RFE#2 for AOS Joint Sponsor

[anson-noyna 0]

Hi,

I really need some help here. My fiancee and I are married and when we submitted form i-485 it was returned with an RFE stating my income level was not enough,....so I got a joint sponsor who is my mom. She filled out her own form I-864 along with 12 months of bank statements well over the 125% poverty level. She is retired for 10 yrs now and we stated this on the form. Now we get back RFE#2 which states

"The joint sponsor on form I-864 Affidavit of support, must submit all supporting tax documentation (w-2, 1099s and all supporting tax schedules submitted to the IRS for the most recent tax year (2012).

Then written in a red pen is "this will be your final notice"

What do I need (my mom i mean), need to send in? I read on here a sworn statement with something like " I did not file a tax return for Tax Yr 2012 because I have been retired for 10 yrs. I hereby affirm and attest under penalty of perjury that the foregoing is true and correct to the best of my knowledge"

Other posts are saying we need 1099's, tax statements, and other things.

Please help,

[Hypnos 6,576]

Does she file taxes? Is she qualifying based on assets alone?

[dwheels76 5,468]

Hi,

I really need some help here. My fiancee and I are married and when we submitted form i-485 it was returned with an RFE stating my income level was not enough,....so I got a joint sponsor who is my mom. She filled out her own form I-864 along with 12 months of bank statements well over the 125% poverty level. She is retired for 10 yrs now and we stated this on the form. Now we get back RFE#2 which states

"The joint sponsor on form I-864 Affidavit of support, must submit all supporting tax documentation (w-2, 1099s and all supporting tax schedules submitted to the IRS for the most recent tax year (2012).

Then written in a red pen is "this will be your final notice"

What do I need (my mom i mean), need to send in? I read on here a sworn statement with something like " I did not file a tax return for Tax Yr 2012 because I have been retired for 10 yrs. I hereby affirm and attest under penalty of perjury that the foregoing is true and correct to the best of my knowledge"

Other posts are saying we need 1099's, tax statements, and other things.

Please help,

Did you not submit the reason why she didn’t have to file 2012 taxes? If not I would have her write that letter. She does have to explain why?.

I would assume she gets retirement did she submit the source of the document’s i.e. 401k, teachers fund. Showing she is tax exempt all that. Bank statements just shows the money coming in where‘s the proof. Like how sponsors show a letter of employment stating how much they make their title all that information.

[anson-noyna 0]

Does she file taxes? Is she qualifying based on assets alone?

She does not file taxes. We also sent in a copy of her SSN#, Passport, Drivers License.....with these dates.....it would show she is retired. I believe the bank account info is assets only and it's about $65,000 in total. If some of this is from Social Security do we need to provide statements (as the source)

Thanks in advance

[KayDeeCee 4,893]

She does not file taxes. We also sent in a copy of her SSN#, Passport, Drivers License.....with these dates.....it would show she is retired. I believe the bank account info is assets only and it's about $65,000 in total. If some of this is from Social Security do we need to provide statements (as the source)

Thanks in advance

Does she receive retirement pay of any kind? Did you send in documentation that proves how much retirement pay she receives, if she receives any? You can get info from the SSA detailing SS benefits, or she should receive a 1099 each year that states how much she gets.

Anyone that does not file taxes must provide a statement as to why they are not legally obligated to file taxes. This is stated in the I-864 instructions. If she did not provide taxes or a statement as to why she did not file,then that is why you got the RFE.

Since this is your last chance to provide everything needed, be sure to add in any and all documentation you can get to prove her retirement income and assets. Also provide proof that she is a USC or LPR, and have her provide that statement of why she does not legally need to file taxes.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Edited January 21, 2014 by Jay-Kay

[baron555 934]

She does not file taxes. We also sent in a copy of her SSN#, Passport, Drivers License.....with these dates.....it would show she is retired. I believe the bank account info is assets only and it's about $65,000 in total. If some of this is from Social Security do we need to provide statements (as the source)

Thanks in advance

Every USC MUST file annual tax forms, even if no refund is due.

Ask Al Capone how that worked out for him !!

If really no taxes are filed, then she needs to submit whatever documentation that states that.....or get another cosponsor.

[KayDeeCee 4,893]

Every USC MUST file annual tax forms, even if no refund is due.

You are mistaken. There are those that are not legally required to file. http://www.irs.gov/pub/irs-pdf/p17.pdf

IRS has a few questions you can answer and it will let you know if you are required to file or not > http://www.irs.gov/Individuals/Do-You-Need-to-File-a-Federal-Income-Tax-Return%3F-

OP > If she was required to file and did not, she needs to file her back taxes and provide a copy of her complete tax return(all forms, schedules, W-2s and/or 1099s), if you wish to use her as a joint sponsor.

[Hank_ 9,174]

Hi,

I really need some help here. My fiancee and I are married and when we submitted form i-485 it was returned with an RFE stating my income level was not enough,....so I got a joint sponsor who is my mom. She filled out her own form I-864 along with 12 months of bank statements well over the 125% poverty level. She is retired for 10 yrs now and we stated this on the form. Now we get back RFE#2 which states

"The joint sponsor on form I-864 Affidavit of support, must submit all supporting tax documentation (w-2, 1099s and all supporting tax schedules submitted to the IRS for the most recent tax year (2012).

