RFE That makes no sense

[riuthamus 7]

So we submited our package late Jan and we just got an RFE back stating some very odd things. I have linked the RFE's at the bottom of this post.

1) It asks for a Federal Income Tax Return from me for this year. I have done so and it was attached to the original document we sent. I have no clue why they are asking this... I plan to resubmit 2010/2011/2012 and now 2013 just in case they are curious. ( I just filed 2013 a few weeks ago )

2) It says my income does not meet the poverty guidline ( although it clearly does as I am a E6 in the USN ) and then asked for me to submit evidence of me being paid. They stated that I did not submit this evidence although I gave them a copy of my last 5 LES's which shows my time in the navy, job type, and how much I get paid each month. By showing them the last 6 it shows 6 months of the same pay coming from my household. The things they are asking for such as "letter of employment, dates of employment, nature of the job, wages or salary earned, number of hours per week, prospect for future employment/advancement, and evidence of income" all are covered in the LES. I am not sure what else they want me to do as it is very unlikely I can go to my CO and say "Sir, can you please sign this document stating the ( previously listed things ) are true?" He would look at me and go "What is this for son?".

3) It asks for household members income ( i assume this is my wife ). She has 0... she just moved here and i stated that on the document we submited. Maybe I was not suppose to put her on that as they assume she is now part of the household twice? Logic would suggest they would realize that and just clear her..... but they asked for anybody that was reliant upon me which is her. The following two documents are also related to household members information, assuming I filled that part out wrong I need to redo it and those will be cleared?

Any guidance on this would be greatly appreciated as when i called they more or less told me to go seek legal advice. I do not have the option to see a legal person at this point as I am re-deployed for a few more weeks. I want to ensure we get this taken care of....so any and all help would be appreciated. Thanks again.

[Harpa Timsah 13,258]

Are you sure that the tax return you sent was complete? Did it have all W2s, 1099s, schedules, and everything in a paper return?

Something was wrong with your tax return, so they ask you for your wife's income and say you don't make the poverty line etc. The real issue is the tax return, if you can fix that then the other issues will go away as well (they are dependent on the first).

[riuthamus 7]

Hm... ill have to see but yeah I am 100% sure i submitted the full tax return. My 2012 was not the original one submitted. It was a script sent to us by registered mail from the IRS because TurboTax does not keep electronic records of military filed tax returns and there is no way to get the original that was filed. So i petitioned the IRS for a copy and they gave me that which worked for our original K1. I submitted that exact same one to the AOS people. Perhaps they dont like that? Maybe with the 2013 submitted it wont matter. Thanks for the heads up and quick response. I am trying to contact the T2 people right now but I have been on hold for almost 30 min now.

[Princesa Ruth 1]

I got an RFE too. Did you file an income tax return jointly with your wife? because that's what I and my husband would do after I get my green card as some of the members here advised me to do so. Anyway about your thing, We got the same thing, although we thought that we submitted all the required evidence but when we went for our infopass there are things that we forgot to submit. if you have cars or any things that can be converted into money, you can add that too, copy of the title of your car and I suggest use the kelley bluebook for checking the price of your car as advised by the officer in charge with my infopass. If you think you have done mistake on the filing of I-864 then redo and submit it again together with the letter that you got. I suggest that please try to get an infopass for you to have more clearer understanding. take a copy of everything that you submitted for AOS in your interview for info pass so that the interviewer can give you more clearer answer and exact thing you need to do. tax return for 2012 should be filed jointly even if your wife is currently not working.

[riuthamus 7]

Where do you file an infopass? And when i submitted my 2012 she was not married to me so no I did not have her on my tax return. 2013 I did add her to my tax return because she was here and has been here for the 3 months. I am not sure that we could have claimed anything else and even if I dont claim anything else the navy gives me money for her to be with me so its not like a normal job where i have to make enough to pay for my wife. ( perks i guess but they come with a cost ) Anyway I will try to get an infopass and hope that I get it before our time expires.

[Princesa Ruth 1]

you can file an infopass online. where do you live currently, what state are you in? try to visit this link http://infopass.uscis.gov/

find the phrase "click here for English" and the journey begins for your infopass. you'll get an appointment that you should print the page and carry it with you on your date of appointment in your local office of homeland security department.

Where do you file an infopass? And when i submitted my 2012 she was not married to me so no I did not have her on my tax return. 2013 I did add her to my tax return because she was here and has been here for the 3 months. I am not sure that we could have claimed anything else and even if I dont claim anything else the navy gives me money for her to be with me so its not like a normal job where i have to make enough to pay for my wife. ( perks i guess but they come with a cost ) Anyway I will try to get an infopass and hope that I get it before our time expires.

Edited February 21, 2013 by Princesa Ruth

[CajunKitty 8]

Where do you file an infopass? And when i submitted my 2012 she was not married to me so no I did not have her on my tax return. 2013 I did add her to my tax return because she was here and has been here for the 3 months. I am not sure that we could have claimed anything else and even if I dont claim anything else the navy gives me money for her to be with me so its not like a normal job where i have to make enough to pay for my wife. ( perks i guess but they come with a cost ) Anyway I will try to get an infopass and hope that I get it before our time expires.

