RFE affidavit of support HELP! ??

[jamyzz08 0]

Hello everyone. We have just received an rfe yesterday regarding my aos application. My partner is a disabled veteran. He is receiving compensation disability income from VA and social security disability income from SSA. When we sent our packet i include the award letter from VA and benefit letter from SSA year 2014 and 2015. His income annually is $50,770. I wonder why USCIS send us rfe that we do not meet the poverty guidelines of DHS and asking for w2 and tax documents. My husba told me that he is tax exempt. Pls. Help me on how to respond to the this rfe. My husband is very mad to USCIS. Wherein on our k1 visa application we are doing fine. Can someone help what to do? Thanks#

[KayDeeCee 4,891]

If he did not file taxes because his income was non-taxable and he was not required to, did he include a statement that explained that? Also, besides the benefits letters, 1099s and 12 months worth of bank statements showing how much is deposited each month can help prove how much he earns.

[jamyzz08 0]

Thanks for the reply. On the first packet we sent on AOS. We only sent an award letters from VA 2014 and 2015 and benefit letters from ssa 2014 and 2015. Also, we made a snapshot of his bank account showing latest deposit of such disability income. Now, we got RFE saying he donot reach the poverty guidelines. Asking for w2s and tax documentation. What else should we send as a response to the rfe letter. A proof that his income is non taxable. I research about nin taxable income in IRS and SSA. Is that can be used as proof? Does USCIS really needs a documents officially from IRS? My husband always reminds me that he is not taxabale since 2003. Pls help. We been depressed already.

[KayDeeCee 4,891]

They are asking for the taxes because the most recent tax return is a requirement, unless you were not required to file. However, you did not follow the instructions of what to send if you were not required to file taxes. You need to include a statement as to why he was not required to file those 3 years. His explanation is easy, that his income is non-taxable and therefore was not required to file taxes.

From the I-864 instructions>

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,
you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late
filing before submitting the I-864 Affidavit of Support. 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. If you were not required to file a
Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of
the exemption and how you are subject to it.

[jamyzz08 0]

Oh no! We did not follow the instruction. My fault i was too excited. Now, i have been confused. Who should write the letter me or my husband? I made the letter explaining that his income is non taxable. It shud be me or him sign the letter? Also, these are the things i had prepared. For VA disability income: publications from IRS stating that VA disability income is non taxable, publications from NY state tax and finance stating VA income is non taxable. For SSA i include 1099S 2014 and 2013. SSA statement showing deposits from 2003 to july 2015 and IRS notice 703 showing a computation if his SSA disability income is taxable (his income is not) also, i include 12 months bank statement reflecting direct deposits from VA and SSA. Award letters from Va and benefit letters from SSA for 2014 and 2015.House insurance policy. Our house is under mortgage so its not really fully own by him. Is these okay? He is not enrolled in DEERS yet so he dont have military ID YET but he has VA id. Is this okay? Thank you very much. I hope this will be okay.

[KayDeeCee 4,891]

He should sign the statement saying he was not legally required to file taxes for 2012-2014 because his income is non-taxable. It is his form and attachment. The I-864 is provided and signed by him, the USC petitioner/sponsor.

You don't need to show house insurance or ID for him.