2nd RFE please help..

[gb20792 6]

So I got to know through my congressman that they sent me another RFE but I never received it nor they updated the online status.

It basically says the same as the first one. That the joint sponsor doesn't meet the 125% income required for the household size.

My joint sponsor's household is 5, plus me it would be 6. that is 39,962 and the adjusted gross income on the 1040 is way above that.

My joint sponsor files taxes jointly with her husband, and I did NOT file a I-864A, because her individual income on the 1099 is enough for the entire household plus me.

What do I do? Should I send another I-864 plus a I-864A the 1040 all the schedules W2s and 1099s again? or it's gonna be the same?

And what counts is the line where it says Adjusted Gross Income on the 1040 right?

[Harpa Timsah 13,258]

Total income is what counts.

Generally this RFE happens because the evidence sent in was not correct. What did you send for tax evidence fro the joint sponsor?

[gb20792 6]

Total income is what counts.

Generally this RFE happens because the evidence sent in was not correct. What did you send for tax evidence fro the joint sponsor?

All I sent was the 1040, Schedule A, Schedule C showing her individual income as she is self-employed (owns her own business), schedule E, schedule SE and supplemental form 8582, W2 and 1099 and a letter from her accountant stating that she is owns 100% of the 2 business.

The only thing I didn't send was the 2 schedules K-1. it shows the shareholder's percentage of stock ownership for the tax year for each company.

What other tax evidence is there? Maybe that was the reason?

P.S. Total income (Line 22 form 1040) is even higher

Edited July 23, 2014 by gb20792

[Harpa Timsah 13,258]

Oooh... self employed.....

For employees or contractors, USCIS will take gross income. For self-employed, they go by the income listed on Schedule C, which includes all the losses that expenses that self-employed people usually take. A lot of times, a self-employed person's income is fine, but they take out so many costs and make their income so low (it's better for them because they pay less taxes) that they are not suitable to be sponsors for USCIS. What is the income on schedule C?

[gb20792 6]

Oooh... self employed.....

For employees or contractors, USCIS will take gross income. For self-employed, they go by the income listed on Schedule C, which includes all the losses that expenses that self-employed people usually take. A lot of times, a self-employed person's income is fine, but they take out so many costs and make their income so low (it's better for them because they pay less taxes) that they are not suitable to be sponsors for USCIS. What is the income on schedule C?

She has 2 schedules C, one is 45,800 and the other one is herself as a realtor and is -1,100. So the income listed on the Schedule SE (Self-Employment tax) is 44,700.

Edited July 23, 2014 by gb20792

[Harpa Timsah 13,258]

Okay, so I would definitely include the K-1 schedules. The tax return must be COMPLETE, and that means everything. If you are not sure if you have everything, then have them get a tax transcript.

Then I would have the spouse do a I-864A.

I would also point out in a cover letter that there are 2 schedule Cs, one is in the negative, but one is in the positive and makes up for it.

Good luck.

[gb20792 6]

Okay, so I would definitely include the K-1 schedules. The tax return must be COMPLETE, and that means everything. If you are not sure if you have everything, then have them get a tax transcript.

Then I would have the spouse do a I-864A.

I would also point out in a cover letter that there are 2 schedule Cs, one is in the negative, but one is in the positive and makes up for it.

Good luck.

Thank you! I will do that. Now I never received the RFE and the status never updated from RFE response review. I saw that the other RFE is pink and has a date of july 10th. But I never received it. Do you think it's a good idea talking to a Tier 2 officer?

[Harpa Timsah 13,258]

Yes, and if that doesn't work, then make INFOPASS.

[Happytobe 164]

OP also stated she did not complete a sponsorship form.....

[gb20792 6]

Yes, and if that doesn't work, then make INFOPASS.

I'm waiting for them to call me. I just talked to my uncle and we're filling his I-864A. Now I'm filling it to send it to him, under line 10. My current individual annual income is, what do I write? what says on the W2?

[gb20792 6]

OP also stated she did not complete a sponsorship form.....

Yeah she did not send a I-864A for her spouse, because her individual income was enough.

[Happytobe 164]

and I did NOT file a I-864A, because her individual income on the 1099 is enough for the entire

You state you did not file anything. You would be the primary sponsor. Even if your income is "0" you need to file the i-864. I may be reading your statement incorrectly. My apologies if I am.

[gb20792 6]

You state you did not file anything. You would be the primary sponsor. Even if your income is "0" you need to file the i-864. I may be reading your statement incorrectly. My apologies if I am.

I'm sorry my post confused you. I'm the immigrant spouse, not the petitioner.

[Harpa Timsah 13,258]

The petitioner did a I-864 though, right?

[Happytobe 164]

Ahhhhh, ok my apologies....