RFE :/

[laci1806 15]

My husband is adjusting from a K-1 visa and I filled out the I-864. Today we got an RFE. It says they want a copy of my taxes for 2016, which is not a problem (I'd only sent in 2015 because I hadn't filed last years yet) but then it states my income isn't sufficient. I needed $51,112 a year for our family size and my projected annual income is $65, 889. So it should've been plenty. But I'm thinking the problem might be that I only started working last June? The RFE stated I either need to show assets or get a different sponsor. 

My mom is willing to do it but her income is only about $5,000 above the amount she'd need to be at for a two person household. 

So my question is, should that be ok? Or should I find someone else who has better income? I thought my income would be plentyand since they denied me as a sponsor I'm paranoid now and feeling like I need someone who earns way about the required amount.

does anyone have experience or advice to share?

 

[Ben&Zian 4,397]

Your mother would need not to just qualify for 2 people, she would need to qualify for herself, and everyone in your household minus you. So say it's you, your husband, and 4 kids... your mom would need to make enough to support 4 kids, your husband, and herself.....

 

They probably see the amount on the 2015 tax return and it might not be enough, if the amount on the 2016 is above the line then you should be fine with that, it's just they need to see it to verify.

[LionessDeon 2,060]

Agree.  If the amount on your 2015 tax return was not sufficient then most likely that is the reason they sent the RFE and asked for 2016 tax return.  They are looking for earned income, not projected.

[Chardon Ne' 71]

4 minutes ago, laci1806 said:

My husband is adjusting from a K-1 visa and I filled out the I-864. Today we got an RFE. It says they want a copy of my taxes for 2016, which is not a problem (I'd only sent in 2015 because I hadn't filed last years yet) but then it states my income isn't sufficient. I needed $51,112 a year for our family size and my projected annual income is $65, 889. So it should've been plenty. But I'm thinking the problem might be that I only started working last June? The RFE stated I either need to show assets or get a different sponsor. 

My mom is willing to do it but her income is only about $5,000 above the amount she'd need to be at for a two person household. 

So my question is, should that be ok? Or should I find someone else who has better income? I thought my income would be plentyand since they denied me as a sponsor I'm paranoid now and feeling like I need someone who earns way about the required amount.

does anyone have experience or advice to share?

 

That is a standard answer when you submit the wrong documents. Since you did not send 2016 then technically you do not meet the requirement. They will not use 2015 as 2016 is the current tax year from which they decide if you meet the federal poverty guidelines. 

[laci1806 15]

2 minutes ago, Ben&Zian said:

Your mother would need not to just qualify for 2 people, she would need to qualify for herself, and everyone in your household minus you. So say it's you, your husband, and 4 kids... your mom would need to make enough to support 4 kids, your husband, and herself.....

 

They probably see the amount on the 2015 tax return and it might not be enough, if the amount on the 2016 is above the line then you should be fine with that, it's just they need to see it to verify.

My kids are from a previous marriage so I think my mom would only count her and my husband in her household. She wouldn't be responsible for supporting me and my kids, just my husband. Or maybe I'm wrong? Hoping others can chime in here too. Thanks for replying

[LionessDeon 2,060]

I believe that is correct.  It would be her, her household, and whoever she is sponsoring.

[Chardon Ne' 71]

But also anyone mom claimed on her taxes or filed taxes with. Just resubmit the 2016 taxes and w2s you should be fine. Like I said if they do not accept your document for whatever reason, then it will automatically generate that you did not meet the qualification. 

[laci1806 15]

4 minutes ago, Chardon Ne' said:

But also anyone mom claimed on her taxes or filed taxes with. Just resubmit the 2016 taxes and w2s you should be fine. Like I said if they do not accept your document for whatever reason, then it will automatically generate that you did not meet the qualification. 

My 2016 team return will still be low because I only worked half the year. I sent in all my pay stubs and bank statements and letter from my boss to prove my current income but looks like it wasn't enough . I'm thinking I should have another sponsor just in case. My mom is single so her household size would only be her and my husband. (I think, unless she'd need to count my children also)

so if her income is only $5,000 over the 125% mark should that be ok? Also, about $6,000 of that was from a pension and the rest is from her working. Is that also ok? To include money from pension or is that looked down on?

[Chardon Ne' 71]

28 minutes ago, laci1806 said:

My 2016 team return will still be low because I only worked half the year. I sent in all my pay stubs and bank statements and letter from my boss to prove my current income but looks like it wasn't enough . I'm thinking I should have another sponsor just in case. My mom is single so her household size would only be her and my husband. (I think, unless she'd need to count my children also)

so if her income is only $5,000 over the 125% mark should that be ok? Also, about $6,000 of that was from a pension and the rest is from her working. Is that also ok? To include money from pension or is that looked down on?

I think it is ok but search USCIS for the specific rules of income. I did a little research and it does include retirement income as an allowed source. 

[Suss&Camm 2,213]

18 hours ago, LionessDeon said:

Agree.  If the amount on your 2015 tax return was not sufficient then most likely that is the reason they sent the RFE and asked for 2016 tax return.  They are looking for earned income, not projected.

That's not correct though. They look at the projected income for the current tax year. That's the figure that is used. 

