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angelo_brianna

RFIE - I-864 Not enough income

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Hello everyone,
I just received a letter today with our RFIE, we are currently applying for AoS based on K1 Visa. I'm creating this topic because I'm very confused by what the letter says and after searching for similar info, I was unable to find someone in the same situation.

 

It says the following:
"
What You Need To Do 


• Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The joint sponsor must submit all supporting tax documents for the most recent tax year. 


• Based on the documents submitted with Form 1-864, Affidavit of Support, for the joint sponsor, the income did not meet 125 percent of the federal poverty guideline for the joint sponsor's household size. See Form 1-864P for information on the Federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form 1-864 Instructions for more information. If you decide to obtain a joint sponsor, they will need to submit:

• A completed and signed Form 1-864 (revision date 03/06/2018). All pages must be present and of the same revision date

• Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

• Evidence of their status as a United States citizen, United States National, or Lawful Permanent Resident 

 

• The total income (line 22) on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" (line 1) from IRS Schedule C or C-EZ.

 

If the petitioner or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor's income and 125 percent of the federal poverty guideline for the sponsor's household size.

• Assets must equal the difference for applicants filing as orphans.

• Assets must equal three times the difference for a spouse or child of a United States citizen. • Assets must equal five times the difference for all others. 


Acceptable evidence of assets:

• Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance;

• Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit;

• Evidence of ownership, value/equity, and dates acquired of other personal property;

• Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired. 
 

"


I applied with one joint sponsor, my father-in-law. 
- Both him and my wife (US Citizen) filed the I-864

- We did a mistake on both I-864 forms, on part 6, item 24.b and 24.c we left the boxes blank (Picture attached), because we thought we were only supposed to inform the most recent tax return info (2017), so we didn't fill that.
image.png.2e89efe306b4b127b0d2db173db1d137.png

 

- My father-in-law is self employed, he has his own company and his income is way more than the 125% required (more than 10x more). He submitted his federal tax returns for 2017 (around 100 pages worth of tax returns), we did not include the state taxes

- He did include his birth certificate with the I-864, to prove his citizenship.

 

I think the best thing to do would be to: 
- Fill both I-864 forms again (Sponsor and Joint-Sponsor) correcting that mistake made previously

- Send Joint-Sponsor's Federal and State tax returns for 2017 

- Send passport scan and birth certificate from joint-sponsor

Any suggestions? Sorry for the long thread, I hope I was clear enough.
Thank you!

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2 minutes ago, K1visaHopeful said:

What tax forms did you submit?

1. A photocopy of the 2017 Income tax return filed (all pages)

2. A 2017 IRS Transcript (all pages)

???

His accountant sent me all his federal tax returns from 2017, I am not exactly sure the difference between those 2 that you mentioned, but his accountant told me it was everything except state taxes.

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1 hour ago, angelo_brianna said:

His accountant sent me all his federal tax returns from 2017, I am not exactly sure the difference between those 2 that you mentioned, but his accountant told me it was everything except state taxes.

You are talking only about your co-sponsor only though. I am asking for both your sponsor and co-sponsor.

1 hour ago, K1visaHopeful said:

What tax forms did you submit?

1. A photocopy of the 2017 Income tax return filed (all pages)

2. A 2017 IRS Transcript (all pages)

???

What did you send for your sponsor from either of those above?

 

Better yet, can you post your cover letter showing everything you submitted for both your sponsor and co-sponsor?

Edited by K1visaHopeful

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14 hours ago, K1visaHopeful said:

You are talking only about your co-sponsor only though. I am asking for both your sponsor and co-sponsor.

What did you send for your sponsor from either of those above?

 

Better yet, can you post your cover letter showing everything you submitted for both your sponsor and co-sponsor?

For the Sponsor: 1040 and W2

 

Here's a copy of my cover letter for the I-485
 

1)      Packet for Form I-485, Application to Register Permanent Residence or Adjust Status Includes:

·       A personal check in the amount of $1225.00 made payable to U.S Department of Homeland Security

·       Form G-1145 – e-Notification of Application

·       Form I-485 signed and dated

·       Two (2) Passport Type Photos

·       Copy of my passport

·       Copy of my K-1 Visa and entry stamp

·       Copy of my foreign Birth Certificate along with a translated version in English.

·       Copy of my latest I-94

·       Copy of form I-797 Notice of Action -- Approval notice for I-129F fiancée petition

·       Certified copy of Marriage certificate

·       DS-3025 Vaccination supplement (Vaccination Documentation Medical Worksheet)

·       Copy of form I-797 Notice of Action – Approval notice for Application to Waive Foreign Residence Requirements (J-1 Visa)

·       Form I-864, Affidavit of Support from sponsor (Wife, NAME) Includes:

             o   2017 Federal Tax Returns

             o   Birth Certificate

·       Form I-864 Affidavit of Support from Co-sponsor (Father-in-law, NAME) Includes:

            o   2017 Federal Tax Returns

            o   Birth Certificate

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27 minutes ago, angelo_brianna said:

For the Sponsor: 1040 and W2

 

Here's a copy of my cover letter for the I-485
 

1)      Packet for Form I-485, Application to Register Permanent Residence or Adjust Status Includes:

·       A personal check in the amount of $1225.00 made payable to U.S Department of Homeland Security

·       Form G-1145 – e-Notification of Application

·       Form I-485 signed and dated

·       Two (2) Passport Type Photos

·       Copy of my passport

·       Copy of my K-1 Visa and entry stamp

·       Copy of my foreign Birth Certificate along with a translated version in English.

·       Copy of my latest I-94

·       Copy of form I-797 Notice of Action -- Approval notice for I-129F fiancée petition

·       Certified copy of Marriage certificate

·       DS-3025 Vaccination supplement (Vaccination Documentation Medical Worksheet)

·       Copy of form I-797 Notice of Action – Approval notice for Application to Waive Foreign Residence Requirements (J-1 Visa)

·       Form I-864, Affidavit of Support from sponsor (Wife, NAME) Includes:

             o   2017 Federal Tax Returns

-W2's (This doesnt say if you submitted W2's as well but they are required if you sent a copy of the actual tax returns with all of the schedules rather than an IRS Transcript (you dont need W2's when sending an IRS Transcript))

-Verification of Employment letter from current employer to prove CURRENT income if employed by a company. You are trying to prove current employment income even if the sponsor doesn't meet the 125%

-Copies of 6 months worth of paystubs from employer 

             o   Birth Certificate

 

·       Form I-864 Affidavit of Support from Co-sponsor (Father-in-law, NAME) Includes:

            o   2017 Federal Tax Returns

            o   Birth Certificate

-W2's (This doesnt say if you submitted W2's as well but they are required if you sent a copy of the actual tax returns with all of the schedules rather than an IRS Transcript (you dont need W2's when sending an IRS Transcript)). Possibly doesnt have them.

-since your co-sponsor is self employed he wont have an Employment Letter

-6 months worth of paystubs if he records his earnings that way

All of these things if applicable.

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22 hours ago, K1visaHopeful said:

All of these things if applicable.

My Wife is not working anymore because she is back in college (masters), so no paystubs and no current employment letter.

 

This time I will make sure i send the IRS transcripts for both my sponsors, and paystubs/bank statements and other info that proves a consistent income for my father-in-law.

Thank you, I hope that solves the issue and I don't get another RFE

 

 

 

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