RFE 864 does not looking at assets?

[jasonf 4]

I received a RFE on my wifes 485 application.  Specifically they mentioned 2 items relating the 864 form.  

 

1. Did not include 1099, W2, and other tax schedules with my recent year tax returns. 

I only sent in a copy of my IRS tax filings. I will provide the missing 1099's as that is all I have that was not sent in.  I hired a consultant to help me with the paperwork and he never mentioned I need to send in anything more than my tax return.  I don't think this is a big deal.  The second point is more of why I am confused.

 

2. It says I need a co sponsor because my income does not meet the requirement to sponsor my wife.

I am confused about this because I filled out section 7 of the 864 and submitted the most recent bank and investment accounts statements that show I have more than enough assets to cover the 3 times the poverty line amount if I had $0 income which my income is only a few thousand off from the poverty line anyway.  Outside of that I also provided bank statements from my wife which should cover us as well and also noted that in section 7 of the 864.  So my question is why are they ignoring my assets and telling me I need a co-sponser?  Is there something more I need to provide to them other than the most recent bank account statements?

 

I drafted a letter telling them I think they made a mistake by not looking at my assets which are sufficient so that I do not need a co sponsor.  Before I send this I would like to know if anyone knowledgeable about this process sees any issues with this?

 

Thanks  

[geowrian 22,335]

Point #1 means they cannot count the income. That results in point #2 - income not being sufficient.

[jasonf 4]

OK so why are they ignoring my assets and asking for a co sponser when we can qualify on assets alone?

[geowrian 22,335]

4 minutes ago, jasonf said:

OK so why are they ignoring my assets and asking for a co sponser when we can qualify on assets alone?

The I-864 as a whole is invalid without the tax return.

[jasonf 4]

I did send them my tax return.  just not the 1099's which the only thing missing as I do not have them filed with my return to the IRS.  If you want to help me out feel free to go back to my original  post and look at the sentences with a question marks at the end of them and respond specifically to my questions I would appreciate it. 

 

Thanks

[Villanelle 4,121]

Geowrain did answer your questions. For the 864 you can either send a tax transcript or complete tax returns. Complete tax returns means the 1040 form + all 1099s, W2s etc. Basically anything you used to prepare the returns. Everyone has a different tax situation so it is impossible to list what is required with yours. If you filled out any schedules which 1099 people often do they have to be included as well. 

 

Now the 864 requires your complete tax returns or transcripts regardless of whether or not you qualify based on them. As explained you did not provide that so you got the RFE. For assets like bank or investment accounts you typically need to show 1 year of statements to prove it is in fact your money and not someone just transferring X amount into your account so you qualify and then you giving it back to them. But because you did not provide the complete tax returns your whole form was deemed insufficient so yes, they ignored your assets and your income. You need to send tax transcripts or a complete return and I would add additional bank/investment statements going back at least 1 year if possible as well as an explanation as to where the money came from. 

[USS_Voyager 1,971]

22 minutes ago, jasonf said:

I did send them my tax return.  just not the 1099's which the only thing missing as I do not have them filed with my return to the IRS.  If you want to help me out feel free to go back to my original  post and look at the sentences with a question marks at the end of them and respond specifically to my questions I would appreciate it. 

 

Thanks

1. Tax returns = the 1040 + W2+ 1099 and all the schedules , basically the whole kit-n-caboodles. If you miss one piece of it, they say it is not complete and the process cannot move forward. In lieu of all of that, you can download your tax transcripts from the IRS website and it’s about 3-4 pages per year and that’ll work too

 

2. What kind of assets? Assets has to be easily converted into liquid within one year. Primary home is iffy as an asset because what’s you’re gonna do, sell your home?

[jasonf 4]

I did download my tax transcript and will include that as well.  There was not one available as my taxes were completed with a few days of when I sent in the application and it takes weeks or months to get the transcript posted to the IRS website according to my accountant.  Hopefully they don't give me a hard about including that as it was not an option they listed in the RFE.  Since they did not ask for asset information I am not sure blasting them with a few hundred pages of bank statements is a good idea?  Also, since the whole application is invalid why are they asking for a co sponsor before they can make a decision on the  on my IRS tax filing as they are requesting the information for my tax filing?

