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Request for Evidence: Tax Documentation and 'Not Meeting 125% Income'

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Filed: Country: France
Timeline

My partner and I submitted our entire application almost 1 1/2 months ago. I haven't even thought of our application until we received a Request for Evidence (RFE).

Because he lives in the US (fyi, we do have 2 different addresses bc I'm in school and he works 40 minutes away from me; however, we see one another frequently and are looking for a place when we arrive back from visiting his family this Christmas/after leases are u[) and was originally on OPT, it was stated in the application we could combine our income. He makes around $35+ per year, and since there are only 2 people in our household, we thought everything was fine.

However, we received at RFE stating:

1)Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

2) Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did

not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household size.

We both attached our tax transcripts. I filled out the Form 1-864, and he filled out the Form 1-864A. (some people said we didn't need to fill out the Form I864A. the instructions were not clear and we went with what an immigration officer stated we should do - submit Form I864a, too).

I have a meeting with an immigration officer on Thursday and my partner is schedule for his biometrics on Friday, but I am so curious: why does it say we do not meet the 125% income guideline? Aren't we able to combine our income?

My only thought is, I am still a student. Thus, my income level fluctuates and I put my annual income as what I will receive if I continue on with my job for the next 12 months (HR sent me my annual income) - but, this isn't the same as what my annual income was for the 2014 tax year, it was more.

I hope this makes sense, as I realize it's tricky to understand.

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Filed: K-1 Visa Country: Philippines
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My partner and I submitted our entire application almost 1 1/2 months ago. I haven't even thought of our application until we received a Request for Evidence (RFE).

Because he lives in the US (fyi, we do have 2 different addresses bc I'm in school and he works 40 minutes away from me; however, we see one another frequently and are looking for a place when we arrive back from visiting his family this Christmas/after leases are u[) and was originally on OPT, it was stated in the application we could combine our income. He makes around $35+ per year, and since there are only 2 people in our household, we thought everything was fine.

However, we received at RFE stating:

1)Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

2) Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did

not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household size.

We both attached our tax transcripts. I filled out the Form 1-864, and he filled out the Form 1-864A. (some people said we didn't need to fill out the Form I864A. the instructions were not clear and we went with what an immigration officer stated we should do - submit Form I864a, too).

I have a meeting with an immigration officer on Thursday and my partner is schedule for his biometrics on Friday, but I am so curious: why does it say we do not meet the 125% income guideline? Aren't we able to combine our income?

My only thought is, I am still a student. Thus, my income level fluctuates and I put my annual income as what I will receive if I continue on with my job for the next 12 months (HR sent me my annual income) - but, this isn't the same as what my annual income was for the 2014 tax year, it was more.

I hope this makes sense, as I realize it's tricky t

*deleted* I misread your post...sorry.

Edited by Shauneg
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Filed: Country: France
Timeline

Can't use the immigrants income as it won't continue after moving.....maybe even though it said you could. Notice it said "sponsors income".

Hm, I'm trying to figure this out because my partner's income will continue - he'll still be working at the same place for the next 2 years and received confirmation and an approved letter from his boss?

My partner and I submitted our entire application almost 1 1/2 months ago. I haven't even thought of our application until we received a Request for Evidence (RFE).

Because he lives in the US (fyi, we do have 2 different addresses bc I'm in school and he works 40 minutes away from me; however, we see one another frequently and are looking for a place when we arrive back from visiting his family this Christmas/after leases are u[) and was originally on OPT, it was stated in the application we could combine our income. He makes around $35+ per year, and since there are only 2 people in our household, we thought everything was fine.

However, we received at RFE stating:

1)Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

2) Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did

not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household size.

We both attached our tax transcripts. I filled out the Form 1-864, and he filled out the Form 1-864A. (some people said we didn't need to fill out the Form I864A. the instructions were not clear and we went with what an immigration officer stated we should do - submit Form I864a, too).

I have a meeting with an immigration officer on Thursday and my partner is schedule for his biometrics on Friday, but I am so curious: why does it say we do not meet the 125% income guideline? Aren't we able to combine our income?

My only thought is, I am still a student. Thus, my income level fluctuates and I put my annual income as what I will receive if I continue on with my job for the next 12 months (HR sent me my annual income) - but, this isn't the same as what my annual income was for the 2014 tax year, it was more.

I hope this makes sense, as I realize it's tricky t

*deleted* I misread your post...sorry.

Not a problem. Thanks for at least responding and taking time to read this thread - you are appreciated!

