RFE on I485 concerning Joint Sponsor (merged threads)

[Laredy26 0]

Hello,

Just recently joined. I have a couple of questions so please bear with me:

1. I have read a couple of forums about 'the receipt of an RFE on I485 affecting I765 processing'. I saw different responses but just wanted to ask in my own way and hopefully get a clearer response. So I did my biometrics already and received an RFE asking for additional info on my Joint sponsor. Does this really put a hold on the i765? I checked my status on the i765 application using my receipt number and it raised no red flag but when I checked the status of the i485, it did state that an RFE was sent out. Please enlighten me!

2. Now about the RFE, here are the problems listed that needed attention

-'The Joint sponsor lists their current income on Form I864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of income. Submit evidence of joint sponsor's current income. Such evidence should include: Date of employment, Nature of Job, Yearly salary earned, number of hours per week worked, prospects for future employment, pay stubs, evidence of other income such as Tax Exempt Interest.'

My question: I did include a letter of employment that only verifies my joint sponsor's employment from start date and includes the amount made per hour. I am guessing this was seen as insufficient because there was no yearly salary included? Or could it be because all the other required parts for proof f income were not fulfilled? I am confused

- 'Submit all supporting tax documentation (W2s, 1099, form 2555 and all supporting tax schedules) submitted to the IRS for the most recent tax year. The joint sponsor must submit all supporting tax documents for the most recent tax year.'

My question: I did read on another forum that submitting an IRS transcript would cover all of these required tax documentation. Would that be okay, because my sponsor did provide me their tax return but I am not certain if the 1099s and schedules etc, were included.

- Based on the documents submitted with form i864 for joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.` Submit evidence of assets that meet the standards listed below or obtain a different sponsor'

My question: The joint sponsor household size including me is 5 and according to the poverty guidelines, the amount required is just $35,512. And my sponsor has an annual income of $76,000. This got me really confused but I began to think that it is due to the fact that there was no proof of income and supporting tax documentation for my joint sponsor as they required. Or is there any other reason as to why they could list the income requirement as insufficient? As for the assets, my joint sponsor had provided assets as additional proof, but it was not really necessary since we met the income requirement (well so we thought). So i guess that played against us.

Finally, for the part that says, OBTAIN A DIFFERENT SPONSOR. Does this mean I can add another joint sponsor to support and meet these requirements, or I can use another joint sponsor entirely who meets these requirements? It does say that ' If you decide to obtain a joint sponsor, they will need to :File form i864 (revision date 07/02/2015). What does this mean? The date on the form i864 be 07/02/2015 or it should be included in the cover letter?

Pardon the long essay, I just wanted to be as detailed as possible for your understanding. Thank you very much

[Expat1 971]

Hello,

Just recently joined. I have a couple of questions so please bear with me:

1. I have read a couple of forums about 'the receipt of an RFE on I485 affecting I765 processing'. I saw different responses but just wanted to ask in my own way and hopefully get a clearer response. So I did my biometrics already and received an RFE asking for additional info on my Joint sponsor. Does this really put a hold on the i765? I checked my status on the i765 application using my receipt number and it raised no red flag but when I checked the status of the i485, it did state that an RFE was sent out. Please enlighten me!

2. Now about the RFE, here are the problems listed that needed attention

-'The Joint sponsor lists their current income on Form I864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of income. Submit evidence of joint sponsor's current income. Such evidence should include: Date of employment, Nature of Job, Yearly salary earned, number of hours per week worked, prospects for future employment, pay stubs, evidence of other income such as Tax Exempt Interest.'

My question: I did include a letter of employment that only verifies my joint sponsor's employment from start date and includes the amount made per hour. I am guessing this was seen as insufficient because there was no yearly salary included? Or could it be because all the other required parts for proof f income were not fulfilled? I am confused

- 'Submit all supporting tax documentation (W2s, 1099, form 2555 and all supporting tax schedules) submitted to the IRS for the most recent tax year. The joint sponsor must submit all supporting tax documents for the most recent tax year.'

My question: I did read on another forum that submitting an IRS transcript would cover all of these required tax documentation. Would that be okay, because my sponsor did provide me their tax return but I am not certain if the 1099s and schedules etc, were included.

- Based on the documents submitted with form i864 for joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.` Submit evidence of assets that meet the standards listed below or obtain a different sponsor'

My question: The joint sponsor household size including me is 5 and according to the poverty guidelines, the amount required is just $35,512. And my sponsor has an annual income of $76,000. This got me really confused but I began to think that it is due to the fact that there was no proof of income and supporting tax documentation for my joint sponsor as they required. Or is there any other reason as to why they could list the income requirement as insufficient? As for the assets, my joint sponsor had provided assets as additional proof, but it was not really necessary since we met the income requirement (well so we thought). So i guess that played against us.

