Request for Initial Evidence for I-864

[jay70599 0]

I received an RFE today for my I-485. Well, it's actually I-864, but they put I-485 anyway. And I am very confused.

Here is what they want:

1. Submit all supporting tax documentation (W-2, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting documents for the most recent tax year.

2. Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

Submit evidence of assets... (and further instructions of assets or joint sponsor)

I am confused because first, for #2, the 125% of the poverty guideline for my family, which is a 2-people household, is only slightly above $20,000. And on the I-864, my spouse (the American citizen)'s income, filled in #5 of Part 6 of I-864, is slightly over #33,000. The same amount is filled in #10 of Part 6, as I currently do not have a job. This would mean that our income is way over the 125% of the poverty guideline. Why would they still say that we did not meet the guideline?

For #1, the situation is this: my spouse and I went to the same college and graduated two months ago. During our college years, my spouse was not working because she was on a full scholarship that did not allow her to have student employment. The only income she earned was from her school breaks. Therefore she did not file any taxes for 2012, 2013, or 2014. So on I-864 she did not check #13 in Part 6, and wrote nothing in #13a, #13b, and #13c, as she did not file any taxes. Her income from her school breaks meant that she had some, very minimal, income (less than $100 in a year). However, she cannot locate her W-2s, Form 1040s, or her 1099s. In the Instructions for I-864, Part 4, #7, it says: "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation." We did that. We wrote a thorough explanation. But USCIS is still asking for our recent years tax documents. What should we do in this situation? Since she cannot locate her previous years' tax documents, what is the best thing we can do at this moment?

I appreciate any help I can get. Thank you!

[Darnell 8,478]

there are 2 things to show for income:

1. prior tax year data and

2. current annual income for 2015

your petitioner not have a job in 2014? recent job acquisition?

Suggest to seek a co-sponsor, joint sponsor, instead.

re: prior years tax documents - if'n she actually filed, then the IRS can generate tax transcripts - can order them online at the IRS website, they will be sent out via postal mail, arrive 5 to 10 days later after clicking the button.

Edited August 11, 2015 by Darnell

[jay70599 0]

there are 2 things to show for income:

1. prior tax year data and

2. current annual income for 2015

your petitioner not have a job in 2014? recent job acquisition?

Suggest to seek a co-sponsor, joint sponsor, instead.

re: prior years tax documents - if'n she actually filed, then the IRS can generate tax transcripts - can order them online at the IRS website, they will be sent out via postal mail, arrive 5 to 10 days later after clicking the button.

She earned less than $100 in 2012, 2013, and 2014. We were both in college during these years, like I said. Therefore she did not file taxes for these years as she was not required to. And yes, it is a recent job acquisition as we both just graduated from college in June.

So you are suggesting that prior tax year data will be counted into determining whether we are above the 125% of poverty guideline? Since her annual salary now is above $33,000, would that not be sufficient already?

If not, and I need a joint sponsor, what should the joint sponsor's annual salary be? I know for assets there's that three times the difference of something. Is there a similar rule for joint sponsorship?

[Darnell 8,478]

think about this -

a job started last week, with an annual salary of 33,000,

does not mean she is gonna earn 33,000 in 2015 at all.

you wrote:

However, she cannot locate her W-2s, Form 1040s, or her 1099s.

I take that to mean that they existed once upon a time. Since the IRS knows of them, then all stuff is gettable via an IRS Tax Transcript, but you seem to be telling me she not file. Which is it ? She file? She not file?

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as to the rest, please study the instructions inside of the I-864 form.

Edited August 11, 2015 by Darnell

[jay70599 0]

think about this -

a job started last week, with an annual salary of 33,000,

does not mean she is gonna earn 33,000 in 2015 at all.

you wrote:

However, she cannot locate her W-2s, Form 1040s, or her 1099s.

I take that to mean that they existed once upon a time. Since the IRS knows of them, then all stuff is gettable via an IRS Tax Transcript, but you seem to be telling me she not file. Which is it ? She file? She not file?

---

as to the rest, please study the instructions inside of the I-864 form.

It's last month, not last week, but same thing in this situation.

Yes. She had W-2s at least. But she did not file her income tax returns as she earned very little money.