RFE :( Help please

[love2win 1]

Hello VJ people,

I'm really confused about the RFE I just got. they asked for 3 things

1. For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to to work in the US

In order to process your application, submit evidence that the household member on form I-864, or I864A was authorized to work in the US.

2. The household member on the petitioner/sponsor's form I-864 must submit all federal income tax documentation submitted to the IRS

In order to process your application further, the household member needs to submit fedral income tax documents for the most recent year.

3. The household member on the petitioner/sponsor's form I864.I864A, must submit all supporting tax documentstion (W-2s, 1099 etc)

In order to process your appkication further, the household member needs to submit all supporting tax documents for the most recent tax year.

A lil update: My wife and I are students, since she did not work the whole year last year and did not file, we had to find another sponsor. Her mom did another I864. So there were 2 I864. I'm an F1 student without any EAD, I'm just allowed to work on campus so I dont know what they are asking for.

My wife wrote a letter saying that she did not file nor have income. My mother in law gave me bunch of papers from her recent tax year.

Thank you for reading and responding. if you have more questions please lemme know.

[love2win 1]

Yall please, ask me questions or tell me what you think, I'm trying to send those infos tomorrow early in the morning.

[chrismatt84 0]

Since they said household member, they might mean your mother in law. You just need to show that your mother in law is a legally working citizen. Job letters should suffice. You should also send the birth certificate of your mother in law if she is a US citizen or maybe even a copy of her green card, which ever is applicable. You can also provide documents from IRS showing that your wife didn't work and hence hasn't filed for tax returns. IRS.com would be able to provide you with the proper documents. Then they also asked you the tax returns for the most recent year along with W-2's. Re-sent all that. Maybe you misplaced it or they might have lost it. It happens.

You can also send an additional note saying whatever you want to explain along with whatever your sending. Once again this is just my suggestion. I may or may not be right. Good luck and hope this helps.

[Steph0814 1]

Hello VJ people,

I'm really confused about the RFE I just got. they asked for 3 things I'll try to help here

1. For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to to work in the US

In order to process your application, submit evidence that the household member on form I-864, or I864A was authorized to work in the US. You mentioned below you are only allowed to work on Campus? If you are working with out an EAD or work permit that is not "authorized to work". You need to submit whatever you have that "authorizes you to work"

2. The household member on the petitioner/sponsor's form I-864 must submit all federal income tax documentation submitted to the IRS

In order to process your application further, the household member needs to submit fedral income tax documents for the most recent year. You need to get exactly what they asked for every USC files Federal taxes and state taxes, maybe your MIL only gave you the state taxes. Did you look at "the bunch of papers" to see what taxes for what year and if they fell inline with the I864 requirements?

3. The household member on the petitioner/sponsor's form I864.I864A, must submit all supporting tax documentstion (W-2s, 1099 etc)

In order to process your appkication further, the household member needs to submit all supporting tax documents for the most recent tax year. This one is pretty clear

I know US taxes can be pretty confusing, if you are unsure of what these are I highly suggest you find someone who knows what this all is and have them look over what you sent. The guides are pretty clear on here as well if you read them slowly

A lil update: My wife and I are students, since she did not work the whole year last year and did not file, we had to find another sponsor. Her mom did another I864. So there were 2 I864. I'm an F1 student without any EAD, I'm just allowed to work on campus so I dont know what they are asking for.

My wife wrote a letter saying that she did not file nor have income. My mother in law gave me bunch of papers (PS_You need to go through those "bunch of papers" to see exactly what is sent, it seems from the RFE there was a lot missing from "the bunch of papers) from her recent tax year.

Thank you for reading and responding. if you have more questions please lemme know.

[love2win 1]

Thank you!

so for 1: I shoul write a letter saying that I was allowed to work on campus and submit a copy of i94?

What is the difference between 2 and 3? I guess one for my mother in law and one for my wife?? Her mum gave me her w2 but I don't know what is a 1099.

my wife also should write that she did not file? and what do you think we should do? should she file her taxes now to make it quick? or just write a letter again?

DO you guys think that because of her not filling for taxes caused this? She wrote a letter saying that she could not file her taxes cuz her name changed and the efile rejected it.

[Steph0814 1]

Thank you!

so for 1: I shoul write a letter saying that I was allowed to work on campus and submit a copy of i94? This is just a question, but how are you allowed to work on campus without proper authorization? I am not familiar with J1 Visa so maybe I'm missing something.