Finally, for the part that says, OBTAIN A DIFFERENT SPONSOR. Does this mean I can add another joint sponsor to support and meet these requirements, or I can use another joint sponsor entirely who meets these requirements? It does say that ' If you decide to obtain a joint sponsor, they will need to :File form i864 (revision date 07/02/2015). What does this mean? The date on the form i864 be 07/02/2015 or it should be included in the cover letter?

Pardon the long essay, I just wanted to be as detailed as possible for your understanding. Thank you very much

r

This is my understanding of what meets the proof requirements. Since I did it 3x, no RFE, I think this will do it

So IF: You submit a tax return copy, then you have to include the W2, 1099's, and other attachments with that tax return copy. The tax return copy shows the income, the attachments prove the income

IF: You submit a tax TRANSCRIPT, the return/income has already been verified by the IRS no need for the tax return attachments

They're lazy, they want it in a nice neat package.

IF: You submit a letter from the employer, then you have to submit actual paystubs along with that letter. The letter states the income, the paystubs prove the income. Absent paystubs, which generally state both current pay for that pay period + YTD pay, then the paystub has to be accompanied by a few months of bank statements proving deposits that indicate what you say is the income is the income that is deposited in the bank. For us, I submitted all 3 - letter, a couple of paystubs, and bank statements matching the paystub net pay with the bank deposit. They're lazy, they want it in a nice neat package.

If: Using assets - you have to show real statements with real balances of real, easily converted assets, such as retirement account, bank savings account, etc.

It is not clear exactly what you submitted, the above only indicates the level of proof that seemed to be adequate in our case.

Good luck

[aleful 1,905]

hi

need more information, is he married? does his wife work? do they file jointly?

he didn't give you copies of paystubs, right? tax transcripts are fine

[Pitaya 2,577]

~Duplicate posting removed~

~Please refrain from multiple posting of same topic~

PItaya

VJ Moderation

Edited October 10, 2015 by Pitaya

[Laredy26 0]

r

This is my understanding of what meets the proof requirements. Since I did it 3x, no RFE, I think this will do it

So IF: You submit a tax return copy, then you have to include the W2, 1099's, and other attachments with that tax return copy. The tax return copy shows the income, the attachments prove the income

IF: You submit a tax TRANSCRIPT, the return/income has already been verified by the IRS no need for the tax return attachments

They're lazy, they want it in a nice neat package.

IF: You submit a letter from the employer, then you have to submit actual paystubs along with that letter. The letter states the income, the paystubs prove the income. Absent paystubs, which generally state both current pay for that pay period + YTD pay, then the paystub has to be accompanied by a few months of bank statements proving deposits that indicate what you say is the income is the income that is deposited in the bank. For us, I submitted all 3 - letter, a couple of paystubs, and bank statements matching the paystub net pay with the bank deposit. They're lazy, they want it in a nice neat package.

If: Using assets - you have to show real statements with real balances of real, easily converted assets, such as retirement account, bank savings account, etc.

It is not clear exactly what you submitted, the above only indicates the level of proof that seemed to be adequate in our case.

Good luck

Ok if I get what you said right, I can use the tax transcripts and not provide any supporting documentation along with it just to make it a 'nice neat package', right?

About the letter from employer, we actually didn't include any paystubs as the attorney i used didn't list it a s requirements. Thank you for your detailed response, It makes so much sense now. Do I really have to include bank statements, my joint sponsor might not feel as comfortable releasing that information.

I do have another joint sponsor I am planning to use, she didn't get a letter from her employer but was able to get a print out of her employment verification from her company's website which pretty covers all the requested information from USCIS. Could this sufficient, or it has to be a letter?

[Laredy26 0]

hi

need more information, is he married? does his wife work? do they file jointly?

he didn't give you copies of paystubs, right? tax transcripts are fine

Hello,

Thanks for replying. and Yes she is married and her husband works. I believe they do file jointly. And NO, she didn't give me any paystubs which apparently are very necessary right now. So when providing tax transcripts, will it include all the previous years or I have to get a seperate transcript for each year?

[Laredy26 0]

Does anyone know why they may have said my joint sponsor did not meet the income requirement? Could it be because of the insufficient information like proof of income, that they were unable to get?

Also, I am planning to use another joint sponsor, why does it say 'File form i864 (revision date 07/02/2015)? I did not submit the documents on this date neither did they receive my paperwork on this date. All paperwork were mailed in 09/27/2015.

If I am able to get all the information required from this joint sponsor, can I still send back the RFE including another joint sponsor? Making them two on my file? Or is there a different process for that?

[dwheels76 5,468]

Does anyone know why they may have said my joint sponsor did not meet the income requirement? Could it be because of the insufficient information like proof of income, that they were unable to get?

Also, I am planning to use another joint sponsor, why does it say 'File form i864 (revision date 07/02/2015)? I did not submit the documents on this date neither did they receive my paperwork on this date. All paperwork were mailed in 09/27/2015.

