Need Advice on RFE I-864

[sleepingndgarden 0]

My wife filed for her AOS and a month after she submitted, she received a RFE for my I-864. The RFE said my income taxes did not meet the 125% poverty guidelines. It also says my current income listed is sufficient but it lacked evidence (certificate of employment, paystubs etc).

I cannot do anything about my taxes. For 2009 and 2010, I was not required to file because I earned less than the required income. I have submitted all evidence and an explanation letter for this. For 2011, I just started a job on October that year and only had about $5,000 reflected as my income for that year.

So to respond to the RFE, I included IRS Verification of Non Filing for 2009 and 2010, explanation letter as to why, 2011 tax transcript. On the packet, I also included the I-864, my certificate of employment, 6 months worth of paystubs, bank account statements and property deed/title (residential lot and car). I just want to know if this will be enough. Has anyone undergone the same situation before? If you have, will you kindly share your experience. Is it possible that they send me a second RFE or will they deny outright?

Thank you VJ members! I appreciate the time you spent to read my post.

[Pinkrlion 2,725]

My wife filed for her AOS and a month after she submitted, she received a RFE for my I-864. The RFE said my income taxes did not meet the 125% poverty guidelines. It also says my current income listed is sufficient but it lacked evidence (certificate of employment, paystubs etc).

I cannot do anything about my taxes. For 2009 and 2010, I was not required to file because I earned less than the required income. I have submitted all evidence and an explanation letter for this. For 2011, I just started a job on October that year and only had about $5,000 reflected as my income for that year.

So to respond to the RFE, I included IRS Verification of Non Filing for 2009 and 2010, explanation letter as to why, 2011 tax transcript. On the packet, I also included the I-864, my certificate of employment, 6 months worth of paystubs, bank account statements and property deed/title (residential lot and car). I just want to know if this will be enough. Has anyone undergone the same situation before? If you have, will you kindly share your experience. Is it possible that they send me a second RFE or will they deny outright?

Thank you VJ members! I appreciate the time you spent to read my post.

Do you have your W-2's to submit?

[sleepingndgarden 0]

Do you have your W-2's to submit?

I am Independent Contractor. I will go ahead and include my 1099-MISC (W2 for independent contractors). Do you think that everything I listed will be enough?

[Pinkrlion 2,725]

I am Independent Contractor. I will go ahead and include my 1099-MISC (W2 for independent contractors). Do you think that everything I listed will be enough?

If you are verifying income, I would include the 1099. I think that you have everything.

[Villanelle 4,126]

For 09 10 the letter stating you were exempt is fine. For 2011, you need either the transcript or your tax return + copies of W2s, or 1099s that were reported on it. (a transcript from IRS is a transcript of everything that was reported, a paper return can be filled out to show anything you like, with out a copy of the W2 or 1099, you can theoretically enter any amount you want in the fields and show it as proof, they need the W2s/1099s to verify it. Transcripts are preferred, but theres nothing wrong with sending the tax return and W2s/1099s. Just make sure you send them ALL. Thats every 1099 form. Interest forms, MISC forms, W2 form. Anything you reported must be attached.)

For your current income. Are you currently self employed? Or were you self-employed during 2011 and now you work for a company?

Its a little hard to follow because you say in one sentence youre paid as a Independent contractor (self-employed) and then in another you say you submitted 6 months of 'paystubs'. (Im assuming you mean from Oct 2011- present.)

Self employment does not have 'paystubs'

[sleepingndgarden 0]

If you are verifying income, I would include the 1099. I think that you have everything.

For 09 10 the letter stating you were exempt is fine. For 2011, you need either the transcript or your tax return + copies of W2s, or 1099s that were reported on it. (a transcript from IRS is a transcript of everything that was reported, a paper return can be filled out to show anything you like, with out a copy of the W2 or 1099, you can theoretically enter any amount you want in the fields and show it as proof, they need the W2s/1099s to verify it. Transcripts are preferred, but theres nothing wrong with sending the tax return and W2s/1099s. Just make sure you send them ALL. Thats every 1099 form. Interest forms, MISC forms, W2 form. Anything you reported must be attached.)

For your current income. Are you currently self employed? Or were you self-employed during 2011 and now you work for a company?

Its a little hard to follow because you say in one sentence youre paid as a Independent contractor (self-employed) and then in another you say you submitted 6 months of 'paystubs'. (Im assuming you mean from Oct 2011- present.)

Self employment does not have 'paystubs'

Guys, Can you help me with this post?

Hello,

I badly need some advice on a stressful issue I've been having. Thank you in advance for all the help and advice you can all extend.

Here is a brief description of our story: We submitted our AOS last year and around the last week of December, we received an RFE. The RFE states that my husband's (original sponsor) tax return (2011) did not meet the requirement for the poverty guideline. They did say that his current income is sufficient but we needed to submit evidence like certificate of employment, paystubs etc. Because we know that the 2011 tax return will be short (he started working halfway of the year), we submitted his mom as a household member to be combined with his income. On the same RFE, USCIS also requested for the household member to supply the same evidence for sufficient income.

So what we did to respond to the RFE is for him to file his 2012 taxes which shows his complete yearly income. Since filing of taxes is not yet due till April, we cant order IRS Tax Transcript. What we did instead is to send his 2012 1040 form and 2012 1099 Misc Form (both received by the IRS and stamped as Filed), certificate of employment, copies of stubs and summary of pay, bank assets and properties. Because we know his 2012 tax return shows that he earned more than the required poverty guideline, we didnt see the need to still submit the household's members requirements. We are thinking what we have submitted for the original sponsor is enough to show that he is capable of sponsoring on his own.

