Request for Evidence: Tax Documentation and 'Not Meeting 125% Income'

[KayDeeCee 4,891]

KayDeeCee, what you said is exactly what I was trying to say , although I was not sure if the spouse needs to fill out his own I-864. My assumption is that they kicked the original forms for the I-864A as the couple has different addresses. You seem to be far better versed than others, so my suggestion to the OP is to use your information or to request info pass to insure they fill out the proper forms to avoid yet another RFE or denial.

I am not sure it was entirely the use of the I-864A. The immigrant can use one. It is just not typically required. The lack of additional proof of current income seems to be one trigger for the RFE.

[thebellangers 0]

I want to write a general response to everyone, and thank you EACH for responding to my thread - I am so appreciative of people taking time out to respond to my question.

I agree with everyone, we should not have to fill out an i864a (for my spouse, the intending immigrant). I read the instructions at least 3 times, as did my partner. However, an USCIS officer told us to fill out an i864a "even if he is my spouse" one month ago and two days ago. Another immigration officer gave the same answer to my partner his biometrics appointment/infopass appointment yesterday. Can someone verify with me, through personal experience, that they are incorrect? Also, my partner did send in a letter from his boss that he would continue working at the same place, for the same salary.

Furthermore, the USCIS officer said we might not be able to use my spouses income or may be able to use his income. They went back and forth on the answer, and seemed to leave it up to us whether I use my spouse's income. Yet, it makes no sense: we are legally married and his income should matter just as much as mine. With USCIS officers not giving us a straight answer, I am very irked. If we had a straight answer, we'd know what to do.

My main concern is the second part of the RFE letter which states, "Based on the documents submitted with Form 1-864, 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." It doesn't clearly stated whether that takes into account my spouse's income of not. It states to either add my assets, or to find a joint sponsor. Is this just a generic issue they place on all RFEs?

From what I am gathering based on answers, I can use my spouses income. We should file only one I864, and resend his tax transcript and letter from employer. We should put a cover letter stating we erroneously used an I864a for his income (note, though, this is what USCIS officers stated we should do). I should also re-attach my tax transcript, W2s, and T099?

[KayDeeCee 4,891]

You should add more than just the letters from employers. You need to prove the current income. Add in pay stubs for the last 6 months. You are trying to prove to them, through documented evidence, that you do meet the income requirement.

One of you has 1099s? If you receive income from self-employment, then things change a bit. If you have retirement or an annuity, then show proof of that income too. Sometimes bank statements show how much is deposited to your account each month(for the last 12 months) can be helpful. You would want to highlight and point out the deposit amounts to them. You must show them that you make enough money. They won't just assume or connect the dots for you.