RFE for income evidence on form i-864

[msswen 0]

Hello everyone,

I have benefited greatly from reading everyone's post and replies on this form - so thank you so much for all the wonderful work and sharing that you do!

So here's my story.. I got married to my husband on 5/28/15, he started his medical residency on 6/15/15, which is also the same day that we sent off our forms (I-130, I-131, I-765, I-864, I-485) and materials. I got my biometrics done on 7/16.

Today we received an RFE for i-864. It asks for us to "submit evidence of the petitioner/sponsor's current income"

"The petitioner/sponsor's income on the Federal income tax return does not meet or exeed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form i-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income".

My husband had been a student before residency, which means he was exempt from filing taxes in the past... many years. However, because he had a annual salary of $50k as a resident, we indicated that amount of money on his i-864. Additionally, we included an letter of employment indicating dates of employment and his salary. Knowing that he didn't have any other ways of supporting evidence, we also included his sister and brother in law, along with their daughter to be my joint Sponsor. Their income is $50k and they had their house down (appraised, $250k) as asset for the sponsorship.

So, having said all this. I think this RFE is not asking for additional information on the joint sponsors, but to ask for evidence of current income of my husband - yes? So would the following information be sufficient:

- a cover letter

- 2 pay stubs, since he started working

- a letter explaining why he did not need to file for taxes prior to this year

- letter of employment again, updated with dates of employment, nature of job, annual salary, numbers of hours per week, and prspects for future employment.

Does that seem sufficient? Thank you so much in advance for your advice!!!!

[JCV 5]

We have the excact same situation, haven'r received rfe or anything yet since we just sent it a week ago.

We had a consultation with a lawyer, and had a joint sponsor ready but he was reluctant to add it since my husband makes well over the poverty line, but has been a student the last three years so taxes say no income. He got us to include an employment letter with salary, and 2 pay stubs which is all we had at the time. The letter had to be officially signed, and included hours, date of employment and salary. he said it should be enough! Hope this helps

[arken 4,197]

At this point, you don't have anything else apart from that to submit since he had never filed for tax returns and just started working. Are they sufficient? That's what they decide. Do you have any other evidence? Probably not. So submit those and hope for the best.

by the way did he not earn anything while he was a student? Coz if he was earning a certain amount (say 12k a year), he was required to file tax return. if he did not earn at all or less than a certain amount, he is not required.

But anyway you would wanna include that reason whey he did not file as you said.

[msswen 0]

We have the excact same situation, haven'r received rfe or anything yet since we just sent it a week ago.

We had a consultation with a lawyer, and had a joint sponsor ready but he was reluctant to add it since my husband makes well over the poverty line, but has been a student the last three years so taxes say no income. He got us to include an employment letter with salary, and 2 pay stubs which is all we had at the time. The letter had to be officially signed, and included hours, date of employment and salary. he said it should be enough! Hope this helps

thank you so much! We included the joint sponsor just in case, but didn't expect an RFE given that's like our backup option.. Oh well, I think we will just send in the employment letter and pay stubs for now and see what happens. Good luck to you and please update us when your case is back in the process again!

At this point, you don't have anything else apart from that to submit since he had never filed for tax returns and just started working. Are they sufficient? That's what they decide. Do you have any other evidence? Probably not. So submit those and hope for the best.

by the way did he not earn anything while he was a student? Coz if he was earning a certain amount (say 12k a year), he was required to file tax return. if he did not earn at all or less than a certain amount, he is not required.

But anyway you would wanna include that reason whey he did not file as you said.

Yah, I guess all we have is the employment letter and the 2 paystubs really...

No he was not making any money at all in the previous years. I remember one summer he did something but that was for 1k so well under the 12k a year line...

[Ricdan 9]

Did you include 2014 income tax return, W2, and pay stubs with your sponsor's I-864? You were suppose include a letter with your husband's I-864 explaining why he did not file income tax returns for the past 3 years. The documents that you are sending should be satisfactory to meet the income requirements and base on his income you shouldn't even require a joint sponsor.

[JCV 5]

thank you so much! We included the joint sponsor just in case, but didn't expect an RFE given that's like our backup option.. Oh well, I think we will just send in the employment letter and pay stubs for now and see what happens. Good luck to you and please update us when your case is back in the process again!

Yah, I guess all we have is the employment letter and the 2 paystubs really...

No he was not making any money at all in the previous years. I remember one summer he did something but that was for 1k so well under the 12k a year line...

I will do! I think when they see the petitioner makes enough, they won't even look at the joint sponsors as they are unnecessary. Good luck

[msswen 0]

Did you include 2014 income tax return, W2, and pay stubs with your sponsor's I-864? You were suppose include a letter with your husband's I-864 explaining why he did not file income tax returns for the past 3 years. The documents that you are sending should be satisfactory to meet the income requirements and base on his income you shouldn't even require a joint sponsor.

