RFE for AOS packet!

[sachinky 464]

The AVR informed me on Friday night that there was something missing/incomplete on our financial documents. I was hoping to receive the RFE email yesterday as to some indication of what they want but of course, NVC was closed and now we have to wait till Monday to receive it. I've spoken to my husband and we checked our package -- can't see what could be missing. We have the I864 form, the barcoded coversheet, the 2008, 2007, 2006 taxes/W2, his employment letter, a copy of his USC passport, his last 6 months paychecks.

I also spoke to my joint sponsor, he said he had the I864-form, his proof of citizenship, his 2008, 2007, 2006 tax returns/W2/1099s. His employment letter and paystubs. He files taxes jointly as he is married but is way above the guidelines on his own for his household size so he used the individual amount on his W2. He also stated this on his cover letter and said the income used is his own solely as evidenced by his W2 so he didn't use a I864A from his spouse. He's a naturalized USC and he's been through this process before so I assume he knows how to fill in the I-864 properly.

I'm honestly stumped as to what it could be. So now, I'm hoping it's something small like either one of them forgot to sign the form. Or maybe it's a false RFE. So far, this is the list of possible RFEs, I've come up with. I'm trying to cover all possible bases this weekend so we can send it out as soon as the RFE email comes in on Monday.

1) My husband filled his initial I-864 according to his 2008 taxes. He's been working at a new job from last September so his employment letter states a different income amount. Which is the amount that he should use for his current annual income on the I-864?

2) My joint sponsor sent a photocopy of his USC passport as proof of citizenship. Shouldn't this be enough or would they ALSO want a copy of his certificate of naturalization?

3) My joint sponsor files taxes jointly as he is married but is way, way above the guidelines on his own for his household size so he used the individual amount on his W2. He also stated this on his cover letter saying that the income used is his own solely as evidenced by his W2 so he didn't attach a I864-A from his spouse. Maybe they didn't understand this and RFEd because they saw different incomes on the tax return and the I864? Didn't send the I-864A as joint sponsor qualifies on his own.

4) 2009 W2s were not sent.

Any ideas/tips/suggestions will be greatly appreciated. Thanks in advance.

Edited February 27, 2010 by sachinky

[Otto 83]

1) My husband filled his initial I-864 according to his 2008 taxes. He's been working at a new job from last September so his employment letter states a different income amount. Which is the amount that he should use for his current annual income on the I-864?

Yes - current income which may/may-not be the same as what is on previous tax returns.

2) My joint sponsor sent a photocopy of his USC passport as proof of citizenship. Shouldn't this be enough or would they ALSO want a copy of his certificate of naturalization?

Biographic page of passport should be sufficient (always seems to have been in the past).

3) My joint sponsor files taxes jointly as he is married but is way, way above the guidelines on his own for his household size so he used the individual amount on his W2. He also stated this on his cover letter saying that the income used is his own solely as evidenced by his W2 so he didn't attach a I864-A from his spouse. Maybe they didn't understand this and RFEd because they saw different incomes on the tax return and the I864? Didn't send the I-864A as joint sponsor qualifies on his own.

Could be - you'd think this isn't their first joint sponsor they've come across though.

4) 2009 W2s were not sent.

Shouldn't be a factor.

Any ideas/tips/suggestions will be greatly appreciated. Thanks in advance.

To me - if hubby did fill out his income using the annual income on the tax return and not what he's currently making (and there's a discrepancy), that could be 'it.' Of course will have to wait and see..

[BellaChele68 4]

To me - if hubby did fill out his income using the annual income on the tax return and not what he's currently making (and there's a discrepancy), that could be 'it.' Of course will have to wait and see..

Hi Otto & Karen....

When I received an RFE on the AOS I called also and was given the "you'll get a letter" and when it didn't come quickly I called again and spoke with another agent who was very nice. I asked her if she could tell the line number or numbers on the application that were checked for missing data and she was able to provide me with that information and told me I could submit the support letter without waiting for the RFE letter. It goes to the same address in Vermont, but I double checked the address with her anyway to avoid further delay.

When they re-open try giving them another call. I hope this helps shave a fews days off the process for you!

[sachinky 464]

Thanks for your responses, guys. Much appreciated.

1) My husband will fill out another I-864 according to the income on his employment letter instead of his 2008 taxes.

2) Will ask joint sponsor for I-864 A. And a copy of his naturalization certificate, just in case.

Bella--If you don't mind my asking--what was your RFE for? So you sent it in without the RFE mail? No problem?

I plan on calling as soon as they open on Monday morning.

