RFE for I864 need help

[chimichanga 3]

So we just received an RFE. My USC spouse makes about $38,000 annually. Last year she made about $35k and I made about $15k.  Our combined income was about $50k. In the RFE its asking for W-2's, 1099's and tax schedules(if any). The RFIE also stated that her income did not meed 125% of Poverty line.

 

I do not know how this could happen when we provided our 2016 IRS tax transcript, Letter of Employment and 3 pay-stubs in the initial filing. We have no problems sending them again. In fact, this time we are sending

2016 Tax return transcript
W-2 for both my USC spouse and me

Letter of Employment for spouse
Last 6 months of pay stubs
1040 Form filed directly with IRS


Do you think we need to resubmit form I-864? In Part 6, Question 19a, under The most recent gross adjusted income, we put $50k as we filed our taxes as married filling jointly. Do you think we need to put her "individual" income of $35k there as opposed to our total income since we filed together? I do not think we need to use assets or a joint sponsor since we make enough. Also, last year in May my wife switched jobs so she has 2 W-2's for last year. Is that OK? This is for a concurrent filing AOS.

[aleful 1,905]

did you legally make that income?

 

if not then your income doesn't count, he needs his individual income, employment letter, w2 of what he makes alone and paystubs

 

 

[chimichanga 3]

Yes I legally made the income. I am an F-1 student and made that income working on campus at my college with a valid on campus work permit and paid my taxes.

[arken 4,197]

Mentioning what you exactly sent last time and what the RFE is exactly asking will help suggesting how to respond to the RFE. If one piece is missing, RFE normally says does not meet the poverty line as they can't trust the annual income claimed in i864.

 

Your income can only be included in i864 if you can provide a statement from your employer that your employment and current income will continue once you become a permanent resident. If you did not provide such statement last time, the reviewing officer neglected your income, so he could not use the total annual income you mentioned on i864. The tax return transcript doesn't tell how much your wife earned solo, that's why they asked for W2 and other associated tax return forms. 

 

 

[azblk 338]

1 hour ago, chimichanga said:

So we just received an RFE. My USC spouse makes about $38,000 annually. Last year she made about $35k and I made about $15k.  Our combined income was about $50k. In the RFE its asking for W-2's, 1099's and tax schedules(if any). The RFIE also stated that her income did not meed 125% of Poverty line.

 

I do not know how this could happen when we provided our 2016 IRS tax transcript, Letter of Employment and 3 pay-stubs in the initial filing. We have no problems sending them again. In fact, this time we are sending

2016 Tax return transcript
W-2 for both my USC spouse and me

Letter of Employment for spouse
Last 6 months of pay stubs
1040 Form filed directly with IRS


Do you think we need to resubmit form I-864? In Part 6, Question 19a, under The most recent gross adjusted income, we put $50k as we filed our taxes as married filling jointly. Do you think we need to put her "individual" income of $35k there as opposed to our total income since we filed together? I do not think we need to use assets or a joint sponsor since we make enough. Also, last year in May my wife switched jobs so she has 2 W-2's for last year. Is that OK? This is for a concurrent filing AOS.

if your spouse has no other dependents then she makes plenty to sponsor you. There is no need to include your income.

[chimichanga 3]

Yes my spouse makes makes plenty on her own. Since we filed taxes jointly, do I need to include my work permit? I know my income is not considered but I am thinking that USCIS would be interested in knowing that my source of income was legal.

[Nelly17 10]

5 minutes ago, chimichanga said:

Yes my spouse makes makes plenty on her own. Since we filed taxes jointly, do I need to include my work permit? I know my income is not considered but I am thinking that USCIS would be interested in knowing that my source of income was legal.

Im F1 too and worked in 2015 with OPT but I didnt send my w2. We only sent my spouse's w2, letter of employment and our jointly filed taxes. So far I havent received any rfe so I think that was the right thing.

Since your spouse makes enough money, then you dont need to provide your work permit. Though you would add the exact amount that you both made since that's what is on your tax form. 

[azblk 338]

22 minutes ago, chimichanga said:

Yes my spouse makes makes plenty on her own. Since we filed taxes jointly, do I need to include my work permit? I know my income is not considered but I am thinking that USCIS would be interested in knowing that my source of income was legal.

No USCIS is not interested knowing that your income is from authorized employment. It has no bearing on their decision.

[chimichanga 3]

So do I need to send form I-864 again or not?

[azblk 338]

21 minutes ago, chimichanga said:

So do I need to send form I-864 again or not?

I think you need to file another i-864 with only your spouses income, attach your joint  tax return for 2016, her  W2 and her pay stubs. Your income would only come into play if your spouse didn't make enough to sponsor you, but that is not the case here.

Edited May 28, 2017 by azblk

[arken 4,197]

Yes, you need to send a new i864 mentioning your wife's income only in annual income and in last three tax years. Don't include the joint income since your income can't be used for sponsorship unless you get the letter from your school that you will get such income after getting the green card which is very unlikely to get from the school. Send all her (nothing urs) tax related and income verification supporting documents you listed earlier.

[96987 1]

Make sure you put the exact total income on your jointly filed return in question 19a(bc). (So not as suggested above just your wife's part.)

The income from just your wife goes in where they ask for current individual income and if you are not using your income that same number will also be the total household income. (So don't list your income at any of the household member spaces, since you don't use it to qualify, but DO include it in 19abc because that number needs to match your joint return.)

Also include all W2's, including yours, with the tax transcript/return. I've read recent rfe's for not including a W2 from a spouse who was not used to qualify.

 

[Suss&Camm 2,213]

7 hours ago, 96987 said:

Make sure you put the exact total income on your jointly filed return in question 19a(bc). (So not as suggested above just your wife's part.)

The income from just your wife goes in where they ask for current individual income and if you are not using your income that same number will also be the total household income. (So don't list your income at any of the household member spaces, since you don't use it to qualify, but DO include it in 19abc because that number needs to match your joint return.)

Also include all W2's, including yours, with the tax transcript/return. I've read recent rfe's for not including a W2 from a spouse who was not used to qualify.

 

OP, this is the correct way of filling it out. Follow 96987's advise.

[chimichanga 3]

9 hours ago, 96987 said:

Make sure you put the exact total income on your jointly filed return in question 19a(bc). (So not as suggested above just your wife's part.)

The income from just your wife goes in where they ask for current individual income and if you are not using your income that same number will also be the total household income. (So don't list your income at any of the household member spaces, since you don't use it to qualify, but DO include it in 19abc because that number needs to match your joint return.)

Also include all W2's, including yours, with the tax transcript/return. I've read recent rfe's for not including a W2 from a spouse who was not used to qualify.

 

This is exactly how Infilled it and submitted it in the initial packet. Should I send it again?

[Suss&Camm 2,213]

11 minutes ago, chimichanga said:

This is exactly how Infilled it and submitted it in the initial packet. Should I send it again?

If you did this it is correct, but I'd still resend it - the likely cause of the rfe is them wanting the w2's from employers to verify her individual and household income.