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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?


19 May 2014: Met

25 Sept 2014: Got Engaged

 

K1 and AOS:

Spoiler

 

K-1 Visa:                                                                      AOS:

24 Oct 2014: Mailed I-129f                                                                                                  25 Feb 2015: Mailed AOS package

29 Oct 2014: NOA1                                                                                                                    04 March 2015: Received NOA for AOS/EAD/AP

31 Oct 2014: Alien Registration Number Changed                                                  10 March 2015: AOS/EAD NOA Hardcopy

05 Nov 2014: NOA1 Hard Copy                                                                               19 March 2015: RFE

10 Nov 2014: NOA2                                                                                                 23 March 2015: Biometrics

17 Nov 2014: NOA2 Hard Copy                                                                                24 March 2015: Received RFE letter

24-25 Nov 2014: NVC Received and Case Number Assigned                                     6 April 2015: AP NOA Hardcopy

28 Nov 2014: NVC Left                                                                                            15 May 2015: Mailed RFE response

01 Dec 2014: Consulate received                                                                              19 May 2015: RFE Response Received

08 Dec 2014: Packet 3 Received                                                                                             27 May 2015: EAD/AP Approved

05 Jan 2015: Medical exam                                                                                      03 June 2015: EAD/AP Approval Hardcopy

08 Jan 2015: Interview APPROVED!                                                                         04 June 2015: EAD/AP Combo card in hands

13 Jan 2015: Visa in hands                                                                                        27 June 2015; NPIW letter

26 Jan 2015: PoE (Minneapolis)                                                                                20 Aug 2015: AOS APPROVED! 

18 Feb 2015: Marriage                                                                                              24 Aug 2015: Welcome Notice received

                                                                                                                                 29 Aug 2015: Green card mailed

                                                                                                                                 02 Sep 2015: Green card in hands

 

ROC:

28 July 2017: Mailed ROC package

31 July 2017: NOA1

~ Many months of nothing ~

12 April 2018: Biometrics waived

 

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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.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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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.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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

Thank you for the help :star:


19 May 2014: Met

25 Sept 2014: Got Engaged

 

K1 and AOS:

Spoiler

 

K-1 Visa:                                                                      AOS:

24 Oct 2014: Mailed I-129f                                                                                                  25 Feb 2015: Mailed AOS package

29 Oct 2014: NOA1                                                                                                                    04 March 2015: Received NOA for AOS/EAD/AP

31 Oct 2014: Alien Registration Number Changed                                                  10 March 2015: AOS/EAD NOA Hardcopy

05 Nov 2014: NOA1 Hard Copy                                                                               19 March 2015: RFE

10 Nov 2014: NOA2                                                                                                 23 March 2015: Biometrics

17 Nov 2014: NOA2 Hard Copy                                                                                24 March 2015: Received RFE letter

24-25 Nov 2014: NVC Received and Case Number Assigned                                     6 April 2015: AP NOA Hardcopy

28 Nov 2014: NVC Left                                                                                            15 May 2015: Mailed RFE response

01 Dec 2014: Consulate received                                                                              19 May 2015: RFE Response Received

08 Dec 2014: Packet 3 Received                                                                                             27 May 2015: EAD/AP Approved

05 Jan 2015: Medical exam                                                                                      03 June 2015: EAD/AP Approval Hardcopy

08 Jan 2015: Interview APPROVED!                                                                         04 June 2015: EAD/AP Combo card in hands

13 Jan 2015: Visa in hands                                                                                        27 June 2015; NPIW letter

26 Jan 2015: PoE (Minneapolis)                                                                                20 Aug 2015: AOS APPROVED! 

18 Feb 2015: Marriage                                                                                              24 Aug 2015: Welcome Notice received

                                                                                                                                 29 Aug 2015: Green card mailed

                                                                                                                                 02 Sep 2015: Green card in hands

 

ROC:

28 July 2017: Mailed ROC package

31 July 2017: NOA1

~ Many months of nothing ~

12 April 2018: Biometrics waived

 

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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?


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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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.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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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?


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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