RFE: Filed I-864 with Joint Sponsor..

[cuse 0]

First of all, a big thanks to everyone who answers questions on this forum. This has been a great community and I've relied on and learned so much from you all.

Here's my problem right now. We're at the NVC stage, and have submitted the I-864 packet and IV packet. They've just processed our I-864, and I got an RFE. I filed the I-864 packet with a Joint Sponsor (not a household member), so I was mainly concerned with the evidence attached to her I-864. My income doesn't even come near to satisfying the requirements, and I don't claim that it does--so I guess I figured it didn't matter. Apparently not. It seems they're very interested in me submitting proof that my income doesn't meet the requirements they're looking for.

Supporting Documents Missing or Incomplete

[x] It appears that there is no proof of current employment (a recently dated job letter or pay stub), or of

self-employment status (a recently dated letter on business letterhead or a business license).

[x] The submitted income tax documents/IRS statements for the years marked below are missing/incomplete (if

you have lost any of the requested tax information, contact your local IRS office to obtain a copy) (Only

Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto Rico.)

• W-2 forms are missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008

The first one is my fault. I didn't include a letter of employment, and I'm getting one now. In my defense, the instructions have been updated (11-05-2012) since I read them. But anyway, the second request is what gets me! 2011 was the first year I ever filed taxes. I wasn't required to before, as my income was below the required threshold. And I included in the packet a signed letter explaining that I was not required to file taxes for those years, and why.

Here are the instructions for tax evidence for I-864:

A copy of your complete Federal income tax return, as

filed with the Internal Revenue Service, for each of the

most recent 3 tax years. If you were not required to file a

tax return in any of the most recent 3 tax years, you must

provide an explanation.

What the heck?? Is this their mistake? Do I need to backfile taxes with my income listed at "0" or "$40" for the last three years, and wait for that to be processed?

Any advice? If I backfile taxes, can I submit my forms to the IRS and NVC at the same time, or do I need to wait and get evidence from the IRS? Has this happened to anyone, and how long did it slow you down for? We were just about to buy plane tickets....

[dwheels76 5,459]

First of all, a big thanks to everyone who answers questions on this forum. This has been a great community and I've relied on and learned so much from you all.

Here's my problem right now. We're at the NVC stage, and have submitted the I-864 packet and IV packet. They've just processed our I-864, and I got an RFE. I filed the I-864 packet with a Joint Sponsor (not a household member), so I was mainly concerned with the evidence attached to her I-864. My income doesn't even come near to satisfying the requirements, and I don't claim that it does--so I guess I figured it didn't matter. Apparently not. It seems they're very interested in me submitting proof that my income doesn't meet the requirements they're looking for.

The first one is my fault. I didn't include a letter of employment, and I'm getting one now. In my defense, the instructions have been updated (11-05-2012) since I read them. But anyway, the second request is what gets me! 2011 was the first year I ever filed taxes. I wasn't required to before, as my income was below the required threshold. And I included in the packet a signed letter explaining that I was not required to file taxes for those years, and why.

Here are the instructions for tax evidence for I-864:

What the heck?? Is this their mistake? Do I need to backfile taxes with my income listed at "0" or "$40" for the last three years, and wait for that to be processed?

Any advice? If I backfile taxes, can I submit my forms to the IRS and NVC at the same time, or do I need to wait and get evidence from the IRS? Has this happened to anyone, and how long did it slow you down for? We were just about to buy plane tickets....

So you are saying you didn't fillout a I864? Okay you have to fill that out yes even if your income was 0. You only have to file taxes if you make a certian amount (I think like over $9000...check irs.gov). Like the statement says "If you were not required to file a tax return in any of the most recent 3 tax years, you must provide an explanation."

You can just write up a letter of explanation why you were not required to file.

Remember regardless of how much you made you are the sponsor so you must fill out a I-864.

[cuse 0]

No, I submitted my i-864 as well as my joint sponsors'. I just included forgot my letter of employment (my bad) and included only one year's tax returns instead of multiple years--which shouldn't be a problem.

Also replying to say: oops! It seemed that I misunderstood the RFE? By checking ONLY 2011 here:

The submitted income tax documents/IRS statements for the years marked below are missing/incomplete (if

you have lost any of the requested tax information, contact your local IRS office to obtain a copy) (Only

Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto Rico.)

• W-2 forms are missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008

It seems that they only want more information about 2011? That is an entirely different problem!

I included my W-2 for my work in the US, but most of my income (listed on the tax return) is from working abroad. The government here doesn't issue W-2s. What should I do? Sign a statement saying as much, and account for the other income via the letter of employment?

[Dave&Roza 748]

No, I submitted my i-864 as well as my joint sponsors'. I just included forgot my letter of employment (my bad) and included only one year's tax returns instead of multiple years--which shouldn't be a problem.

Also replying to say: oops! It seemed that I misunderstood the RFE? By checking ONLY 2011 here:

It seems that they only want more information about 2011? That is an entirely different problem!

I included my W-2 for my work in the US, but most of my income (listed on the tax return) is from working abroad. The government here doesn't issue W-2s. What should I do? Sign a statement saying as much, and account for the other income via the letter of employment?

Go to the IRS website and order a TAX TRANSCRIPT for that year. This is considered a complete tax return and is accepted by the USCIS and the you do not run the risk of the USCIS employee not finding a piece of paper they think should be part of every tax return and if it is not then they claim your tax return is not complete. A TAX TRANSCRPT is a complete tax return. Get one now and send that in.

Good luck,

Dave