2nd RFIE on I-864. How much proof of wife/Bene' new W-2 job is needed?

[PRC Rabbit 40]

Hello People  of VJ,

My wife came on a K1 last June.

We submitted our 1st AOS  package July with proof of income over 100% but below 125% and  assets >3x difference btwn 125%  FPL and income.

Got December RFE about our proof of assets,

Wife secured new job and we submitted a new I-864 based on her W-2 income and my 1099-R income without any asset proof.

 

Now we have  a 2nd RFIE with only 45 days to reply.

They sent us a form RFIE about Income with  no custom wording at all.

I'm not certain what they want.

 

After thinking all night I have 2 possibilities:

1. Did we err by  only sending 2 of her weekly pay-checks in for proof of her new job as opposed to several? We  extrapolated her annual income based on her weekly  check amount (x52 weeks).  Our combined income is mid 30's but perhaps her first 2 pay checks were not enough documentation or not enough numerically as well??  Must her new income be enough to raise mine over the 125% before it's accepted as proof?  That sounds bizzarre.  IDK, confusing as heck 

 

2.   We did not  send a written explanation why my Wife/Beneficiary did not file a Tax Return for 2018.  She entered USA in June 2018 and did not work until 2019.  If she worked she could have filed. She should have submitted a written Statement too?

Yes, I can see that.  We will make a written Statement why she also did not need to file tax return.

 

Thank you anyone who reads, Ned

 

[payxibka 10,044]

15 minutes ago, PRC Rabbit said:

 

Got December RFE about our proof of assets,

Wife secured new job and we submitted a new I-864 based on her W-2 income and my 1099-R income without any asset proof.

 

And proof of assets is what you should have provided

 

Your income does not matter because they are looking for the income of the sponsor

[K1visaHopeful 2,660]

3 minutes ago, PRC Rabbit said:

Hello People  of VJ,

My wife came on a K1 last June.

We submitted our 1st AOS  package July with proof of income over 100% but below 125% and  assets >3x difference btwn 125%  FPL and income.

Got December RFE about our proof of assets,

Wife secured new job and we submitted a new I-864 based on her W-2 income and my 1099-R income without any asset proof.

 

Now we have  a 2nd RFIE with only 45 days to reply.

They sent us a form RFIE about Income with  no custom wording at all.

I'm not certain what they want.

 

After thinking all night I have 2 possibilities:

1. Did we err by  only sending 2 of her weekly pay-checks in for proof of her new job as opposed to several? We  extrapolated her annual income based on her weekly  check amount (x52 weeks).  Our combined income is mid 30's but perhaps her first 2 pay checks were not enough documentation or not enough numerically as well??  Must her new income be enough to raise mine over the 125% before it's accepted as proof?  That sounds bizzarre.  IDK, confusing as heck.

The requirement to use current employment income seems to be that you need to provide a current Employment Verification Letter plus six months worth of paystubs as evidence. It does not really state that an EVL will be accepted without 6 months worth of paystubs but because it mentions that you can submit them and gives a distinct number of months of paystubs to submit, two may not have satisfied them.

This is stated is what is stated in the I864 instructions on page 8:

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. 

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

 

2.   We did not  send a written explanation why my Wife/Beneficiary did not file a Tax Return for 2018.  She entered USA in June 2018 and did not work until 2019.  If she worked she could have filed. She should have submitted a written Statement too?

Yes, I can see that.  We will make a written Statement why she also did not need to file tax return.

Hmmmm, it may be wise for you to file together as married filing jointly even if she had no income for 2018. (Or if she had foreign income, make a Resident Alien Election, declare her world wide income and then exempt it. Do that quickly, submit those 1040's although 2018 tax forms are not the most recent tax year until April 15th, 2019. I dont see how her not declaring that she did not file taxes in 2018 would have any relevance to this RFE though as 2018 taxes arent due yet but it may be a good idea to file together.

 

Thank you anyone who reads, Ned

 

 

[K1visaHopeful 2,660]

3 minutes ago, payxibka said:

 

And proof of assets is what you should have provided

 

Your income does not matter because they are looking for the income of the sponsor

And I agree. Because she had very little work under her belt as the intending immigrant, you should still include the assets this time.

[geowrian 22,335]

Personally I would be looking to find a joint sponsor at this point. They aren't likely to issue another RFIE, so refiling from scratch would be needed if the response isn't satisfactory.

 

The response must address 2 key points:

1) Enough income/assets to address the public charge concern. Reminder: This means it must be at least 125% of the FPL for the household size for consideration, but the final decision is based on the totality of the circumstances. Under 125% = denied. Above 125% = judgement call.

 

2) You must provide sufficient documentation of any income or assets being considered.

 

If you don't meet both conditions above, they will not accept the I-864.

It sounds like the first RFIE focused on item #2. The response focused on #1, hence the new RFIE.

Unfortunately, I'm not sure if the new RFIE is asking about #1 or #2 now. If you believe you actually provided sufficient documentation in the first response, then the issue is likely #1 and you will need a joint sponsor.

[USS_Voyager 1,971]

Remember where you live is also a factor. $54,000 (national average) may be a decent wage in a lot of places but if you live in New York City or San Francisco Bay area that might not be livable 

[Sarah&Facundo 576]

42 minutes ago, USS_Voyager said:

Remember where you live is also a factor. $54,000 (national average) may be a decent wage in a lot of places but if you live in New York City or San Francisco Bay area that might not be livable 

Their info says NYC and they say their income is in the mid-30s. Having lived in NYC myself for years, mid-30s is barely livable for even ONE person. This could also be a factor.

