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Dillman2112

2nd RFE on K-1 I-485 Affadavit of Support

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Hello,

I submitted my I-485 package in February after coming into the US on a K-1 and marrying within the 90 day period. My wife is a student with no income so we used her father as a joint sponsor, filling out a separate I-864 form for each. My initial submission for the joint sponsor contained a signed bank letter of total deposits for a year, a signed letter from the employer stating salary and date of employment, and a 1040 tax form from 2013 as 2014 taxes were not completed at the time. The joint sponsors stated annual income met the 125% of the poverty line.

I then received an RFE stating the father's income did not meet the requirements and needed more evidence. It was not totally clear what the exact issue was as they sent a multitude of options, some saying more income evidence needed or evidence of assets and some saying the joint sponsor does not meet requirements outright and to obtain a co-sponsor. I (wrongly) assumed they only needed more information to back up the joint sponsors income so I obtained 6 months of paystubs as well as 3 years (2012, 2013 and 2014) of W-2 forms and sent that in.

I have now received a second RFE related to issues with co-sponsors income, however this time it appears they took a personal approach and decided to highlight the exact issue. When determining income eligibility, the sponsors gross income (line 22 on form 1040) is looked at. In our case, due to a business loss, the sponsors gross income was a negative number around -$30,000 for 2013, even though the W-2 income for 2013 ($37,000) met the requirements. The letter also stated the sponsor would need to show assets equaling 5 times the difference between the income and the poverty line (about $30,000), meaning around $60,000 x 5 and equaling roughly $300,000. This is not possible in our case.

The joint sponsor recently finished his 2014 taxes and the number on line 22 ($37,000) of the 1040 does now meet and exceed the poverty guidelines for the specified family size, however it is not clear to me whether I can now use his 2014 tax return. Does anyone have experience with something like this? Submitting a tax return that does not meet requirements, getting an RFE and then submitting a newer tax return that does meet requirements? If I can submit this form will I need to submit any portion of the I-864 filled out differently to reflect the new information?

Any tips or suggestions would be appreciated.

Thank you.

Edit: Just realized I put this in the wrong section, should be in AOS for Family Based Visas...

Edited by Dillman2112

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The problem seems to be the claiming a negative -30,000$ income. The problem with w2's are, is that you could currently have no job or no money, but have a recent W2 showing you have plenty of money. My dad's situation is like that, he had a very well paying job, and then shortly after filing taxes he got laid off. Now, he -could- show his W2 as evidence of income/money he made, but in reality he is currently making nothing.

To see someone make negative money a year, have the main person not working for what ever reason, and then show up with another W2 saying they made a lot of money again... Well that seems kind of shady and would def be red flagged.

I would say you need to send in the new W2 -and- employment verifcation and potentially even a bank statement showing average deposit per month.


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Thanks for the reply.

To clarify it is the 2013 1040 form that does not meet the 125% poverty line income requirements as it is -$30,000 on line 22, however the 2014 1040 line 22 does meet the requirements at $37,000. This is because the business loss amount has declined each year and the total income is now in the positive.

I have already sent in 2012, 2013 and 2014 W-2s, a letter from bank and employer as well as 6 months of paystubs showing the annual income requirements are met, however as stated the 2013 1040 shows the total line 22 income as (-$30,000) due to a business loss. I have not sent in the 2014 1040 as it was not ready for the initial submission or first RFE.

My question could be rephrased as if only the latest 1040 meets the income requirements and previous 1040 returns do not, will this cause the application to be denied?

Edited by Dillman2112

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