RFE Confusion: Income/poverty guidelines

[Pheebs1201 269]

So we received an RFE for our AOS today which states the following:

"Submit all supporting tax documenttions (W-2s, 1099s Form 255 and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year"

With our original packet we included all his W2s but none of these reflect his new income, for a job he started in January (2015), so for the tax year 2014 he was not over the income threshold. As none of these things show his new income, I don't understand how this will help

It also says:

"Based on the document submitted with Form I-864 the income did not meet 125% of the poverty guideline for the household size"

We included an employer letter for his new job which clearly states he earns above 125% of the poverty guideline. What else can we do to demonstrate this since he only started the job in January?

Please help!

[Cathi 5,607]

Pay stubs

[Butterfly307 77]

So we received an RFE for our AOS today which states the following:

"Submit all supporting tax documenttions (W-2s, 1099s Form 255 and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year"

With our original packet we included all his W2s but none of these reflect his new income, for a job he started in January (2015), so for the tax year 2014 he was not over the income threshold. As none of these things show his new income, I don't understand how this will help

It also says:

"Based on the document submitted with Form I-864 the income did not meet 125% of the poverty guideline for the household size"

We included an employer letter for his new job which clearly states he earns above 125% of the poverty guideline. What else can we do to demonstrate this since he only started the job in January?

Please help!

Did you include paychecks/paystubs in the AOS package? That's another proof of current income.

Edited April 7, 2015 by Butterfly307

[Cathi 5,607]

Did you include paychecks/paystubs in the AOS package? That's another proof of current income.

I didn't do adjustment of status, and I had my job for a long time. Pay stubs are good proof

[DeAnna and Jorge 7]

My 2014 tax return did not reflect my current income as well. I submitted the offer letter that I received from my current employer (enough income), my 2014 tax return (not enough income) as well as current pay stubs (enough income). They accepted this information as proof of being over the income threshold. I would try sending them all of his current check stubs that prove he is above the income threshold.

[Butterfly307 77]

I didn't do adjustment of status, and I had my job for a long time. Pay stubs are good proof

?

That is what I was saying too. They are good proof.

[Pheebs1201 269]

Thanks for the advice everyone, however we included pay stubs in our original packet as well. I don't know what exactly it is that they want?

[DeAnna and Jorge 7]

Thanks for the advice everyone, however we included pay stubs in our original packet as well. I don't know what exactly it is that they want?

Wow that is weird! Did you try calling them to see what the problem is with the documents you sent in? I would think that would be sufficient proof.

[Nich-Nick 3,353]

Look at your I-864 to make sure the form was filled out correctly--

Part 6, #5 and 10 should be the new job income multiplied out to a year. The employer letter and pay stubs need to verify he makes at least as much as he put there as current income.

Part 6, #13 a,b,c tax return section should be numbers straight off Line 22 of Form 1040. )If he did 1040A or 1040EZ then it's from different lines.)

Confirm that he filed tax returns in 2014, 2013, 2012.

Confirm that you sent in photocopies of all three complete tax returns and their corresponding W2s. That means every page and every schedule that was part of each tax return. You only mentioned you sent his W2s. A W2 alone without a tax return isn't correct.

Or did you send any tax transcripts...2014, 2013, 2012 ???

A transcript would not have a W2 with it so it sounds like you didn't do transcripts, but trying to get the whole picture.

[Pheebs1201 269]

Perhaps that's where we went wrong, I'll double check with Dan what exactly it was that he included and go through the form again. If I still have queries I shall report back. Thanks all!

[chrismorrison 96]

Hope you get it figured out Phoebe! xx I'll definitely be looking to you for guidance when we AOS late next month.

[goldenaida 9]

Perhaps that's where we went wrong, I'll double check with Dan what exactly it was that he included and go through the form again. If I still have queries I shall report back. Thanks all!

We had the same problem and the awkward thing was that we called them and told them we had even more than enough (125% of poverty line for 2 people was almost 19,000 ) and she said no that's the 100% of poverty line and the 125% is about 25,000 !!!!!!! we didn't want to argue with them so we asked my aunt to be joint sponsor and I sent the documents again last week. Hopefully it works .

[Pheebs1201 269]

Hope you get it figured out Phoebe! xx I'll definitely be looking to you for guidance when we AOS late next month.

Thanks lovely! xx

We had the same problem and the awkward thing was that we called them and told them we had even more than enough (125% of poverty line for 2 people was almost 19,000 ) and she said no that's the 100% of poverty line and the 125% is about 25,000 !!!!!!! we didn't want to argue with them so we asked my aunt to be joint sponsor and I sent the documents again last week. Hopefully it works .

But according to the form I-864P, $19,000 IS 125% of the poverty guidelines http://www.uscis.gov/sites/default/files/files/form/i-864p.pdffor a household of two and Dan earns just shy of $25,000 so I don't understand what basis they are using for that figure? It sounds like the person you spoke to may have been mistaken? Sorry that this happened to you also, I just don't understand!

Edited April 8, 2015 by Pheebs1201

[goldenaida 9]

Thanks lovely! xx

But according to the form I-864P, $19,000 IS 125% of the poverty guidelines http://www.uscis.gov/sites/default/files/files/form/i-864p.pdffor a household of two and Dan earns just shy of $25,000 so I don't understand what basis they are using for that figure? It sounds like the person you spoke to may have been mistaken? Sorry that this happened to you also, I just don't understand!

Yeah that's what I'm saying but she was rude and annoying and we didn't want to argue with her . My husband asked if he can talk to an officer about the problem ( I was on the line the same time too ) and she said I'm officer Sir ! They won't let you to talk to the officer who is working on your case to figure out the problem. I don't know. Hope yours will be solve soon XoX

[Nich-Nick 3,353]

There is a requirement to submit the latest tax return. Many people don't seem to understand what that includes. If you don't send that properly, they do not consider your income or other proofs. They don't look at your stuff if the tax return submission is incomplete. They send an RFE ticked1) send a tax return, 2) you don't qualify, and sometimes 3) get a joint sponsor. You may not lack proof of enough income at all. It may be only that your tax return wasn't complete so they put on the brakes right there and sent you that generic RFE. Fix the tax return and it fixes the problem.

So a review about the tax return submission--

A W2 alone doesn't work. If you send a W2, they expect a tax return for the same year.

There are two ways to provide proper tax submission.

1) a tax return transcript from the IRS. There are other transcripts. Get the tax RETURN transcript. Nothing goes with it. The I-864 instructions say do not send a W2 if you send a tax transcript.

2) a photocopy of your entire tax return + W2 or 1099.

(Employees get a W2 wage statement. If you are a contractor, your wages might be on a 1099)

The photocopy of your tax return could be from very simple to many pages depending on your personal taxes. Some of the common things you might have are--

Form 1040 or 1040A or 1040EZ

Schedule A -Itemized Deductions

Schedule B - interest and Dividends

Schedule C -Profit or Loss from a Business

Schedule D -capital Gains and Losses

Form 2555- Foreign Income Exclusion

Form 8965 - Health coverage Exemptions

Not everybody has the same forms, but it must be a photocopy of every form and schedule in your tax return PLUS the W2 or 1099.