RFE for sponsor's income for marriage based I485

[nbanik1987 0]

Hello all,

I am an F1 student, married to a US citizen (wife) and am filing I-485. Our I-130 was approved in November 2014. Today I received an RFE saying that the sponsor's income is not sufficient and that we need to show evidence for asset or get a joint sponsor . We have a household size of 2 and hence according to I-864p form, the sponsor should have an annual income > around $20000. My wife's last three year's income were

2014 - $34000

2013 - $30000

2012 - $9500.

We had sent them tax transcripts and tax account transcripts for all these three years, yet they are saying that there is not enough evidence for annual household income > 20000. Is this because, back in 2012 she used to make less as a part time employee? Isn't it true that the income of the most recent year is used to determine whether the sponsor can support or not?

We are very worried thinking what went wrong. My wife doesn't have any asset in that sense, she is financing her car so I don't think that counts as an asset.

We are thinking of doing the following :

1. Add the intended immigrant's (me, spouse) income, which has been a steady $22000 in 2012,2013,2014 and will continue to be from the same source (my school), so will I have to file another I-864 for this?

2. Add my father-in-law as a joint sponsor who has an annual income of around $65000 and + he has assets, he will fill in another I 864.

Do you people think this will be sufficient for our case?

Thank you!

[aleful 1,905]

hi

what did she send as proof? did she send in W2? did she send employment letters or paystubs?

aside of the transcripts

correct, most recent year of taxes plus estimated income of current year

you don't need a joint sponsor

[KayDeeCee 4,891]

What is she currently making? She needed to list her current annual income and prove that amount with letter from employer and/or pay stubs.

You can add your income to her I-864 where it asks for intending immigrant's income. You must provide proof of your income as well as proof that it will continue from the same source once you become a permanent resident. Your combined incomes is more than enough to not need a joint sponsor.

[nbanik1987 0]

Thank you all for your reply. We didn't send any pay stubs or letter from an employer, we thought the tax transcripts would be sufficient . But we will be sending everything now.

She is still making around $34000 year. For adding my income, does my wife has to file in another I-864 so that I can put in my income? Also, I should note, I am a graduate student and will be graduating in Summer 2016, so yes, I will have the same source of income until then but after that it will be from a source where I get a job. Is this going to be a problem?

[KayDeeCee 4,891]

Thank you all for your reply. We didn't send any pay stubs or letter from an employer, we thought the tax transcripts would be sufficient . But we will be sending everything now.

She is still making around $34000 year. For adding my income, does my wife has to file in another I-864 so that I can put in my income? Also, I should note, I am a graduate student and will be graduating in Summer 2016, so yes, I will have the same source of income until then but after that it will be from a source where I get a job. Is this going to be a problem?

You can still list it and provide letter from employer stating the income will continue once you become a permanent resident. Even if they decide not to count it, your wife meets the requirement on her own.

Yes, fill out a new I-864, list her current annual income and your income, combine them. Both of you provide the income proof you need through employment letters and recent pay stubs. They need to see the proof of the current income you list.

[nbanik1987 0]

Thanks for your reply. I just wanted to clarify a few points. The I-864 instructions say

on page 6, under point 7 :

If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s)

rather than a photocopy.

Accordingly, we downloaded the pdf IRS transcripts online, and included those, thinking that will suffice.

While on the I-864 checklist, page 13, it says to include everything, isn't this contradictory?

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement

and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,

Schedule, and any other evidence of reported income. You may submit this information for the most recent 3 tax

years, pay stub(s) from the most recent 6 months, and/or a letter from your employer if you believe any of these

items will help you qualify.

Also what's a form 1099? My wife (sponsor) only has W-2s.

Thanks!

[KayDeeCee 4,891]

The checklist is just stating if you are sending a complete copy of the return. You can also send IRS transcripts instead, as you are doing and is stated in the detailed instructions. That is fine.

1099 is for self-employed and other various income types. Doesn't apply to you if you do not receive one for anything.

[nbanik1987 0]

The checklist is just stating if you are sending a complete copy of the return. You can also send IRS transcripts instead, as you are doing and is stated in the detailed instructions. That is fine.

We did send IRS transcripts and still got the RFE! That's why we are so shocked! So now we are sending them EVERYTHING!

1099 is for self-employed and other various income types. Doesn't apply to you if you do not receive one for anything.

I see. Thanks! Yes, we don't have those.

[blahblahblog 36]

That is odd. What does the RFE say exactly, that the income isn't enough or that there is no income evidence? I have a very similar case as yours and we filed last week. I'm afraid we'll get a similar RFE.

[nbanik1987 0]

The RFE says, 1. Insufficient documents to support the claim that the petitioner has enough income, submit employment letter, pay stubs W2, 1099 etc. 2. The petitioner's income is not above 125% of the poverty level show proof of assets.

Edited June 5, 2015 by nbanik1987

[KayDeeCee 4,891]

We did send IRS transcripts and still got the RFE! That's why we are so shocked! So now we are sending them EVERYTHING!

The RFE was not for the tax transcript. It was because you did not prove her income met the requirement.

[EM_Vandaveer 2,366]

I'd add your father-in-law as joint sponsor, have him fill out an I-864, send his proofs (including proof of his US citizenship).

[nbanik1987 0]

I'd add your father-in-law as joint sponsor, have him fill out an I-864, send his proofs (including proof of his US citizenship).

Yeah, that's exactly what we are doing. I know my wife's income is sufficient but the RFE says " submit all of the following evidences", and it asks for proof of additional assets and/or joint sponsor. So we are not taking any chances.

[journeytothewest 0]

On 6/9/2015 at 8:59 PM, nbanik1987 said:

Yeah, that's exactly what we are doing. I know my wife's income is sufficient but the RFE says " submit all of the following evidences", and it asks for proof of additional assets and/or joint sponsor. So we are not taking any chances.

Hello, Sir

I have received the similar RFE as you. My case has two sponsors. My wife (petitioner) is the first sponsor but her income is not enough. My mother in law is the second sponsor her income is about 79,000. Her household number is 4 including me. I checked this amount should be above 125% poverty guideline. I still receive the letter saying that the joint sponsor`s income is not enough. 

 

 

[TBoneTX 43,022]

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