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Filed: K-1 Visa Country: Philippines
Timeline

Hm, I'm trying to figure this out because my partner's income will continue - he'll still be working at the same place for the next 2 years and received confirmation and an approved letter from his boss?

Not a problem. Thanks for at least responding and taking time to read this thread - you are appreciated!

I'm confused also after rereading your post. I tried to delete that post.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Petitioner is who? The post is a bit confusing. The partner is a spouse? The partner is the alien?

The US citizen petitioner needs to submit their most recent year's tax info (completed if you submitted an IRS transcript) along with their I-864 and evidence of continuing income (typically pay stubs and an employer letter). If the sponsor is self employed then the amount evaluated is line 22 of the form 1040.

What did you submit as evidence of your continuing income? What did the alien submit as evidence of their continued income? That seems to be the issue.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Mexico
Timeline

If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement.

I am also quite confused by your posts, and have no idea who is the USC and who is the foreign spouse here on a student visa. Which is which? Who filed which form and what evidence was provided by each?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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You probably need to get a joint-sponsor.

It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.

I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.

Your partner's salary does not count!

You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.

AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Filed: Country: France
Timeline

If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement.

I am also quite confused by your posts, and have no idea who is the USC and who is the foreign spouse here on a student visa. Which is which? Who filed which form and what evidence was provided by each?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

You probably need to get a joint-sponsor.

It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.

I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.

Your partner's salary does not count!

You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.

Odd. I heard from USCIS agents that his salary would count, and reading the find print of the application - his salary DOES count. I'm not quite sure I agree with you, but I do appreciate your response! However, if you are right, it means the USCIS officer told us wrong -_-'

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Filed: Country: France
Timeline

Petitioner is who? The post is a bit confusing. The partner is a spouse? The partner is the alien?

The US citizen petitioner needs to submit their most recent year's tax info (completed if you submitted an IRS transcript) along with their I-864 and evidence of continuing income (typically pay stubs and an employer letter). If the sponsor is self employed then the amount evaluated is line 22 of the form 1040.

What did you submit as evidence of your continuing income? What did the alien submit as evidence of their continued income? That seems to be the issue.

My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

My husband submitted a letter of continued income and his tax transcript. I submitted my tax transcript, however they did not ask for my W2s or 'continued income.' But, I may as well submit all of the documents you wrote! May as well send more than less? :/

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

May as well? I would strongly urge you do to so.

The form instructions say this:

'You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. 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. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.'

You are correct that you aren't required, but it's difficult to show the current and continuing income without some solid evidence. A letter is just that, a letter. Anyone can get company/office stationary and produce a letter. Paystubs that support the employer letter are a stronger piece of evidence. Follow the form "suggestions" for both incomes and I would expect things will be sorted out. You - letter and paystubs. Spouse - paystubs.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

Odd. I heard from USCIS agents that his salary would count, and reading the find print of the application - his salary DOES count. I'm not quite sure I agree with you, but I do appreciate your response! However, if you are right, it means the USCIS officer told us wrong -_-'

Maybe you are quite right. His salary probably does count to show that he can support the household but this is clearly not enough. I mean it certainly helps his case but his sponsor also needs to make 125% above the poverty guideline. His salary does not count as much as the income of a US citizen. The purpose of the affidavit of support is to have a proof that a US CITIZEN can take the responsability of the sponsored immigrant if he doesn't work or goes into bankruptcy. Your husband who is an immigrant can't sponsor himself.

He was not supposed to fill out the I864A either. This form is for a household member (who is not the immigrant) whose income will be added to the sponsor who has filled the affidavit of support to help support the immigrant.

Let's say, you live with your parents and your dad is the sponsor. You and your mom could fill the I-864a form if you have any income, not your husband though.

AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Filed: AOS (apr) Country: Bangladesh
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You probably need to get a joint-sponsor.

It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.

I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.

Your partner's salary does not count!

You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.

From USCIS I 864 Instructions:

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

Thus her husband's income can be counted as long as it is legal and continuing - just make sure you send all the required documents. You also need to include him on the main I 864 form, he doesn't need to complete the I 864a. Check out the instructions

Edited by tinnytintin

AOS from OPT/H1B timeline
07.19.2014 Wedding
09.05.2015 Mailed out the AOS, EAD and AP paperwork
09.10.2015 AOS, EAD and AP paperwork delivered to Chicago lockbox
09.15.2015 Electronic NOA-1 and checks cashed
09.19.2015 Hard copies NOA-1 for AOS, EAD and AP

09.25.2015 Hard copy of Biometrics appointment invitation (Mailed 09/19/2015)
10.07.2015 Biometrics appointment

11.17.2015 I 765 card in production/ EAD Approved/ AP approved emails/texts received

11.24.2015 EAD/AP card in hand

01.12.2016 Electronic GC status update with interview date
01.14.2016 Hard copy of the Interview appointment letter

02.18.2016 GC interview

30 minutes after interview status updated to card in production!!

