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Mrsjackson

Help needed! RFIE recieved

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Hello, 

 

I recieved an RFIE for my form 485. I sent in a copy of my spouse’s tax return and schedules. They’re requesting that I submit all tax documentation. Ok, so I printed off the transcript from IRS and if I understand correctly that will suffice. Here’s where it gets weird: 

 

It also says in the letter that “based on the documents submitted with Form 864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets.” 

 

This is strange because my husband actually made roughly $10,000 more than the 125 percent mark for our household size. I’m confused. Why would we need a joint sponsor? Please help. 

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Posted (edited)
13 minutes ago, Mrsjackson said:

Hello, 

 

I recieved an RFIE for my form 485. I sent in a copy of my spouse’s tax return and schedules. They’re requesting that I submit all tax documentation. Ok, so I printed off the transcript from IRS and if I understand correctly that will suffice. Here’s where it gets weird: 

 

It also says in the letter that “based on the documents submitted with Form 864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets.” 

 

This is strange because my husband actually made roughly $10,000 more than the 125 percent mark for our household size. I’m confused. Why would we need a joint sponsor? Please help. 

They are asking for a joint sponsor most likely because you did not submit complete tax documentation in the first place. Incomplete tax documentation means that they wont even consider the partial tax documentation or income reported.

 

Did you send earnings statements (W2s or 1099s) with the original submission? And are you sure you sent all pages and schedules of the most recent tax return. If you were missing a page or an earnings statement, likely that's why.

 

Sending a complete Transcript now will satisfy that though. Here is what is required for tax documentation to be considered complete. This is from the I864 instructions:

 

"Federal Income Tax Return Information.

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States. If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year. If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return. If you were required to file a Federal income tax return for that tax year but did not do so, you must file all late returns with the IRS and attach an IRS transcript or copy of your late return and submit it with Form I-864. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file. For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

Edited by K1visaHopeful

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Posted (edited)
7 minutes ago, K1visaHopeful said:

They are asking for a joint sponsor most likely because you did not submit complete tax documentation in the first place.

 

Did you send earnings statements (W2s or 1099s) with the original submission? And are you sure you sent all pages and schedules of the most recent tax return. If you were missing a page or an earnings statement, likely that's why.

 

Sending a complete Transcript now will satisfy that though. Here is what is required for tax documentation to be considered complete. This is from the I864 instructions:

 

"Federal Income Tax Return Information.

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States. If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year. If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return. If you were required to file a Federal income tax return for that tax year but did not do so, you must file all late returns with the IRS and attach an IRS transcript or copy of your late return and submit it with Form I-864. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file. For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

Thank you. That’s what I was thinking as well since how they worded it was “based on the documents submitted with Form I-864” which they obviously deem incomplete or insufficient in some way. I sent his 1040 and his schedule C. I thought that would suffice because he is self employed. He did get a few 1099’s actually from working for other contractors when his worked slowed a bit and I did not send those. 

 

So do you think sending them the IRS transcript for 2018 will satisfy them? And I won’t have to obtain a joint sponsor. I really wish they would just ask for more tax information and not include that really confusing bit about the income. I wonder if I should print off the 2019 poverty guidelines from their website and include it highlighting our household size’s 125 percent line and then writing a letter stating what my husband makes in comparison. Along with the transcript of course. 

Edited by Mrsjackson

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Posted (edited)
3 minutes ago, Mrsjackson said:

Thank you. That’s what I was thinking as well since how they worded it was “based on the documents submitted with Form I-864” which they obviously deem incomplete or insufficient in some way. I sent his 1040 and his schedule C. I thought that would suffice because he is self employed. He did get a few 1099’s actually from working for other contractors when his worked slowed a bit and I did not send those. 

 

So do you think sending them the IRS transcript for 2018 will satisfy them? And I won’t have to obtain a joint sponsor. I really wish they would just ask for more tax information and not include that really confusing bit about the income. I wonder if I should print off the 2019 poverty guidelines from their website and include it highlighting our household size’s 125 percent line and then writing a letter stating what my husband makes in comparison. Along with the transcript of course. 

I think submitting the transcript will be fine. I dont think explaining it would do you any good.

Edited by K1visaHopeful

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1 minute ago, K1visaHopeful said:

I think submitting the transcript will be fine. I dont think explaining it would do you any good.

Okay. Yes, I’m sure they have access to the guidelines themselves haha. So sending the transcript will eliminate the need to send W2’s and 1099’s and such?

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2 minutes ago, Mrsjackson said:

Okay. Yes, I’m sure they have access to the guidelines themselves haha. So sending the transcript will eliminate the need to send W2’s and 1099’s and such?

According to the instructions, no you dont need to submit earnings statements with the Transcript unless the taxes were filed jointly and you need to use the earnings statements to distinguish the sponsor's income from the other individual included on the tax return.

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

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4 minutes ago, K1visaHopeful said:

According to the instructions, no you dont need to submit earnings statements with the Transcript unless the taxes were filed jointly and you need to use the earnings statements to distinguish the sponsor's income from the other individual included on the tax return.

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

Thank you so much 

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18 hours ago, Mrsjackson said:

I thought that would suffice because he is self employed.

Self-employed income is after business expenses are deducted.  Not gross revenue of the business.  What was his net income after deducting business expenses?  That is the income they will look at, not the gross revenue number.

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Posted (edited)
3 hours ago, carmel34 said:

Self-employed income is after business expenses are deducted.  Not gross revenue of the business.  What was his net income after deducting business expenses?  That is the income they will look at, not the gross revenue number.

No his business made like over 100k. His individual income is what I reported and that was $47k. I’ve definitely got the right number his personal and business taxes were separate and I didn’t use his business numbers that’s for sure. I  looked into this letter and other users whose income was also sufficient had the same blurb when their supporting documents were deemed incomplete. The user above was right, once they don’t accept what you sent they automatically tell you your income isn’t sufficient not because it isn’t but because you haven’t proved it to their satisfaction. Other users in the same scenario reported sending the transcript (as I have done yesterday) and that resolved. Super confusing and not at all straight forward but that’s par for the course with immigration I guess. 

Edited by Mrsjackson

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4 minutes ago, Mrsjackson said:

No his business made like over 100k. His individual income is what I reported and that was $47k. Total income not AGI. I looked into this letter and other users whose income was also sufficient had the same blurb when their supporting documents were deemed incomplete. The user above was right, once they don’t accept what you sent they automatically tell you your income isn’t sufficient not because it isn’t but because you haven’t proved it to their satisfaction. Other users in the same scenario reported sending the transcript (as I have done yesterday) and that resolved. Super confusing and not at all straight forward but that’s par for the course with immigration I guess. 

I'm glad you wrote this exactly how you wrote it. I am going to cut and paste your response (and this thread) so I can repost it when needed if you dont mind. This happens alot and ppl dont understand. Your explanation is simple and accurate!

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12 minutes ago, K1visaHopeful said:

I'm glad you wrote this exactly how you wrote it. I am going to cut and paste your response (and this thread) so I can repost it when needed if you dont mind. This happens alot and ppl dont understand. Your explanation is simple and accurate!

Of course not, please do! Anything to help simplify this process for someone. I will do the same if I come across someone confused about the same thing!

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1 minute ago, Mrsjackson said:

Of course not, please do! Anything to help simplify this process for someone. I will do the same if I come across someone confused about the same thing!

Let us know how it goes by responding to your thread. I'm following!

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23 minutes ago, K1visaHopeful said:

Let us know how it goes by responding to your thread. I'm following!

I absolutely will! My response should get there Saturday and as soon as my case tracker is updated I’ll jump on here

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