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PRC Rabbit

3rd I-864: Most recent tax year vs Current income.

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Hello People,

We are preparing our  3rd  I-864 (2nd RFIE).

I'm confused about how to organize my Reply, it's the last one.

 

We first applied for AOS (via k1) in August 2018 by documenting 5x cash assets/125% FPL ...  using tax year 2017.

7 months later, we  now  qualify with  income (1099R and W2) alone.

We  filed our 2018 1040 Return and already  received our Tax Refund.

Our most recent tax year is 2018, right?

 

Should we continue to document 5x cash assets using 2018  income/tax year only?

Can USCIS apply the  "most recent tax year"  language to  exclude  Beneficiaries' 2019  W-2 income?.

So an either-or submission  documenting  both  current  household income   and  the  5x cash assets >125%FPL  for year 2018? 

 

USCIS is  so petty and officious about documentation.

They make it  more difficult than it should be.

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Posted (edited)
28 minutes ago, PRC Rabbit said:

 

Can USCIS apply the  "most recent tax year"  language to  exclude  Beneficiaries' 2019  W-2 income?.

 

Do you mean the beneficiary's 2018 W2 income (ie they would not have a W2 for 2019 yet) or do you mean current employment income supported by an Employment Verification letter plus at least 6 months worth of paystubs for the immigrant?

Edited by K1visaHopeful

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Posted (edited)

Thanks for taking a stab at my poorly worded question.

I'm feeling positive about this submission.

 

Once our 2018 Joint Tax Return was filed by IRS,  it simplified the 2018 issues.

Our current income since  January is well above the 125% FPL for 2019 and easily documented.

 

It seems the two RFE maximum for I-864 submission  is to   shape-up  the  papers for the ultimate decision.

At least for cases falling under 9 FAM 302.8-2 (C)(9) "Submitting Form I-864, Affidavit of Support Under

Section 213A of the Act" section  (b) (3), where the RFE process is described: 

"NVC will review the submitted form I-864 for clerical completeness and provide the sponsor two  opportunities

to supply any missing information or documents.  After the second review, NVC forwards the Affidavit of Support

with the case file directly to the post".

 

Does that sound right??

ned

Edited by PRC Rabbit

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5 minutes ago, PRC Rabbit said:

Thanks for taking a stab at my poorly worded question.

I'm feeling positive about this submission.

 

Once our 2018 Joint Tax Return was filed by IRS,  it simplified the 2018 issues.

Our current income since  January is well above the 125% FPL for 2019 and easily documented.

 

It seems the two RFE maximum for I-864 submission  is to   shape-up  the  papers for the ultimate decision.

At least for cases falling under 9 FAM 302.8-2 (C)(9) "Submitting Form I-864, Affidavit of Support Under

Section 213A of the Act" section  (b) (3), where the RFE process is described: 

"NVC will review the submitted form I-864 for clerical completeness and provide the sponsor two  opportunities

to supply any missing information or documents.  After the second review, NVC forwards the Affidavit of Support

with the case file directly to the post".

 

Does that sound right??

ned

Nvc doesnt review anything for AOS. Not sure what you are asking...

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