RFE answer

[avrora9002 21]

Hey guys

We're almost ready to send the answer to the RFE we received for my AOS, so i just want to make sure we're sending the right stuff

The first thing the RFE asked us for is;

- Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year. The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

Since we send his tax transcript for 2013 (It was back in February) I assume they want the 2014 one. So now i have his tax transcript for 2014? Will this be enough? Other than that I have his w-2 and his 1040 form. Do I need to send them with the tax transcript?

The second thing is them basically saying he doesn't make enough so we should use either assets or a joint sponsor.

We found a joint sponsor, he's making enough, but he's married and filling jointly with his wife. So she called me today because their tax return shows their household income and she wasn't sure about the individual income. What should they write on individual income? And does she need to fill I-864a?

[NancyNguyen 1,657]

If he doesn't meet requirement, you can send tax transcript or not, it is up to you.

Joint sponsor signs I-864, spouse signs I-864A along with their copies of passport or green cards, and tax transcript for 2014.

Remember to explain about joint sponsor because your spouse doesn't meet for 2014.

[KayDeeCee 4,891]

Whether or not to send what the RFE is asking for is not 'up to them', unless they want to be denied for not satisfying the RFE.

OP> Yes, the 2014 IRS tax return transcript works in place of a complete copy of the return. You need to send that. They will generally state that you do not meet the requirement if the most recent tax transcript is not included. So, does he currently meet the requirement or not? You can prove current annual income with a letter from employer and recent pay stubs. If he is self-employed, then see if line 22 of his 2014 1040 meets the income requirement.

If a joint sponsor has filed jointly, then they can provide an IRS tax transcript of the joint return plus a copy of their W-2 to show their individual income from the taxes. Again, they can use a letter from employer and pay stubs to prove their individual annual income, if you need a joint sponsor.

[NancyNguyen 1,657]

My RFE was about my spouse income so we decided to add joint sponsor's i864. We explained his income was not enough so we added joint sponsor i864 and we didn't add my spouses tax documents so it guess it was up to us.

[avrora9002 21]

I'm just going to send everything just to be sure. Don't want any more RFEs

Thank you for the help

[KayDeeCee 4,891]

My RFE was about my spouse income so we decided to add joint sponsor's i864. We explained his income was not enough so we added joint sponsor i864 and we didn't add my spouses tax documents so it guess it was up to us.

Your RFE specifically asked you to send in your most recent tax transcript and you did not?

[NancyNguyen 1,657]

Your RFE specifically asked you to send in your most recent tax transcript and you did not?

Yes they asked for updated income documents of my spouse. We didn't meet it so we decide to ask for joint sponsor. We just sent in new I-864 by joint sponsor and explained my spouse income was not enough.

[KayDeeCee 4,891]

Yes they asked for updated income documents of my spouse. We didn't meet it so we decide to ask for joint sponsor. We just sent in new I-864 by joint sponsor and explained my spouse income was not enough.

Updated income documents? They specifically asked for the most recent tax return, or you had already provided the most recent tax return before your RFE? There is a difference between the most recent tax return and proof of current income.

The OP's RFE specifically asks for the most recent tax return, and not just proof that the income meets the requirement. Even if you use a joint sponsor, the primary sponsor is still required to provide their most recent tax return along with their I-864. So, if they are asking the OP for the 2014 return, which they had not provided, then I am not sure the adjudicator would be ok with them not sending in what was asked of them. They could always get lucky, but why risk something like that when it is so easy to include the tax transcript they are asking for?