 

Also, isn't the I-864 solely based on the income of the sponsor? It shows proof that one can provide for the intending immigrant. They really don't care what the immigrant makes.

 

Assets are interesting too because you have to prove they are easily converted into liquid cash because of an emergency. If you have one house, it does not really count because you likely are not going to just up and sell your house to pay a surprise medical bill. Maybe you would with a second house, just as an example. It depends on what these assets are.

[p-ana 933]

They could use the immigrants income but in this situation it doesn’t seem like she has a stable enough job to qualify. As said before, it’s too risky and it’s time to look for a joint sponsor. 

[kris&me 572]

if she came june 2018 and you had to marry witihn 90 days,  why wasn't she on your tax returns for 2018?

married filing jointly would have helped 

 

have you carefully read the assets section?

not easy to do the work needed to show assets

 

you need to prove you can liquidate them without loosing your place to live

to use real estate you have to have the property appraised and show any liens on it

to use bank and savings you have to provide 12 months of bank statements

to include a car, you need to show you own another for personal use 

 

 

[nullaccount234 882]

She might have had to file her taxes for 2018. Just because she doesn't have income doesn't mean she's definitely not treated as a resident for tax purposes. If it's true that she arrived June 6th and she has not left the US for more than about three weeks in 2018, she does count as a tax resident as per the substantial presence test (183 days of presence in the tax year). And if she does I'm pretty sure she at least has to file the return and ask to not be counted as a tax resident, and specify why (stronger ties to another country). Or she files her return as a tax resident, and asks for an exemption for her foreign income, which I assume she's had in some capacity before she moved.

 

Also, like some already pointed out, filing jointly would have helped you since the standard deduction is x2. I assume you filed married filing separately.

Edited March 4, 2019 by LizM

[DaveAndAnastasia 2,078]

2 hours ago, LizM said:

Also, like some already pointed out, filing jointly would have helped you since the standard deduction is x2.

And the bracket cutoffs are doubled for married filing jointly, too.

[PRC Rabbit 40]

Wow, Thanks a lot People of VJ.

All your Replies were helpful and much appreciated.

I missed more than a few things it seems and the VJ community has caught me up.

A special gratitude for Flying Superman, that was spot-on target and my work is cut out for me. 

USCIS must receive  before April 12 and I should have time to file a fast 1040A online.

 

It is my understanding that   cash  assets  documented in our first   I-864 (Aug 2018) remain available for us to rely upon  (via  3x difference between 125% and FPL).  If true, can we add to our assets  or are we locked in to the asset figures submitted on our first I-864? 

 

It seems USCIS  makes it difficult to apply our new income.

It's standard W2 salary from a national Corp.

 

Our new income is  >$15k  above  the 125%FPL   so how to calculate the income or the  difference  for Asset use?

Pro-rate her weekly salary? 

I believed we had the cash assets last August (albeit USCIS didn't. We must have close) we  certainly have the cash assets now as we  are banking all the new salary.    

 

I have work to do for sure starting with 1040A tomorrow.

 

Thanks again People of VJ, ned

[PRC Rabbit 40]

Geowrian noted: "It sounds like the first RFIE focused on item #2. The response focused on #1, hence the new RFIE" 

Good observation and thank you for writing it in such a concise manner.

 

I'm apprehensive about deciphering  USCIS'  RFIE form itself. 

If they would plainly  state what the problem is or  what is missing,  it would be easier for everyone.

Instead, they sent me  a 'one size fits all' Income-Asset RFIE which almost begs for  an overly-broad or  misguided Reply.

 

Thanks again folks

ned

[PRC Rabbit 40]

Preparing our second  and final -45 day-  RFIE Answer. It's due in early April.

We are far over 125% income level based upon present-day,  indisputable 1099-R and W-2 income.

I'm trying to plan-out the form and strategy of my RFE Answer.

Our last RFE was a broad general recitation of  income requirements (no specific bulleted points) and I'm beginning to conclude USCIS is treating us in  bad faith.

 

It feels like I'm  guessing what it is USCIS wants.

I've wrestled with the notion that USCIS may discount my wife's new W-2 income because her employ is  less than 6 months.

But the cash from her employment  puts us over the 5x asset limit again (I still contend it's only 3x but no need to argue).

 

I withdrew  TDA funds in December 2018.

As an asset, the value  was diluted by the 3x/5x formula but as income it counted 100% on my 2018 1040 Return.

It's   1-time, non-recurring income so I  expect USCIS  to somehow discount  those funds too.

Likewise,  USCIS  may  disallow  the Beneficiaries'  W-2 earnings as income because it's less than 6 months?

That leaves  applying her  accumulated W2 earnings  as a  cash asset (albeit owned   less than 12 months but indisputably  W2 and US taxed funds).

 

Should USCIS once again disallow our  income and assets, they must have a specific reason why and not a broad recital of the income standards like our last RFE.  I feel like I'm chasing my tail.

 

USCIS'  non-specific RFE's  deprived of us of fundamental Notice and opportunity to be heard.

We are not at the Consulate anymore although I recognize her I-765 disappears along w/ lawful status, it's not like  she is overseas.

I grow weary of pro se appeals.

ned