salary/earnings. Six months paystubs only proves you are HEADED IN THE DIRECTION of the amount your employer stated on the EVL. Just like the W2, paystubs are NOT standalone. 

Do not submit paystubs without a properly filled out EVL that states your annual salary/earnings.

IF you submit an EVL, THEN you can help them to do the math If you want FROM your paystubs in the Additional Information section. Ie. I've earned $X in Xnumber of pay periods so far in the year so I'm estimated to earn $X in 52 payperiods in the year. Or you can say nothing at all and just use the amount from your EVL and back it up with 6m current paystubs.

Do you have an EVL? No? Then you can't submit paystubs.

28 minutes ago, Rachel n Tyler said:

If I don't, I should grab the number from the 2024 tax return, right?

 

? If you are choosing 1C. because you now have a 2024 Tax RETURN TRANSCRIPT? (Which in the above comments as far as I've read, you didn't have yet?)

Do you have a 2024 Tax RETURN Transcript now?

Then yes, you can use the amount from the Transcript?

 

Do you NOT have a 2024 return transcript yet? Then you can only use a 2024 complete federal tax return copy including all pages and schedules AND your earnings statements.

 

Please reread what I took the time to write. 

And please review the i864 instructions too.

 

 

 

Edited April 15 by K1visaHopeful

[Rachel n Tyler 202]

2 minutes ago, K1visaHopeful said:

No! As the instructions state, you can't ADD paystubs without an EVL. Paystubs are SECONDARY proof not primary.

Your amount in Part6Q7 comes from the amount your employer made up and input ON your EVL as your estimated annual salary/earnings. Six months paystubs only proves you are HEADED IN THE DIRECTION of the amount your employer stated on the EVL. Just like the W2, paystubs are NOT standalone. 

Do not submit paystubs without a properly filled out EVL that states your annual salary/earnings.

IF you submit an EVL, THEN you can help them to do the math If you want FROM your paystubs in the Additional Information section. Ie. I've earned $X in Xnumber of pay periods so far in the year so I'm estimated to earn $X in 52 payperiods in the year. Or you can say nothing at all and just use the amount from your EVL and back it up with 6m current paystubs.

Do you have an EVL? No? Then you can't submit paystubs.

 

? If you are choosing 1C. because you now have a 2024 Tax RETURN TRANSCRIPT? (Which in the above comments as far as I've read, you didn't have yet?)

Do you have a 2024 Tax RETURN Transcript now?

Then yes, you can use the amount from the Transcript?

 

Do you NOT have a 2024 return transcript yet? Then you can only use a 2024 complete federal tax return copy including all pages and schedules AND your earnings statements.

 

Please reread what I took the time to write. 

And please review the i864 instructions too.

 

 

 

He filed the taxes last weekend, so I didn't have them at the time of filing, but I do now, so that's why I didn't add it then. I'll take some time to reread I-864, the last time I read it was in January (and skimmed it earlier), so I might've missed something. But we didn't add the paystubs before, so that's probably why I didn't save the info on the EVL. Thanks for your help, it's hard to read through all of it when you're disappointed lol

[K1visaHopeful 2,965]

Please know I'm answering for everyone reading because many make these miniscule but catastrophic mistakes.

23 minutes ago, Rachel n Tyler said:

He filed the taxes last weekend, so I didn't have them at the time of filing,

If you didn't file 2024 taxes yet when you filed AOS, there would be no reason to show your 2024 tax info UNLESS the tax year has rolled over when you filed AOS. Up until April 15th 2025, the tax year is 2023. You are not required to submit anything tax related for 2024 until after then UNLESS YOU WANT TOO and IF you want to your tax proof must be COMPLETE. A W2 alone is not a Complete tax proof. 

23 minutes ago, Rachel n Tyler said:

but I do now, so that's why I didn't add it then.

You didn't need to add it then. You were never required to submit anything tax related for 2024 until April 15th 2025. Your error was submitting your 2024 W2 AT ALL.