02.19.2016 Received text notifications/emails I 485 and I 130 approved

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Filed: K-1 Visa Country: Guatemala
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From USCIS I 864 Instructions:

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

Thus her husband's income can be counted as long as it is legal and continuing - just make sure you send all the required documents. You also need to include him on the main I 864 form, he doesn't need to complete the I 864a. Check out the instructions

I believe they are discounting the spouse's income due to two reasons. First and foremost, they MUST have the same legal address. Therefore, being that they are at different addresses, the I-864A is invalid as it is for household member. You have included a sentence that states does not need same address if it is a spouse. If that is correct, then he should submit the employment letter , bank statements, social security card copy , etc.Due to the difference in addresses, I recommend he fill out an I-864 and submit the proof. Perhaps the best thing to do is to request an info pass appointment.

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Filed: Citizen (apr) Country: Mexico
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My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

Okay, he does not need an I-864A. What he does need is proof of his current income plus proof that his income will continue from the same source once he becomes a permanent resident. He needs a letter from his employer that clearly states his salary plus stating that his job is permanent and will continue once he becomes a permanent resident. He should also add in recent pay stubs. Send another copy of his 2014 transcript too.

You also provide again your tax transcript plus documentation of your current income with a letter from employer and/or recent pay stubs. List your spouse on Part 6 #3 Person 1 of your I-864. Check the box for #17 and list his name there.

Fill out a new I-864 and make sure it is the latest form edition from the USCIS website. Add a statement in your cover letter for the RFE that you erroneously filed the I-864A, but as your spouse and the intending immigrant, he does not actually need one, so you have filled out a new I-864 and provided all supporting documentation for each. List what each of you has included.

You probably need to get a joint-sponsor.

It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.

I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.

Your partner's salary does not count!

You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.

Your assertions that the immigrant's income cannot be used and even if it can, the USC still needs to meet the 125% requirement on their own are incorrect. Please read the I-864 instructions.

The intending immigrant's income may be used. If they are working legally in the US and their income will continue from the same source once they get their green card, then it most definitely may be counted. The USC spouse could be unemployed and add their immigrant spouse's income to their I-864 to meet the 125% requirement.

As to the above from tarzan31, the immigrant spouse's income can be used, even if they do not share the same residence as the USC spouse.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: K-1 Visa Country: Guatemala
Timeline

Okay, he does not need an I-864A. What he does need is proof of his current income plus proof that his income will continue from the same source once he becomes a permanent resident. He needs a letter from his employer that clearly states his salary plus stating that his job is permanent and will continue once he becomes a permanent resident. He should also add in recent pay stubs. Send another copy of his 2014 transcript too.

You also provide again your tax transcript plus documentation of your current income with a letter from employer and/or recent pay stubs. List your spouse on Part 6 #3 Person 1 of your I-864. Check the box for #17 and list his name there.

Fill out a new I-864 and make sure it is the latest form edition from the USCIS website. Add a statement in your cover letter for the RFE that you erroneously filed the I-864A, but as your spouse and the intending immigrant, he does not actually need one, so you have filled out a new I-864 and provided all supporting documentation for each of. List what each of you has included.

Your assertions that the immigrant's income cannot be used and even if it can, the USC still needs to meet the 125% requirement on their own are incorrect. Please read the I-864 instructions.

The intending immigrant's income may be used. If they are working legally in the US and their income will continue from the same source once they get their green card, then it most definitely may be counted. The USC spouse could be unemployed and add their immigrant spouse's income to their I-864 to meet the 125% requirement.

As to the above from tarzan31, the immigrant spouse's income can be used, even if they do not share the same residence as the USC spouse.

KayDeeCee, what you said is exactly what I was trying to say , although I was not sure if the spouse needs to fill out his own I-864. My assumption is that they kicked the original forms for the I-864A as the couple has different addresses. You seem to be far better versed than others, so my suggestion to the OP is to use your information or to request info pass to insure they fill out the proper forms to avoid yet another RFE or denial.

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