RFIE, for assets even when well above 125%

[pantonia 39]

We got a Request for Initial Evidence for our joint sponsor and we are trying to figure out what to do.

They are asking for our joint sponsor to file for taxes (he doesn't have to) or explain and prove that he doesn't have to (we did send proof and explanations).

It also says that based on the documents sent, he doesn't meet the poverty guidelines requirements (his household size is 3, and he makes almost $60,000 a year) so we should include assets to overcome the shortage (a shortage that they don't specify, because of course it doesn't exist) or get a different joint sponsor.

I've heard of people being asked for assets even when they are way above 125% the poverty guidelines, and I'd like to know if anyone can tell me what they did or how they solved it. Our joint sponsor owns his house and a car, but I've heard that you can't use those if they are the only house/car you have, as it would cause hardship if they were to be seized or whatever, which means that he really doesn't have any other asset to show if we can't get around that.

We will of course re-send everything we sent the first time and more (for example, we sent 3 bank statements, now we'll send 12), but more than anything, we are worried that we'll get denied for not having assets that we shouldn't get asked for in the first place.

What should we do? Getting a different joint sponsor is a small small chance so we are trying to exhaust all options with our current joint sponsor.

[Harpa Timsah 13,258]

You are misreading the RFE.

I bet your RFE basically says: Joint sponsor does not have taxes, please provide.

Joint sponsor not qualified. Please provide assets.

This means that you need to address the first issue, which is that your sponsor does not file taxes. USCIS cannot accept the money as listed because the correct information was not provided. So they go on to the next thing (not qualified). Why is he or she not required to file taxes?

[Penguin_ie 5,984]

It is extremely unusual that someone who makes 60'000 a year does not need to file taxes, I bet that is what confused USCIS.

[KayDeeCee 4,891]

If you are missing the recent tax transcript, they will always say the income is not enough. It is a boiler plate RFE letter, and it will also always list all your options like it did. It is not saying you MUST provide assets.

Why does the joint sponsor not have to file taxes, and what statement did you send about it? Where does the $60k current annual income come from that is non-taxable? What documents did you provide to prove the income amount? 3 bank statements will not be sufficient for non-taxable income proof.

Edited June 4, 2016 by KayDeeCee

[pantonia 39]

You are misreading the RFE.

I bet your RFE basically says: Joint sponsor does not have taxes, please provide.

Joint sponsor not qualified. Please provide assets.

This means that you need to address the first issue, which is that your sponsor does not file taxes. USCIS cannot accept the money as listed because the correct information was not provided. So they go on to the next thing (not qualified). Why is he or she not required to file taxes?

It is extremely unusual that someone who makes 60'000 a year does not need to file taxes, I bet that is what confused USCIS.

If you are missing the recent tax transcript, they will always say the income is not enough. It is a boiler plate RFE letter, and it will also always list all your options like it did. It is not saying you MUST provide assets.

Why does the joint sponsor not have to file taxes, and what statement did you send about it? Where does the $60k current annual income come from that is non-taxable? What documents did you provide to prove the income amount? 3 bank statements will not be sufficient for non-taxable income proof.

We know this is a highly unsual situation. For our joint sponsor to file for taxes, his gross income would have to be ast least $21,850 (married filing jointly, one spouse over 65). Gross income is all income that is taxable. His sole source of income is VA benefits (which are tax free) and social security benefits (which may be taxable). His wife also doesn't have any income. What's left to prove is whether or not part of the Social Security benefits are taxable and therefore he needs to file for tax return.

According to the filing instructions of 1040 (which is where we were referred to by the RFIE), to see if the SS income is taxable, the process goes as follow:

"Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any time in 2015 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly).

A doesn't apply, he would file jointly.