Edited February 27, 2010 by sachinky

[sachinky 464]

Ok. This is a question regarding how my joint sponsor would fill in the I-864 if he has an income way above the poverty line and is not including his wife. Let's say he earns: $150,000. His wife also earns the same. But since he earns enough on his own:

For line 23: $150,000

line 24a: 150,000

24b: None. (Or does he HAVE to include his wife here?)

Total household income 24c: 150,000.

Now for line 25, the tax stuff:

Tax year: 2008 Total income: would he put 150,000 (his own income) or 300,000 (total income on tax returns)?

My question--does his wife need to be mentioned/included anywhere on the I864? Please someone who's good at this I864 form, help me!!!

[TheBears 9]

Sachi,

From talking with that friend who had some AOS trouble, too, my understanding is that if they're included on a tax return together then they need to be included on the I-864 and I-864A together, too.

But it's entirely possible that I misunderstood.

[sachinky 464]

Because I had anticipated this, I had written to NVC in December. I wrote to NVC to ask what is the correct procedure to follow when using a joint sponsor who has sufficient individual income but is also married and files taxes jointly.

This is what they had to say:

"Please include the sponsor's individual income as indicated on the most recent tax return (if filing separately.) If you filed a joint return and you are not using your spouse's income, please verify your income from your W-2s for the appropriate year."

We only did what NVC told us to.

Edited February 27, 2010 by sachinky

[sachinky 464]

Ok, spoke to my husband.

He is currently earning $12,000. As evidenced by his letter of employment and 5 months paystubs.

His 2008 tax return only has $5000 as he was a college student.

So just so that I have this correct: for his annual current individual income he will put "12,000"

And then on part 25 for tax return stuff, he'll put 6000 for 2008 and so on for the tax years?

Please bear with me and my stupid questions, I'm freaking out.

[Sean John 0]

Thanks for your responses, guys. Much appreciated.

1) My husband will fill out another I-864 according to the income on his employment letter instead of his 2008 taxes.

2) Will ask joint sponsor for I-864 A. And a copy of his naturalization certificate, just in case.

It is a Federal offense to make a copy of the naturalization certificate. DO NOT SEND THIS!!

Bella--If you don't mind my asking--what was your RFE for? So you sent it in without the RFE mail? No problem?

I plan on calling as soon as they open on Monday morning.

If you ask me, it is because of the discrepancy between hubby's current paystubs and what he put on the 864. Just fill out another one with the current income and be ready with it.

[sachinky 464]

SJ--I checked with my husband.

He is currently earning $12,000. (As evidenced by his letter of employment and 5 months paystubs).

His 2008 tax return only has $6000 as he was a college student.

So, for his annual current income 23 he put: $12,000

And then on part 25 for tax return stuff, he put $6000 for 2008.

Is this correct?

If it is, then it has to be the joint sponsor's I864A.

[pushbrk 12,154]

I wouldn't panic. It's probably just a false RFE.

[Sean John 0]

SJ--I checked with my husband.

He is currently earning $12,000. (As evidenced by his letter of employment and 5 months paystubs).

His 2008 tax return only has $6000 as he was a college student.

So, for his annual current income 23 he put: $12,000

And then on part 25 for tax return stuff, he put $6000 for 2008.

Is this correct?

If it is, then it has to be the joint sponsor's I864A.

Well I guess that's that then. Will have to wait and see if the RFE really is valid, which I doubt based on the expertise and composure you have shown all along in the Feb NVC thread...

[sachinky 464]

Push--Your post bought the first smile to my face in 2 days. Thanks for that.

And yours too, SeanJohn.

Edited February 27, 2010 by sachinky

[vivekjay 1]

SJ--I checked with my husband.

He is currently earning $12,000. (As evidenced by his letter of employment and 5 months paystubs).

His 2008 tax return only has $6000 as he was a college student.

So, for his annual current income 23 he put: $12,000

And then on part 25 for tax return stuff, he put $6000 for 2008.

Is this correct?

If it is, then it has to be the joint sponsor's I864A.

This sounds correct to me.

[sachinky 464]

Ok, my husband is going through his packet as I type this and making a copy of everything that was sent in already, including the form. So is our joint sponsor -- he is also including a I-864A and changing his I-864 to reflect that. We'll be prepared for every eventuality come Monday. Hopefully an operator will be kind enough to tell us or the email RFE will come in soon.

Push has given me some latent hope--praying that it is a false RFE. Ever the die hard optimist. Please pray for me, guys!

Edited February 27, 2010 by sachinky