What is the difference between 2 and 3? I guess one for my mother in law and one for my wife?? Her mum gave me her w2 but I don't know what is a 1099. I am not 100% on this, but they are probably asking for yours. I mean if you are working you should be filing taxes (unless you are working illegally). If you Wife did not fill out an I864 then no that would not be for her. you need to send in all Tax documents, w2's, 1099's and paystubs with you and your MIL's 864

my wife also should write that she did not file? and what do you think we should do? should she file her taxes now to make it quick? or just write a letter again? No, its because there was necassary evidence missing

DO you guys think that because of her not filling for taxes caused this? She wrote a letter saying that she could not file her taxes cuz her name changed and the efile rejected it.

Edited October 21, 2008 by Steph0814

[love2win 1]

It is leagal to work on campus when you are f1 student but in condition you don't work over 20 hrs during semesters.

I filed taxes and they have that. My MIL did also and we gave them copies or that. My wife is the only person that did not file.

Is there a way to file this late? and what happen if we send them those info and that it was not what they were looking for? are they going to deny me

[Steph0814 1]

Well, I don't have that answer. Just send them what they asked for the worst thing you will get another RFE if they still need more.

If it makes you feel better, I got 3 RFE's since I filed.

[love2win 1]

Thank you

[Mr. Grey 0]

1. For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to to work in the US

In order to process your application, submit evidence that the household member on form I-864, or I864A was authorized to work in the US.

Hi,

I had a similar RFE and it simply means the following: You have to prove the legal status of your joint sponsor (your mother-in-law). Simply send them a copy of their US passport biographic page, or a copy of the birth certificate, or a copy of their foreign passport plus Green Card. That's all. This particular request has NOTHING to do with your work on the campus.

For the other two request simply have your mother-in-law contact the IRS and request Tax Return Transcripts for the last year (or last three years if that helps). That way you don't have to deal with tax returns and W2's.

BTW: They list all the documents that would suffice for each request, didn't you read over the list ?

Regards,

D

Edited October 21, 2008 by Mr. Grey

[love2win 1]

nope, they did not, they just did for the first one proof of authorized work and the 2 others nothing.

I believe they are looking for my wifes tax return sicne she did not file for her taxes. now we are on the phone with the IRS for like 1 hour to see how she can file her taxes now.

I will include a letter saying that I'm an international student and i'm only allowed to work on campus

show them a copy of MIL birth certificate, which I did that last time

Hopefully my wife will file her taxes today and include her 1099, w2s and taxes.

is that correct?

[Mr. Grey 0]

nope, they did not, they just did for the first one proof of authorized work and the 2 others nothing.

I believe they are looking for my wifes tax return sicne she did not file for her taxes. now we are on the phone with the IRS for like 1 hour to see how she can file her taxes now.

I will include a letter saying that I'm an international student and i'm only allowed to work on campus

show them a copy of MIL birth certificate, which I did that last time

Hopefully my wife will file her taxes today and include her 1099, w2s and taxes.

is that correct?

I'm sorry if I repeat myself, but didn't you read the RFE letter ? According to what you've quoted in your initial post, they don't ask for the sponsor, but for the HOUSEHOLD MEMBER - which is your MIL. Or did you file a I-864A for yourself, too ? Only then they're interested in your income/taxes.

For requests #2 and #3, just send them your MIL's tax transcripts and everything should be fine.

[love2win 1]

My MIL does not leave with us, she did another i864 and we included her w2s and she gave me bunch of papers from HR Block. My wife also did a I864 but did not includ her taxes information because she did not file, we only included her w2, that's it.

is my MIL and my wife household member? since they both did an I864?

I did not do any I864A

sorry, I believe that we are both dumb because my wife is also confused. We just don't wanna travel 2 hours for just asking questions trhough infopass.

Thanks

[Steph0814 1]

Well there you go! Your wife filled out an I 864 and did not send in the required documents. You can't send in a I-864 without the adjoining documents they requested and then not expect to get an RFE!

Malianqueen, I HIGHLY suggest reading the guides for the I-864 on here or on the USCIS website before asking any more questions or sending anything in.

[Mr. Grey 0]

Well there you go! Your wife filled out an I 864 and did not send in the required documents. You can't send in a I-864 without the adjoining documents they requested and then not expect to get an RFE!

Malianqueen, I HIGHLY suggest reading the guides for the I-864 on here or on the USCIS website before asking any more questions or sending anything in.

But this whole thing doesn't make any sense, does it ? His wife did not work / make any money, because she's a student. Hence, she didn't file a tax return.

His wife is his sponsor, so he should have sent them a copy of her passport / birth certificate.

Malianqueen, whose income did you report under Section 24 a/b in Form I-864 - your wife's or your MIL's ? It appears you included your MIL's income in your wife's household income, even though your MIL doesn't live with y'all.

FYI: Just because you included "a bunch of your MIL's W2s" to your application it doesn't mean that this was sufficient.

Edited October 21, 2008 by Mr. Grey