If I am able to get all the information required from this joint sponsor, can I still send back the RFE including another joint sponsor? Making them two on my file? Or is there a different process for that?

Does he make $70,000 on his own or is it the combine income of husband and wife. If they are filing jointly wife has to submit a I-864A also.

Also Letter of employment should have when you started job, your title, full or part time, your hourly salary(if applicable), .e. "John makes $30/hourly that estimated to $62,000 a year".

Bank statement isn't necessary that's what the paystub is for. Are they a 1099 or a W2 filer? 1099 is considered self-employed and more scrutiny is on that type of employment.

[Laredy26 0]

Does he make $70,000 on his own or is it the combine income of husband and wife. If they are filing jointly wife has to submit a I-864A also.

Also Letter of employment should have when you started job, your title, full or part time, your hourly salary(if applicable), .e. "John makes $30/hourly that estimated to $62,000 a year".

Bank statement isn't necessary that's what the paystub is for. Are they a 1099 or a W2 filer? 1099 is considered self-employed and more scrutiny is on that type of employment.

Yes she makes the $70k by herself and a W2 filer. The letter of employment did state all that information including hourly rate but not yearly income. Do you think that could be a reason?

[dwheels76 5,468]

Yes she makes the $70k by herself and a W2 filer. The letter of employment did state all that information including hourly rate but not yearly income. Do you think that could be a reason?

1. Tax Transcript with her W2
2. Letter of employment should have when you started job, your title, full or part time, your hourly salary(if applicable), .e. "John makes $30/hourly that estimated to $62,000 a year"
3. Paystub YTD

How long has she been at this job? What does previous year look like? Is it at the guidelines also

[Laredy26 0]

1. Tax Transcript with her W2
2. Letter of employment should have when you started job, your title, full or part time, your hourly salary(if applicable), .e. "John makes $30/hourly that estimated to $62,000 a year"
3. Paystub YTD

How long has she been at this job? What does previous year look like? Is it at the guidelines also

She has been at the job since 2012. Her husband does make $38k a year and they file their taxes jointly. This brings the household annual income to about $100k. Her husband could also fill out out a form i864-A, but with doing this, will he be required to provide proof of current income and continuous income also? Will my joint sponsor need to fill out a new form i864 when responding to this RFE?

[Laredy26 0]

Hello,

I posted a Topic about an RFE I received on my I485 application. They needed more information on my current Joint sponsor. Is it possible, after meeting all the requests from USCIS for current sponsor to add a new form I864 for a second joint sponsor when replying to the RFE?

Do you think USCIS will go ahead with one of the sponsors that meets the requirements in case the other fails? Or how does it work? Are there any consequences going this route?

I know I have to reply to the RFE with a cover letter. Do I include that I am adding a second Joint sponsor in the cover letter?

Thank you for your help!

[Pitaya 2,577]

~New similar-themed topic merged with similar-themed ongoing thread~

~There is no need to start a new thread, continue with ongoing thread~

Pitaya

VJ Moderation

[stallion 0]

Hello,

I posted a Topic about an RFE I received on my I485 application. They needed more information on my current Joint sponsor. Is it possible, after meeting all the requests from USCIS for current sponsor to add a new form I864 for a second joint sponsor when replying to the RFE?

Do you think USCIS will go ahead with one of the sponsors that meets the requirements in case the other fails? Or how does it work? Are there any consequences going this route?

I know I have to reply to the RFE with a cover letter. Do I include that I am adding a second Joint sponsor in the cover letter?

Thank you for your help!

Hey Laredy26,

Answer to your first question is, Yes they put hold on your I-765 processing too until they receive your response to RFE.

[KayDeeCee 4,893]

If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement. They also always list all your options, such as including assets, using a joint sponsor or using a different joint sponsor in order to satisfy the RFE This does not mean you have to do any of those. They are just suggestions for ways you can meet the 125% sponsorship requirement.

Joint sponsor needs their most recent tax return. The complete return with all forms, schedules, W-2s and/or 1099s, OR an IRS transcript. If they are married and fie taxes jointly, then they also need to provide the W-2s and/or 1099s along with an IRS transcript if they are only using their own income. Please read through the I-864 instructions for what is required.

http://www.uscis.gov.../i-864instr.pdf >

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your
Federal individual income tax return for the most recent tax year.

...

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

...

You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

As for income, if they are self-employed, then they will go by the Total Income from line 22 of the most recent 1040. If they are an employee, then provide letter from employer and 6 months of recent pay stubs to prove their current annual income.

You cannot have two joint sponsors, so choose which one you want to use.

As to your question about 'File form i864 (revision date 07/02/2015)', they are telling you that you must submit the most recent edition of the I-864 form. No previous form versions are accepted since Oct. 6th. > http://www.uscis.gov/i-864

And finally, about the hold on the I-765 when having an RFE > http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days