Did you meant you submitted your 2011 return and not 2012? Because you said you added her to your 2013 return, 2013 is not due until next year.. Based on your timeline you got married Dec. 2012 so that means you will be filling or filed your 2012 taxes as married this year..

Edited February 21, 2013 by CajunKitty

[riuthamus 7]

Uh... yeah, sorry i submited the 2012 just recently, and the 2011 was the one that she was not on and that was an IRS Transcript, the 2010 and 2009 were originals. The lady on the phone said that if it was accepted for the K1 it should be accepted for them but she said to send a letter with my resubmitted package stating what happened and why

[UK-USA-K1 128]

Sounds to me like they want to see your current tax return to insure you filed as married. So far you only filed as single on your returns. By sending in the new tax form as married, that should help them believe that you are in fact married and may be exactly what they are looking for. I am far from this process, but I have read up on all of this through these forums and the government websites, and it seems that they do want to see your tax form with you filing married for your Adustment of Status from K-1 Visas.

[riuthamus 7]

Hm.. well than the 2012 will be the one that they are looking for.

[CajunKitty 8]

I guess they lost some of your documents that's why they asked for it again.. It happens all the time, people do get RFE for documents they've already submitted.. Just submit everything they asked on the RFE letter and you should be good to go!

Edited February 22, 2013 by CajunKitty

[riuthamus 7]

Thanks guys, it is comforting to have such a big support group.

[VanessaTony 3,567]

First, this is an RFIE (request for initial evidence), this means they did NOT get your initial evidence, not that they're asking for more evidence. This means you forgot to include your most recent return, or it's missing, or they didn't see it, or it wasn't complete.

1. The 2011 return is the "most recent tax year" until April 15, 2013. if you have 2012, submit that as well. Order Tax Return Transcripts from the IRS here: http://www.irs.gov/Individuals/Order-a-Transcript or go in to an IRS office. Make sure it's a "Tax RETURN Transcript", not an account transcript.

2. Did you submit a letter from your employer? It is a requirement per USCIS here: http://www.uscis.gov/i-864

All sponsors must submit the following documentation with their I-864:

- Proof of current employment or self employment

- A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

They said the amount you wrote says you meet the guidelines, but you've shown no proof of that income (which implies to me, letter from employer). I googled LES and it means "Leave and Earnings Statement" and you're saying you included the last 5 of those, but that's not proof of all the things you listed. A letter from employer should solve that.

3. How exactly did you write the household count on your I-864? Your wife is not your wife on the form, she's the immigrant. Your household count should only be 2 (unless you have kids). You didn't write her name in 24(b) did you? D and E should have been un-ticked/unmarked, that's what you did right?

[riuthamus 7]

First, this is an RFIE (request for initial evidence), this means they did NOT get your initial evidence, not that they're asking for more evidence. This means you forgot to include your most recent return, or it's missing, or they didn't see it, or it wasn't complete.

1. The 2011 return is the "most recent tax year" until April 15, 2013. if you have 2012, submit that as well. Order Tax Return Transcripts from the IRS here: http://www.irs.gov/Individuals/Order-a-Transcript or go in to an IRS office. Make sure it's a "Tax RETURN Transcript", not an account transcript.

2. Did you submit a letter from your employer? It is a requirement per USCIS here: http://www.uscis.gov/i-864

They said the amount you wrote says you meet the guidelines, but you've shown no proof of that income (which implies to me, letter from employer). I googled LES and it means "Leave and Earnings Statement" and you're saying you included the last 5 of those, but that's not proof of all the things you listed. A letter from employer should solve that.

3. How exactly did you write the household count on your I-864? Your wife is not your wife on the form, she's the immigrant. Your household count should only be 2 (unless you have kids). You didn't write her name in 24(b) did you? D and E should have been un-ticked/unmarked, that's what you did right?

All of what you said sounds good, except for the letter of employer. I am curious how I am suppose to get that. i cant write the US government and ask for a letter of employment. I am in the United States Navy and thats what an LES shows. I can submit orders but when I asked to do that previously the people said they did not and they had no problems. So... kinda at a loss for that part, I will check the Affidavit and find out what I put in block 24, that part was confusing as the wording seemed off.

[VanessaTony 3,567]

All of what you said sounds good, except for the letter of employer. I am curious how I am suppose to get that. i cant write the US government and ask for a letter of employment. I am in the United States Navy and thats what an LES shows. I can submit orders but when I asked to do that previously the people said they did not and they had no problems. So... kinda at a loss for that part, I will check the Affidavit and find out what I put in block 24, that part was confusing as the wording seemed off.

You are not the only person on this forum who is or has been military. That's why there's a military forum... so there are other military members who have been able to conform with the requirements. You're not asking "the government" you're effectively asking HR. You don't write "the US Government" you ask your CO about it. It's possible to get one (or someone here will know of an alternative) and you need to try because this is AOS... If you do NOT successfully reply to this RFIE it will be denied and you will need to either appeal or re-file. Refiling means paying the fees, getting a medical etc, all over again.