[Villanelle 4,121]

They ask for a co-sponsor because its a computerized system. So when the system sees 000000 for you it says hmm 000000 is not enough so a co-sponsor is needed. You are showing 00000 because your form was not complete so no income or assets on it were considered. 

 

Since you mentioned being a few thousand off from the poverty line I am assuming it to mean under the poverty guidelines and not over correct? If that is the case your assets will definitely be needed. 

[jasonf 4]

As I stated before I believe I have all the tax information ready to go and that part should be fine.  Does USCIS have a history of denying the applications before the interview when only showing most recent bank statements with the application for proof if assets?

[Villanelle 4,121]

I dont really understand the question. Does USCIS deny AOS packets because of 864 issues? Yes. All. The. Time. Every 864 is adjudicated on its own merits. The Officer has complete discretion. Some are more easy going then others. Currently the aff of support is undergoing changes. These changes do NOT apply to your case but the general mood at USCIS is enforcing stricter harsher guidelines. 

 

You say you got an RFE asking for 2 things. The complete tax return and a co-sponsor. You can reply to the RFE with just the tax returns and hope they then consider your income + the assets you listed as sufficient. If they dont they will probably send another RFE about the assets- but why add more time to the process?

[jasonf 4]

Well my question is specific to my case.  I am not concerned about cases that are denied due to 864 issues all off the time.  I am concerned how many of those 864 cases have been denied because of only the most recent monthly statements were provided with the application?  Or is anyone even aware of an example of someone in a similar situation where the person who only sent in the most recent bank statements of liquid assets had USCIS come back and ask for a RFE detailing more historical statements?  I searched these fourms and could not find any examples of a RFE for historical bank statements relating to assets.  Maybe you can share a link if you know of any. 

 

[Villanelle 4,121]

I get the feeling there is something more you are not disclosing...

 

Please check the instructions for the 864. They explain to use assets you need to submit documentation including proof of ownership and date acquired. Because as you said your case is specific to you it is unlikely you will find someone in the same exact scenario. 

 

If your income is below the guidelines by a few thousand but at the same time you have bank and investment accounts totaling 3x the guidelines its not strange for the Officer to wonder how you came into possession of such assets. 

 

USCIS also has a policy where they dont have to RFE you twice for the same thing. You already got an RFE for tax docs and a co-sponsor- so technically they do not have to RFE you for either tax docs or a co-sponsor again. But since they did not mention the assets on the first RFE they can send you a second one for the assets if they determine its needed.  

[jasonf 4]

I have checked the instructions carefully.  There are 2 sections that I have found in the instructions.  

 

1. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value

 

2.To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.

 

The 2nd section that asks for date of acquisition is referring to only real estate assets. 

 

The other supporting documentation they are asking for description , proof of ownership, net cash value can all be verified by a bank statement.  

 

As far as not disclosing all information We have more than 1 year of income in our lives and our income had varied over the years and we don't spend everything we make.  We also have substantial real estate investments but did not include that because the cash we have is more than sufficient the requirements for this application.    

[gregcrs2 1,777]

10 hours ago, jasonf said:

I have checked the instructions carefully.  There are 2 sections that I have found in the instructions.  

 

1. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value

 

2.To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.

 

The 2nd section that asks for date of acquisition is referring to only real estate assets. 

 

The other supporting documentation they are asking for description , proof of ownership, net cash value can all be verified by a bank statement.  

 

As far as not disclosing all information We have more than 1 year of income in our lives and our income had varied over the years and we don't spend everything we make.  We also have substantial real estate investments but did not include that because the cash we have is more than sufficient the requirements for this application.    

It's about traceability of funds.  By only providing, the last bank statement, there is no traceability of when the money was deposited.