Initial RFE for AOS - very confused, please help!

[ReneeAndCap 0]

Hi everyone,

Just to give our background, we have just done the process of the K1 visa. Married 01/01/16 and applied for AOS 01/26/16. My husband does not meet the income requirements so we have a joint sponsor - his aunt. She is retired and last years income was $148k.

Last week we recieved an initial RFE for our AOS. I did biometrics on February 23 and the letter was dated the same date. We made an info pass appointment which was not helpful at all. We are confused as to why we recieved this RFE.

First problem - it says to send in all tax documentation for most recent tax year for joint sponsor. We realise we went wrong initially as we only sent the first two pages of the tax return. We are preparing the full tax return to send. It does request 1099's and my sponsor is not willing to supply them. She spoke to her financial advisor today who advised it would be very difficult to get all the 1099's together (we are sending three years worth of tax returns) and that it is unnecessary information and she should not send them. Will this be a problem? She is adamant that she does not want to send them now.

Second problem - the next part says that she does not meet the income requirements. She only needs to make $30k and her previous income was $148k! Would this just be a generic paragraph saying that because they just want more proof of her income? Or could there be a problem with us using her as a joint sponsor? We are preparing 12 months of bank statements to send and info regarding her investments.

Unfortunately the info pass was very vague and unhelpful and she just said we need to send what they are requesting or we will be denied. Which has obviously caused panic! I had no idea they would just deny it especially when we don't exactly know the problem and can't talk to a representative.

Thank you for taking the time to read this, any advice would be greatly appreciated!

[aleful 1,905]

hi

well, where does her income come from? if she has social security, she will need a letter stating how much does social security sends her monthly

she need complete tax returns or tax transcripts

she doesn't need to send 3 years if she doesn't want to, only 2014 which is the most recent one, but she does need to write down on the i864 how much she made on the previous years

[Qutyrach 1]

We got an RFE for most recent tax, so we decided to get transcript, sent that back and no problems.. Should have sent transcripts in the first place lol.

[ReneeAndCap 0]

She doesn't get SS. Her income is from investments/stocks/etc.

I am talking to her tonight about getting transcripts, if she does not want to will the tax return be okay without the 1099?

[ReneeAndCap 0]

We got an RFE for most recent tax, so we decided to get transcript, sent that back and no problems.. Should have sent transcripts in the first place lol.

How long did it take to get the transcripts? Lol sounds like the way to go!

[belinda63 2,981]

Think of it this was. Anyone can print or obtain the forms for US tax filing. You can put whatever numbers you want on there. The 1099s, W-2s, etc are proof you made what you put on the form. Without them the tax return is useless. Tax transcripts are the way to go as they contain all the information and come from the IRS.

[noz 3]

How long did it take to get the transcripts? Lol sounds like the way to go!

I just ordered transcripts last week and they arrived in the mail today. The IRS website says it takes 5-10 business days. In my case it was definitely closer to 5

[ReneeAndCap 0]

Ok thanks everyone. I will try to encourage her to obtain the transcripts. They will be a lot easier than printing all those pages too!

So is the general idea that this form is generic? That her income is sufficient?

[KayDeeCee 4,891]

Without a complete copy of the return with all forms, schedules, W-2s and 1099s, OR an IRS transcript for the most recent year filed, they will always state the income seems to be insufficient. They will not accept the tax return without the 1099s. You will need the complete return with everything included, or an IRS transcript. There is no way around that requirement. They provide it, or you get another joint sponsor. You could be denied otherwise.

Since the income comes from self-employment investments, they will go by line 22 of the 1040 form, which is Total Income, when deciding if they meet the income requirement or not.

[ReneeAndCap 0]

Without a complete copy of the return with all forms, schedules, W-2s and 1099s, OR an IRS transcript for the most recent year filed, they will always state the income seems to be insufficient. They will not accept the tax return without the 1099s. You will need the complete return with everything included, or an IRS transcript. There is no way around that requirement. They provide it, or you get another joint sponsor. You could be denied otherwise.

Since the income comes from self-employment investments, they will go by line 22 of the 1040 form, which is Total Income, when deciding if they meet the income requirement or not.

Thank you. So if we can get her to use transcripts then that will be sufficient? We won't have to worry about her not supplying 1099's?

Her line 22 says $148k that's why we are concerned there is an underlying issue. We can add in another joint sponsor but she is also retired.

[FarrahIdir 46]

She doesn't get SS. Her income is from investments/stocks/etc.

I am talking to her tonight about getting transcripts, if she does not want to will the tax return be okay without the 1099?

You need the 1099 along with any tax forms if no transcripts

Thank you. So if we can get her to use transcripts then that will be sufficient? We won't have to worry about her not supplying 1099's?

Her line 22 says $148k that's why we are concerned there is an underlying issue. We can add in another joint sponsor but she is also retired.

www.irs.gov to order transcripts.

[francais_usa 74]

Keep in mind that not every employer provides 1099's. However, if the joint sponsor was given a 1099, she should provide that form. I think since you've gotten an RFE, it's better to send in the transcript but you'll also be fine just sending in the complete return w/ all schedules and the 1099.

Edited March 8, 2016 by francais_usa

[ReneeAndCap 0]

Ok thanks everyone. We are asking her to send transcripts. Battling an up hill battle as her investment manager says he sponsors two people here and she should absolutely not provide1099's so she is adamant she won't. Working on the transcripts. So as long as we send transcripts, 12 months of bank statements and investment info this should be ok?

[almost_umrican 53]

Hi everyone,

Just to give our background, we have just done the process of the K1 visa. Married 01/01/16 and applied for AOS 01/26/16. My husband does not meet the income requirements so we have a joint sponsor - his aunt. She is retired and last years income was $148k.

Last week we recieved an initial RFE for our AOS. I did biometrics on February 23 and the letter was dated the same date. We made an info pass appointment which was not helpful at all. We are confused as to why we recieved this RFE.

First problem - it says to send in all tax documentation for most recent tax year for joint sponsor. We realise we went wrong initially as we only sent the first two pages of the tax return. We are preparing the full tax return to send. It does request 1099's and my sponsor is not willing to supply them. She spoke to her financial advisor today who advised it would be very difficult to get all the 1099's together (we are sending three years worth of tax returns) and that it is unnecessary information and she should not send them. Will this be a problem? She is adamant that she does not want to send them now.

Second problem - the next part says that she does not meet the income requirements. She only needs to make $30k and her previous income was $148k! Would this just be a generic paragraph saying that because they just want more proof of her income? Or could there be a problem with us using her as a joint sponsor? We are preparing 12 months of bank statements to send and info regarding her investments.

Unfortunately the info pass was very vague and unhelpful and she just said we need to send what they are requesting or we will be denied. Which has obviously caused panic! I had no idea they would just deny it especially when we don't exactly know the problem and can't talk to a representative.

Thank you for taking the time to read this, any advice would be greatly appreciated!

Is the co sponsor an american citizen ? if yes, does all the earnings for whatever year's tax return papers the sponsor or co sponsor provided were made inside the US ?

[ReneeAndCap 0]

Is the co sponsor an american citizen ? if yes, does all the earnings for whatever year's tax return papers the sponsor or co sponsor provided were made inside the US ?

Yes she is an American citizen. Has only ever lived in the USA. Has always filed taxes in the USA. And has maintained an income well above the guidelines - never under $100k