B doesn't apply because:

• Half of the SS income = $11,297.4
• There is $0 to add to the gross income because he doesn't have any type of taxable income (no tax-exempt interest, nothing that is taxable).
• That sum equals $11,297.4 which is less than $32,000 so this income can't be counted as gross income. (even less than $25,000 if he were to file separately, which he wouldn't)

That means that his gross income (taxable income) =$0 , which is less than $21,850. So he doesn't have to file.

To make sure, he also took the interactive questionnaire of the IRS, which asks you all questions and tells him in the end that he doesn't have to file, for the same reasons I listed above.

What we realize were our mistakes:

• SS-1099 was for 2014, since the joint sponsor hadn't gotten the most recent for 2015.
• Three months of bank statements aren't enough
• We didn't show that his wife also doesn't make any money to be taxed by the IRS.
• we sent notice 703 (on the back of his SSA-1099 which is the official doc they request to show proof of SS income) which shows the step by step shown above to see if this SS benefitit is taxable. Although it says the same thing as 1040 instructions, they want more.

What we intend to fix/add/send:

• 12 bank statements with highlighted deposits from VA and SS
• Most recent SS-1099 for the whole income of 2015 and a notice stating that those benefits will remain the same for 2016.
• Letter from VA stating his benefits.
• Printout of official VA website showing that this benefit isn't taxable and the table rates that shows that the amount awarded to him corresponds to what he gets
• Printed excerpts of Filing Instructions of form 1040, showing pertinent instructions and step by step showing that SS income isn't taxable and therefore he doesn't have to file for taxes
• Printed transcript of the online questionnaire taken by the joint sponsor that says he doesn't have to file for taxes. It also shows all the questions and answers he gave to reach that result.
• Notice 703 again.
• Notarized letter from Joint sponsors wife, stating that she does not have any source of income of her own and doesn't file for taxes separately

We went to an infopass appt and showed everything we have and explained the whole situation. The woman said that we should just go above and beyond and include assets. She also understood that all the stuff on the letter was a must, not a "try this OR try that". We want to believe that it is not true though, since this is all left to interpretation and the woman was very insecure anyway about it all, and that if we prove again (with the mentioned documents) that he IS above the poverty guideline and doesn't have to file for taxes, then they will not require the assets.

[Harpa Timsah 13,258]

You should include a letter as well explaining why he has income but is not required to file taxes. A print out explaining this is supplementary, but not the main thing you need to show.

[pantonia 39]

You should include a letter as well explaining why he has income but is not required to file taxes. A print out explaining this is supplementary, but not the main thing you need to show.

yeah we are including a letter of explanation for sure like last time

[KayDeeCee 4,891]

If the income is only $22,594, then where did the $60k figure come from? He makes about $22K in SS benefits and about $38k in VA benefits?

You would have to point out that each income is non-taxable, and show the benefits amounts for each one, plus the 12 months of bank statements. I would highlight the deposits of each income for each month too. All the other explanations and documents you are sending sound good for trying to prove he is not legally obligated to file taxes.

[pantonia 39]

If the income is only $22,594, then where did the $60k figure come from? He makes about $22K in SS benefits and about $38k in VA benefits? Yes

You would have to point out that each income is non-taxable , and show the benefits amounts for each one, plus the 12 months of bank statements. I would highlight the deposits of each income for each month too .I did all that the first time and I will again.

All the other explanations and documents you are sending sound good for trying to prove he is not legally obligated to file taxes. Hopefully!!! I would die if I get denied even if we meet all the requirements

Thanks!

[Harpa Timsah 13,258]

yeah we are including a letter of explanation for sure like last time

But your list does not note a letter explaining this. So now you say you did send it?

[pantonia 39]

But your list does not note a letter explaining this. So now you say you did send it?

yeah, I guessed it was implied and didn't add it, but yeah I did include a letter of explanation last time and i will this time too

[Harpa Timsah 13,258]

yeah, I guessed it was implied and didn't add it, but yeah I did include a letter of explanation last time and i will this time too

Okay, but if you just send the same exact things then you will be denied. You have to figure out what is missing.