I-864 question

[Erroneous 0]

I have read many I-864 posts and I have a few specific questions that I have not seen answered. Obviously show all of the supporting documentation I can. But my situation is this. I submitted an I-864 with tax returns (which do not show I meet the poverty guidelines) but I did include a handful of pay stubs from a job I started in October which show that I do now exceed the poverty guidelines by far. I did not include a letter showing proof of employment because I thought my paystubs would be fine.

Since then I have recieved an RFE stating this: "Submit all supporting tax documentatyion (W-2's, 1099s, etc) submitted to IRS from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year."

I did not include my W-2's, only my 1040 tax returns. I guess my question is this.. Why would they want my W-2's when my tax returns show my income for last year does not meet the poverty requirements? Even though my pay stubs do show I meet the requirements.

On top of the W-2's, along with new copies of my tax returns, bank statements, proof of income/employment what else should I submit with this RFE?

Also, I did ammend my I-864 to remove a few assetts I do not have any way of showing proof for though it does not change the fact that I meet the poverty guidelines.

Thank you.

[Otto 83]

I did not include my W-2's, only my 1040 tax returns. I guess my question is this.. Why would they want my W-2's when my tax returns show my income for last year does not meet the poverty requirements? Even though my pay stubs do show I meet the requirements.

Most likely because what you sent was simply incomplete (no supporting evidence); they ask for tax returns and supporting documents, that's what they expect. There isn't a requirement that your tax returns (and supporting evidence for it/them) meets the income requirement, nor that if they don't show enough income, you're excused from sending the W-2's. The want what they want.

On top of the W-2's, along with new copies of my tax returns, bank statements, proof of income/employment what else should I submit with this RFE?

It does not sound like they are asking for new copies of bank statements etc - just supporting evidence for your tax returns.

Also, I did ammend my I-864 to remove a few assetts I do not have any way of showing proof for though it does not change the fact that I meet the poverty guidelines.

Just so you know (if you did not already and its kind of late anyway) - if your income alone is sufficient, you do not need to list bank accounts, assets, stocks bonds etc.

Employment letter is optional.

My advice is to respond to the RFE with what they are asking for and not to pile stuff on (especially if they already have it).

[Erroneous 0]

Employment letter is optional.

My advice is to respond to the RFE with what they are asking for and not to pile stuff on (especially if they already have it).

Ok, I will not pile on other documents.

Thank you.

[Otto 83]

Also, I did ammend my I-864 to remove a few assetts I do not have any way of showing proof for though it does not change the fact that I meet the poverty guidelines.

Just so you know (if you did not already and its kind of late anyway) - if your income alone is sufficient, you do not need to list bank accounts, assets, stocks bonds etc.

I was rereading what you wrote (and I wrote) and noticed something; When you said you amended your I-864 (taking off some assets), does that mean your original I-864 (the one USCIS has right now) listed assets? (Assets you have any way of showing proof for?) If so, I wonder why the RFE notice doesn't mention this (or maybe it does). Does the notice only reference tax return support?

(It could be that the assets are optional and they can see that they wouldn't be of benefit but it wouldn't hurt to go over that RFE notice again just to be certain they're not also expecting more than W-2's.)

[Erroneous 0]

I was rereading what you wrote (and I wrote) and noticed something; When you said you amended your I-864 (taking off some assets), does that mean your original I-864 (the one USCIS has right now) listed assets? (Assets you have any way of showing proof for?) If so, I wonder why the RFE notice doesn't mention this (or maybe it does). Does the notice only reference tax return support?

(It could be that the assets are optional and they can see that they wouldn't be of benefit but it wouldn't hurt to go over that RFE notice again just to be certain they're not also expecting more than W-2's.)

On my original I-864 I did not include proof of any assets even including my bank account. I did state the amounts on my I-864. I just included tax returns and paystubs.