Then written in a red pen is "this will be your final notice"

What do I need (my mom i mean), need to send in? I read on here a sworn statement with something like " I did not file a tax return for Tax Yr 2012 because I have been retired for 10 yrs. I hereby affirm and attest under penalty of perjury that the foregoing is true and correct to the best of my knowledge"

Other posts are saying we need 1099's, tax statements, and other things.

Please help,

Just being retired does not mean one does not pay taxes.

If your mom is collecting SS along with other income she needs to complete form 915 to show she is not required to file a tax return

http://www.irs.gov/publications/p915/ar01.html

[anson-noyna 0]

Just being retired does not mean one does not pay taxes.

If your mom is collecting SS along with other income she needs to complete form 915 to show she is not required to file a tax return

http://www.irs.gov/publications/p915/ar01.html

hI, Thanks for all your responses, but I am beginning to find it more confusuig now than when I started this post. I clicked on links above and found myself misguided in many directions. Especially when someone mentions back taxes, and then finally someone telling me to look at form 915 Social Security and Equivalent Railroad Retirement Benefits!!!!!!!! She's my mother, not no Railroad Worker and she is 70 yrs old.

Did I /we make a mistake by enterring income when we are simply trying to use assets from the joint sponsor? We sent in over 40 pages of bank statements for the current year showing depoistis withdrawals, and current balance............shouldn't that be enough? She does have a form 1099 showing payments for the year (current 2013) but they ask for 2012. She'll have to dig deep and search to see if 2012 is still around somewhere at home. There is no back taxes, no special situations, no other income..............just a simple joint sponsor w/ assets more than enough of what they ask for. And also "current income" on form I-864 was only ab estimate, it will differ from the actual statement, but the assets is 100% accurate.

This is my last chance for applying for a green card for my wife and we probably wont even need a joint sponsor (in real life), we been doing fine so far. What do these people want????????????? A letter,a soc sec statement? This is taking so long, I can file my 2013 taxes now and certainly qualify as a primary sponsor, but seems all they want is what is already asked for.

[KayDeeCee 4,893]

Okay, try not to freak out.

If she receives no taxable income, is single, over 65 and makes less than $11,500 in income, then she does not have to file taxes. She needs to provide a statement as to why she does not legally have to file. She can provide her 2013 1099 along with that statement. She can simply state that according to the IRS Pub. 17, she does not meet the IRS income threshold to make her legally required to file taxes. You may have sent lots of documentation of her assets, but it is a requirement of anyone providing an I-864 to submit either their most recent tax transcript or a statement explaining why they did not have to legally file. That is why they sent the RFE for the tax return from mom. She did not provide either of those, and now she needs to.

If you currently make enough, then go ahead and redo your I-864 that lists your current income as being enough. Include documentation of that. Include a statement explaining that you currently meet the 125% for sponsorship and have redone your I-84 to reflect that. You can send in as much as you can to prove you meet the requirement, even if the RFE did not ask specifically for it. Include this along with the statement from your joint sponsor about not filing taxes and her 1099.

[anson-noyna 0]

Thanks so much for your help. I will take your advice and submit more than what they ask if necessary.

Thanks

[Cathi 5,771]

Every USC MUST file annual tax forms, even if no refund is due.

Ask Al Capone how that worked out for him !!

If really no taxes are filed, then she needs to submit whatever documentation that states that.....or get another cosponsor.

This is not true, for years I wasn't required to file taxes.

[baron555 934]

This is not true, for years I wasn't required to file taxes.

Jay-Kay has provided the necessary links to the requirements.

The OP needs to have their cosponsor included documents to such and should follow exactly USCIS' request, lest they risk having their petition denied. Give them what they want.

[Hank_ 9,174]

hI, Thanks for all your responses, but I am beginning to find it more confusuig now than when I started this post. I clicked on links above and found myself misguided in many directions. Especially when someone mentions back taxes, and then finally someone telling me to look at form 915 Social Security and Equivalent Railroad Retirement Benefits!!!!!!!! She's my mother, not no Railroad Worker and she is 70 yrs old.

Did I /we make a mistake by enterring income when we are simply trying to use assets from the joint sponsor? We sent in over 40 pages of bank statements for the current year showing depoistis withdrawals, and current balance............shouldn't that be enough? She does have a form 1099 showing payments for the year (current 2013) but they ask for 2012. She'll have to dig deep and search to see if 2012 is still around somewhere at home. There is no back taxes, no special situations, no other income..............just a simple joint sponsor w/ assets more than enough of what they ask for. And also "current income" on form I-864 was only ab estimate, it will differ from the actual statement, but the assets is 100% accurate.

This is my last chance for applying for a green card for my wife and we probably wont even need a joint sponsor (in real life), we been doing fine so far. What do these people want????????????? A letter,a soc sec statement? This is taking so long, I can file my 2013 taxes now and certainly qualify as a primary sponsor, but seems all they want is what is already asked for.

Read slower. The 915 is for SOCIAL SECURITY and railroad, NOT just railroad workers....

This form is to SHOW why the income is exempt from filing a tax return, and if your mom does not file a tax return you will need to provide proof of why she doesn't. Just saying.

As for assets, they can be funny about accepting assets, I have seen this before. They like to see the income.

Edited January 22, 2014 by Hank_

[anson-noyna 0]

ok, so thanks again from everyone, the clock is ticking and this is what I will submit:

1) Sworn statement that joint sponsor is exempt from filing taxes for yr 2012

2) Form 1099 showing Soc. Sec. Benefits received for 2012

Am i missing anything else?