If it specifically says that they want the 2016  tax documents (tax documents used for 19a-19c) then the current annual income on the i-864 should also be updated to reflect the 2017 projected income.

You can never show filed taxes for "current" income...they always reflect past income.

Edited February 28, 2017 by Suss&Camm

[Suss&Camm 2,213]

18 hours ago, laci1806 said:

My husband is adjusting from a K-1 visa and I filled out the I-864. Today we got an RFE. It says they want a copy of my taxes for 2016, which is not a problem (I'd only sent in 2015 because I hadn't filed last years yet) but then it states my income isn't sufficient. I needed $51,112 a year for our family size and my projected annual income is $65, 889. So it should've been plenty. But I'm thinking the problem might be that I only started working last June? The RFE stated I either need to show assets or get a different sponsor. 

My mom is willing to do it but her income is only about $5,000 above the amount she'd need to be at for a two person household. 

So my question is, should that be ok? Or should I find someone else who has better income? I thought my income would be plentyand since they denied me as a sponsor I'm paranoid now and feeling like I need someone who earns way about the required amount.

does anyone have experience or advice to share?

 

What exactly  does the rfe say?

Have you double checked the things I mentioned to this person? (it's good to check them off your list)

 

[Suss&Camm 2,213]

I also recommend reading Five common mistakes completing i-864.

In the article 13a-13c refers to an older form version and is 19a-19c in the current version.

[Suss&Camm 2,213]

18 hours ago, laci1806 said:

My 2016 team return will still be low because I only worked half the year. I sent in all my pay stubs and bank statements and letter from my boss to prove my current income but looks like it wasn't enough . I'm thinking I should have another sponsor just in case. My mom is single so her household size would only be her and my husband. (I think, unless she'd need to count my children also)

so if her income is only $5,000 over the 125% mark should that be ok? Also, about $6,000 of that was from a pension and the rest is from her working. Is that also ok? To include money from pension or is that looked down on?

If your 2016 is still low then you projected wrong when you sent it in since you told them what you thought you would make. They didn't think you would make this and are now asking for the return.

For 2017 however, your anticipated income will be more substantiated since you will have the same earnings for the entire year.

I would send a long recent paystubs, with the 2016 return and w2.

There is no reason why this shouldn't be enough and it's logical why the rfe was sent.

[laci1806 15]

My RFE says: This office is unable to complete your application for I-485 without all initial information. Please submit ALL information Requested at one time and within 87 days.1. Submit all supporting tax documentation (W2, 1099, and all supporting tax schedules) submitted to the IRS for the most recent tax year. The sponsor must submit all supporting tax documents for the most recent tax year. 
2. Based on the documents submitted for I864 the for the sponsor, the income did not meet 125% poverty guideline for the sponsors household size. Submit a list of assets that meet the standards as listed below or obtain a joint sponsor. 
3. Instructions for co-sponsor

 

I had sent in tax return for 2015 but without all the schedules (forgot to include them) however, since the time I sent in AOS, I have filed 2016 taxes. Like I said, the income will be low because I only worked half the year. So are you saying I should refill out the I864. With new information and all supporting tax documents for 2016. And as long as my projected income is still well above the poverty level I should be ok? About half my income is child support. Is that also ok? 

Should I have a joint sponsor also, or is that unnecessary since my projected income for 2017 is well above the income guidelines ? 

[Suss&Camm 2,213]

9 hours ago, laci1806 said:

My RFE says: This office is unable to complete your application for I-485 without all initial information. Please submit ALL information Requested at one time and within 87 days.1. Submit all supporting tax documentation (W2, 1099, and all supporting tax schedules) submitted to the IRS for the most recent tax year. The sponsor must submit all supporting tax documents for the most recent tax year. 
2. Based on the documents submitted for I864 the for the sponsor, the income did not meet 125% poverty guideline for the sponsors household size. Submit a list of assets that meet the standards as listed below or obtain a joint sponsor. 
3. Instructions for co-sponsor

 

I had sent in tax return for 2015 but without all the schedules (forgot to include them) however, since the time I sent in AOS, I have filed 2016 taxes. Like I said, the income will be low because I only worked half the year. So are you saying I should refill out the I864. With new information and all supporting tax documents for 2016. And as long as my projected income is still well above the poverty level I should be ok? About half my income is child support. Is that also ok? 

Should I have a joint sponsor also, or is that unnecessary since my projected income for 2017 is well above the income guidelines ? 

The thing is, missing to send those supporting schedules alone would result in this rfe... 

Despite that, since your most current tax return is now 2016...I would send that (with schedules etc.) and an updated i-864, employee letter and stubs and everything. I'd send all that simply cause your most recent return is now 2016. Had you not yet filed your taxes, I would have said to just send the missing schedules.

If you have a co-sponsor lined up, it doesn't hurt to send that along, I'm not gonna advise either for or against it. It's not required for you with the income that they consider. However, since it's a matter of you proving that this WILL be your income for 2017, that's a judgement call that the IO has to make, whether they consider the evidence of this to be enough. The earlier in the year it is, (as I think the link also mentions) the harder it is to prove and project an income come end of year. So in the end it will be your judgment call on what you believe is the best way for you in this case.

I think you have enough info to make a well informed decision