Worried: k1 Adjustment of Status specifically I-864

[barbie.ness 15]

Hello everyone. Happy New Year.

 

Thank you for giving time to read my question. I appreciate it. 

 

We mailed the Adjustment of Status Packet and was delivered last December 31, 2016, 8am. My main concern is about the Affidavit of support and its attachements.

 

My husband completed the Affidavit of Support and provided the following supporting documents, to wit:

a. W2 and 1040 for 2015 BUT does not meet the federal poverty guidelines  (no 2013 and 2014 because he did not work due to accident and on disability)

b. detailed and current paystubs showing his per hour rate, the number of hours per week and the to date earnings which if computed annually would be more than 200% of the poverty level.

 

My questions are the following:

 

a. will we get an RFE because the W2 and 1040 for 2015 does not meet the federal poverty guidelines even if the current paystubs do? 

b. I want to be prepared for the worst as early as I now, Do you have any suggestions on what documents shall I secure?

c. Do you think we should explain and provide evidences for the non filing of the tax return on 2013 & 2014?

 

Thanks so much and May God bless you more.

 

 

 

 

 

 

 

 

[Kastrs 723]

It is possible he will get an RFE, assuming his financial situation has changed such that he met the guidelines for 2016, I would suggest that he file his taxes ASAP so you would be able to respond with 2016 tax info

[barbie.ness 15]

Thanks so much Kastrs, i appreciate it. From what I have read, it will also take time for the govt agency (IRS) to have the transcript available. And the RFE has a corresponding time. So I am very worried. 

2 minutes ago, Kastrs said:

It is possible he will get an RFE, assuming his financial situation has changed such that he met the guidelines for 2016, I would suggest that he file his taxes ASAP so you would be able to respond with 2016 tax info

[Kastrs 723]

You do not need to provide the tax transcript, as I stated above you need his tax info, so in the event you received the RFE prior to the time you could obtain the tax transcript you need to provide the COMPLETE copy of the tax return

[Ontarkie 14,275]

Moved to AOS Family from K1 P&P- As the OP has started the AOS process.~~

[Boo&Mica 157]

Be ready to be asked for a co-sponsor. You may want to find and have one before they send a RFIE (if they send one, who knows, maybe you get lucky ! ). Much luck !

[Suss&Camm 2,213]

We are in the same situation although my husband filed for 2013 and 2014, he was living at home and only worked part-time then. Other than what you supplied we also had a letter from employer stating when he was employed, his employment status, hourly wages, contact information on official company letter head. Normally they look at the last 6 months earnings when the tax return and/or transcript for that year isn't available, so the paystubs we provided reflect that period.

 

1. I think a non-filing statement from irs could be good to request

2. Letter from employer

3. Look around for co-sponsor, as suggested, just in case

 

anyhow, that's what I'd do  and fingers crossed for you

[barbie.ness 15]

thanks everyone for the input. I appreciate it. 

[EM_Vandaveer 2,408]

As long as you put his current income as "current income" on the I-864 and he has had his job for at least 6 months, you may not get RFEd. Depends on the adjudicator.

[Stevephoto 230]

On 1/4/2017 at 7:15 AM, Suss&Camm said:

We are in the same situation although my husband filed for 2013 and 2014, he was living at home and only worked part-time then. Other than what you supplied we also had a letter from employer stating when he was employed, his employment status, hourly wages, contact information on official company letter head. Normally they look at the last 6 months earnings when the tax return and/or transcript for that year isn't available, so the paystubs we provided reflect that period.

 

1. I think a non-filing statement from irs could be good to request

2. Letter from employer

3. Look around for co-sponsor, as suggested, just in case

 

anyhow, that's what I'd do  and fingers crossed for you

I agree that the pay stubs could certainly help. Good luck.