Got RFE, advice needed

[R&N2019 0]

Hello everyone, 

 

I did my research  for about a week now without  much  success, so I hope to hear some expert opinions  

We received RFE for 485,  in  particular due to I-846 form.  Out household is just two, so sponsor's income should be over 21.137. We did joint filing,  but sponsor's individual income according to taxes for 2018 is much over 21.137. His employment is both via W2 and 1099. So lots of tax papers,  plus owning INC company. For some reason they still sent us RFE that sponsor doesnt make enough money  though he does and it has been all submitted.  Any  thoughts here? 

They asked to resubmit all sponsor's tax papers ( mmm... I think we did forget to include the 1099 forms). Would it be a  reason for them to not consider sponsor having any income at all? Letter said according to  papers submitted he doesnt make enough money, not some forms are missing. Or they  just  have one standard response that cant  be modified? 

Would they like IRS  transcript for 2018 better? Then there would be no missing info?

 

we were thinking adding assets in the response ( just in case)..... he owns few semi trucks - they are not in a blue book... how to get its value?  there is no blue book of any kind for that category of cars....And yes, we also have personal use ones to be able to list other ones.... How do you  even  list them in I-864? in additional notes? 

 

we were thinking about adding extra sponsor (household relative) but again primary sponsor  should qualify already.... I looked at paperwork - it  says  in instructions they  can be called out  for fingerprints and interview? never heard of it before? is it actually happening? he is a busy bee with  frequent traveling schedule and not sure how that  would  fly. 

 

also a side  question - does this kind of  RFE affect AOE processing? 

 

Do they only send one RFE? if we miss something again, will they just  drop it?

 

If it  matters it is filed i130 and 485 at  the  same time at National benefits center. 

 

Thank you  everyone for taking a minute to read it, any constructive input would be  highly appreciative. It is not like there are multiple attempts to respond these guys...

Edited August 25, 2019 by R&N2019
forgot question

[geowrian 22,335]

If they don't have all the information to support the income, then they don't consider it at all and therefore the income is insufficient.

 

Generally, the tax transcripts are suggested as it's simpler / less documents to miss. That said, go by the wording on the RFE for whatever they request.

 

Assets are optional if income is sufficient. Assets need to be fully documented - ownership, net value, etc., per the I-864. In the case of something like vehicles w/o a NADA/KBB value, an appraisal would generally be the closest way to determine their value.

 

That said, I'll reiterate that if income is sufficient, then assets are optional. I would focus on providing what was requested, which presumably was documentation. Adding more complexity (a joint sponsor, assets, etc.) means more documentation is needed.

 

Generally, expect only a single RFE for a particular topic. I have seen people get more than one with the I-864, but anticipate that you only get 1 shot.

Edited August 25, 2019 by geowrian

[Lemonslice 4,553]

26 minutes ago, R&N2019 said:

Hello everyone, 

 

I did my research  for about a week now without  much  success, so I hope to hear some expert opinions  

We received RFE for 485,  in  particular due to I-846 form.  Out household is just two, so sponsor's income should be over 21.137. We did joint filing,  but sponsor's individual income according to taxes for 2018 is much over 21.137. His employment is both via W2 and 1099. So lots of tax papers,  plus owning INC company. For some reason they still sent us RFE that sponsor doesnt make enough money  though he does and it has been all submitted.  Any  thoughts here? 

They asked to resubmit all sponsor's tax papers ( mmm... I think we did forget to include the 1099 forms). Would it be a  reason for them to not consider sponsor having any income at all? Letter said according to  papers submitted he doesnt make enough money, not some forms are missing. Or they  just  have one standard response that cant  be modified? 

Would they like IRS  transcript for 2018 better? Then there would be no missing info?

 

we were thinking adding assets in the response ( just in case)..... he owns few semi trucks - they are not in a blue book... how to get its value?  there is no blue book of any kind for that category of cars....And yes, we also have personal use ones to be able to list other ones.... How do you  even  list them in I-864? in additional notes? 

 

we were thinking about adding extra sponsor (household relative) but again primary sponsor  should qualify already.... I looked at paperwork - it  says  in instructions they  can be called out  for fingerprints and interview? never heard of it before? is it actually happening? he is a busy bee with  frequent traveling schedule and not sure how that  would  fly. 

 

also a side  question - does this kind of  RFE affect AOE processing? 

 

Do they only send one RFE? if we miss something again, will they just  drop it?

 

If it  matters it is filed i130 and 485 at  the  same time at National benefits center. 

 

Thank you  everyone for taking a minute to read it, any constructive input would be  highly appreciative. It is not like there are multiple attempts to respond these guys...

Please list exactly what you already sent, and quote what is written on the RFE.

[R&N2019 0]

I have attached the 1st page of the letter, after that  it covers some instructions for joint sponsorship and/or  assets

[R&N2019 0]

As what we have sent with i-864 it was: 

-W2 forms (since it is joint filing), sponsor gets both W2 and 1099 from different companies

- form 1040, Schedules 1, C, E, 1040-v.

- Letter from accountant who prepared  taxes confirming individual income out of reported joint income. 

- sponsor's Passport

 

We  did miss 1099s, they were in wrong folder ;( , but we will resubmit them this time. 

Also company registration info, EIN letter... and IRS transcript -  they happen to have  various versions online and one of them is sponsor's only  info. 

 

Is it worth adding credit score info? 

Whose appraisal for commercial trucks would be considered sufficient? 

 

[geowrian 22,335]

Sounds like some tax forms were missing. I would start there by providing a full copy of the entire tax return.

The second bullet point is automatic upon the first one.

 

I doubt credit score would be beneficial. I think you're reading more into what is being requested than what is on the RFE.

[pushbrk 12,106]

22 minutes ago, geowrian said:

Sounds like some tax forms were missing. I would start there by providing a full copy of the entire tax return.

The second bullet point is automatic upon the first one.

 

I doubt credit score would be beneficial. I think you're reading more into what is being requested than what is on the RFE.

In this case, I would submit BOTH the complete tax return AND a tax return transcript.  Note that since your sponsor is both employed AND self employed, his "current income" will be what appears on line 6 of the 2018 tax return and past income will come from line 22 of the previous two returns.  

 

THAT, is his "income".  If it is insufficient, get a qualified joint sponsor.

 

Note:  You posted your question in the spouse visa forum.  This is NOT a visa case.  It's an adjustment of status.

[geowrian 22,335]

* Moved from IR-1/CR-1 P&P forum to AOS from Work, Student, and Tourist Visas forum *

[R&N2019 0]

Thank you for all the feedback! I appreciate it. 

I looked again in tax form, line 6, he has more then required income. That tax return is also filed jointly so it may make it more complicated. We only sent for year 2018, his previous ones didn't look as good. 

I am still curious about joint sponsor - instructions say he can be called for background check and for interview? Haven't heard about it before, is it new?