23 minutes ago, Rachel n Tyler said:

I'll take some time to reread I-864, the last time I read it was in January (and skimmed it earlier), so I might've missed something. But we didn't add the paystubs before, so that's probably why I didn't save the info on the EVL. Thanks for your help, it's hard to read through all of it when you're disappointed lol

 

Please please please read through those instructions to gain clarity. 

Ensure you understand what a complete federal tax return copy consists of because unfortunately now that you've submitted your 2024 W2 in error, they won't allow a simple transcript. You'll be required to submit a complete return copy without missing pages to satisfy that part of the RFE.

If you're going to use an EVL for c current income (can't tell if you are still) ensure it contains your start date, estimated annual income AND it's on official company letterhead. Ensure you read the part of the instructions that state EVL is primary and paystubs are secondary/optional and no less than 6 months. 

Edited April 15 by K1visaHopeful

[Rachel n Tyler 202]

Just now, K1visaHopeful said:

Please know I'm answering for everyone reading because many make these miniscule but catastrophic mistakes.

If you didn't file 2024 taxes yet when you filed AOS, there would be no reason to show your 2024 tax info UNLESS the tax year has rolled over when you filed AOS. Up until April 15th 2025, the tax year is 2023. You are not required to submit anything tax related for 2024 until after then UNLESS YOU WANT TOO and IF you want to your tax proof must be COMPLETE. A W2 alone is not a Complete tax proof. 

You didn't need to add it then. You were never required to submit anything tax related for 2024 until April 15th 2024. Your error was submitting your W2 AT ALL.

 

Please please please read through those instructions to gain clarity. 

Ensure you understand what a complete federal tax return copy consists of because unfortunately now that you've submitted your 2024 W2 in error, they won't allow a simple transcript. You'll be required to submit a complete return copy without missing pages to satisfy that part of the RFE.

If you're going to use an EVL for c current income (can't tell if you are still) ensure it contains your start date, estimated annual income AND it's on official company letterhead. Ensure you read the part of the instructions that state EVL is primary and paystubs are secondary/optional and no less than 6 months. 

Yeah I wish I read it more thoroughly now. So that sucks. But honestly, the instructions are so vague in my opinion.
Like this for example, regarding current income: 'For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months.'
I read the 'you may also' as you can do them mutually exclusively, not have to do both. But that might be me being foreign? I don't know. I think I won't use the paystubs, because I'll have to get the letter and that's just gonna take time (plus I have to let my husband do it and I hate not doing it myself) so I'll use the complete tax return copy. I'll look into what that will be, because I currently only have the tax return transcript with like 6 pages.  I don't want to mess this up.
 

[K1visaHopeful 2,965]

1 minute ago, Rachel n Tyler said:

Yeah I wish I read it more thoroughly now. So that sucks. But honestly, the instructions are so vague in my opinion.
Like this for example, regarding current income: 'For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary.

 

It's saying they will accept a letter to prove your income because they know it's more current than tax reported income during the majority of the year. Its saying an EVL is more current so you may use it as an option to prove current income

1 minute ago, Rachel n Tyler said:

You may also provide pay stubs showing your income for the previous six months.'
I read the 'you may also' as you can do them mutually exclusively, not have to do both. But that might be me being foreign?

"Also" indicates they are secondary option to the EVL. They would have appeared together as an "or" if exclusive. "Also" indicates "and" not "or".

"May" indicates that either are optional to using tax return income.

Paystubs may be even MORE current than what an employer may estimate and be ACTUALso they are a package together if you do wish to use paystubs "also".

1 minute ago, Rachel n Tyler said:

I don't know. I think I won't use the paystubs, because I'll have to get the letter and that's just gonna take time (plus I have to let my husband do it and I hate not doing it myself) so I'll use the complete tax return copy. I'll look into what that will be, because I currently only have the tax return transcript with like 6 pages.  I don't want to mess this up.
 

How did you file taxes? 

Your tax filer is required to give you a copy immediately upon submission. 

That's why I didn't understand why you don't have one already.