So he didn't have any income in the past 3 years. And I was quite certain we already included a letter explaining why he didn't file tax returns as a full time students in the past 5 years.

We consulted a lawyer in the past and he said just in case we should get a joint sponsor, which was why we asked his sister & her husband who also put their house down as asset to help me out...

I will do! I think when they see the petitioner makes enough, they won't even look at the joint sponsors as they are unnecessary. Good luck

I hope so! Thank you!!!

[Transborderwife 4,666]

It shouldn't matter because you shouldn't need a joint sponsor, but I don't believe that they can put their house down as an asset. It needs to be something that they could easily sell or liquidate without causing hardship. I don't believe a primary house is eligible.

[Ricdan 9]

So he didn't have any income in the past 3 years. And I was quite certain we already included a letter explaining why he didn't file tax returns as a full time students in the past 5 years.

We consulted a lawyer in the past and he said just in case we should get a joint sponsor, which was why we asked his sister & her husband who also put their house down as asset to help me out...

I hope so! Thank you!!!

I ment to say joint sponsor, sorry about that. Did you include joint sponsor's 2014 income tax return, W2, and pay stubs?

[msswen 0]

I ment to say joint sponsor, sorry about that. Did you include joint sponsor's 2014 income tax return, W2, and pay stubs?

Oh! That makes sense!

For our joint sponsor, we included their tax transcripts for the past 4 years and a appraisal on one of their houses as asset. We did not include their W2 or pay stubs. I totally thought the tax transcripts were sufficient..

Now my other question would be - since they asked for my "petitioner/sponsor" not my "joint sponsor" -- they are refering to my husband, no...?

It shouldn't matter because you shouldn't need a joint sponsor, but I don't believe that they can put their house down as an asset. It needs to be something that they could easily sell or liquidate without causing hardship. I don't believe a primary house is eligible.

I see! So there are actually 2 houses under their name, and they put one up as asset for me.. but then it shouldnt even matter, right, because jointly they make $50K+ which means that's enough for their 3 people household + 1 right? :unsure: :unsure: :unsure:

[Ricdan 9]

The tax transcript should cover the income tax and W2 portion; however, I would include your joint sponsor's pay stubs since you did file an I-864 for a joint sponsor. The docs that you have listed for your husband should be sufficient proof of his income. More than likely they need an explanation as to why he did not file income tax returns and the past few years.

[Shauneg 762]

You can put a house's appraisap as an asset minus whatever money owed on it. Basically what you'd make if you sold it.

[lbreal1 16]

Hello everyone,

I have benefited greatly from reading everyone's post and replies on this form - so thank you so much for all the wonderful work and sharing that you do!

So here's my story.. I got married to my husband on 5/28/15, he started his medical residency on 6/15/15, which is also the same day that we sent off our forms (I-130, I-131, I-765, I-864, I-485) and materials. I got my biometrics done on 7/16.

Today we received an RFE for i-864. It asks for us to "submit evidence of the petitioner/sponsor's current income"

"The petitioner/sponsor's income on the Federal income tax return does not meet or exeed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form i-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income".

My husband had been a student before residency, which means he was exempt from filing taxes in the past... many years. However, because he had a annual salary of $50k as a resident, we indicated that amount of money on his i-864. Additionally, we included an letter of employment indicating dates of employment and his salary. Knowing that he didn't have any other ways of supporting evidence, we also included his sister and brother in law, along with their daughter to be my joint Sponsor. Their income is $50k and they had their house down (appraised, $250k) as asset for the sponsorship.

So, having said all this. I think this RFE is not asking for additional information on the joint sponsors, but to ask for evidence of current income of my husband - yes? So would the following information be sufficient:

- a cover letter

- 2 pay stubs, since he started working

- a letter explaining why he did not need to file for taxes prior to this year

- letter of employment again, updated with dates of employment, nature of job, annual salary, numbers of hours per week, and prspects for future employment.

Does that seem sufficient? Thank you so much in advance for your advice!!!!

You should also include at least the last three months of bank statements with all pages to show the income that gets deposited every month. Also your joint sponsor should submit their IRS tax transcript for the last three years if you want to use their income and asset a the basis for qualifying

[JCV 5]

Uh oh.. we got the RFE, still haven't received the paper yet but got the notification a week ago. How long does it normally take to receive? I came back to this thread because most likely it is because of my husbands income but we have nothing more to send apart from another pay slip or 2 I guess we should prepare the joint sponsor to be safe

[msswen 0]

Uh oh.. we got the RFE, still haven't received the paper yet but got the notification a week ago. How long does it normally take to receive? I came back to this thread because most likely it is because of my husbands income but we have nothing more to send apart from another pay slip or 2 I guess we should prepare the joint sponsor to be safe

So my RFE document was received on 8/19, and today (8/31) we received a notification saying that my I765 is in card production, so that's good...

we sent back my husband's additional pay stubs and also joint sponsor's employment authorization + pay stubs.