We were fairly happy to have all of this submitted until I saw a post regarding a person being denied for submitting partial response to what was asked in the RFE. I am not sure if I am in the same situation as I didnt submit all that was asked. I was just thinking that USCIS would see that my husband's income is enough and a household member/co sponsor is not needed.

Has anyone experience the same situation as I am undergoing? If you have, please share your experience. Do you guys think that I will get denied due to the fact that I did not complete what they asked even if the evidence I sent in is already sufficient?

Thank you again for all your help, VJers!

[himher 634]

certificate of employment, 6 months worth of paystubs, bank account statements and property deed/title (residential lot and car).

Would be all the evidence they are looking for

Sometimes it helps (at least it did for our AOS interview in 2008) to also demonstrate, if possible, that your spouse is on a health insurance plan

My wife filed for her AOS and a month after she submitted, she received a RFE for my I-864. The RFE said my income taxes did not meet the 125% poverty guidelines. It also says my current income listed is sufficient but it lacked evidence (certificate of employment, paystubs etc).

I cannot do anything about my taxes. For 2009 and 2010, I was not required to file because I earned less than the required income. I have submitted all evidence and an explanation letter for this. For 2011, I just started a job on October that year and only had about $5,000 reflected as my income for that year.

So to respond to the RFE, I included IRS Verification of Non Filing for 2009 and 2010, explanation letter as to why, 2011 tax transcript. On the packet, I also included the I-864, my certificate of employment, 6 months worth of paystubs, bank account statements and property deed/title (residential lot and car). I just want to know if this will be enough. Has anyone undergone the same situation before? If you have, will you kindly share your experience. Is it possible that they send me a second RFE or will they deny outright?

Thank you VJ members! I appreciate the time you spent to read my post.

[sleepingndgarden 0]

certificate of employment, 6 months worth of paystubs, bank account statements and property deed/title (residential lot and car).

Would be all the evidence they are looking for

Sometimes it helps (at least it did for our AOS interview in 2008) to also demonstrate, if possible, that your spouse is on a health insurance plan

Thanks for that advice, himher. Do you think we would get denied because we didnt submit anything for the household member's income? We thought my husband's income is enough so we decided to scrape the household member idea. Will this backfire to a denial? Im really worried.

[Pinkrlion 2,725]

Thanks for that advice, himher. Do you think we would get denied because we didnt submit anything for the household member's income? We thought my husband's income is enough so we decided to scrape the household member idea. Will this backfire to a denial? Im really worried.

Didyou write a statement replying to why information for household member not sent in?

[sleepingndgarden 0]

Didyou write a statement replying to why information for household member not sent in?

I did not. I should have. I realize that.

What do you think I should do? I dont want to get denied just for that simple misunderstanding.

I was thinking if they saw my husband is making enough and his assets are more than the required that they would not need the household member.

I am really worried.

[Harpa Timsah 13,263]

You need to include proof of current income. What you sent was not sufficient. The RFE says, according to you, that you say you make enough, but there is not enough evidence proving what you said is true.

Normally, a person overcomes this by including a letter from their employer or 6 months worth of paystubs.

If you are self-employed, then you have a problem. Your earnings can fluctuate, because you do not have a set salary. What if tomorrow no one wanted to give you any business and you earned zero for the next year?

You need to overcome that doubt. You don't say what you job is, or how you have paystubs...

Edited March 15, 2013 by Harpa Timsah

[sleepingndgarden 0]

You need to include proof of current income. What you sent was not sufficient. The RFE says, according to you, that you say you make enough, but there is not enough evidence proving what you said is true.

Normally, a person overcomes this by including a letter from their employer or 6 months worth of paystubs.

If you are self-employed, then you have a problem. Your earnings can fluctuate, because you do not have a set salary. What if tomorrow no one wanted to give you any business and you earned zero for the next year?

You need to overcome that doubt. You don't say what you job is, or how you have paystubs...

Thank you Harpa. I did send in my husband's certificate of employment. He is working on a project with someone exclusively as a independent contractor. He has a contract with them for a whole year. He gets pay stubs attached to the checks they pay him every week. I have sent his 2012 1040 form and 2012 1099 Misc, with more than the required income. I have sent certificate of employment, paystubs, property deeds and bank accounts. Do you think this is still not sufficient? I'm not sure what else we can send to prove his income.

[sleepingndgarden 0]

Didyou write a statement replying to why information for household member not sent in?

I sent this statement just right now via mail and hopefully USCIS will read it and see I wasnt intending to submit a partial response. This is what the operator told me when I called the USCIS hotline. Crossing my fingers this will be enough.

Thanks again for continually assisting me with my questions.

[Harpa Timsah 13,263]

If you already sent in your response then I am not sure what we are doing here...

I wonder if the "Certificate" of employment was not clear to the adjudicator, or if having only employment for one year with not much prior work history made them unable to approve it.

[Yuyu and Ike 0]

I really wonder Newbie case so submitted evidence . whats happen after ?. I got RFE same request !!!! I can not find any joint sponsor so i will try to submit the evidence without joint sponsor.

but i am really worry too. pleaes advice me ...sorry for my english is hard to understand lol