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Desperately need help - RFIE - I 864

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Hello Everyone, thanks in advance for whoever is gonna help me here.

Here is my case:

We submitted green card application in June, by the time my husband hadn't submitted his 2018 Tax return yet, he extended it until October. 

On our original I-864 form, for the "most recent tax year",  we only put down 2017,2016,2015.

No surprise we received a RFIE, after my husband submitted his tax return for 2018, we decided to use assets to make up for 2018 poverty guideline.

 

We prepared all the documents for the assets, but, here is the question:

Do we need to fill out a new I 864 form?

since we didn't put down 2018 in our original i 864, also we are using assets this time(we were not using assets in our original form because 2017 2016 2015 all met poverty guideline). 

My husband is strongly against filling out a new form, he thinks a new form will make the process go from the beginning and cause more trouble. yet I think it's the right thing to do. 

Thanks again everyone!!

Edited by JourneyAos
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Filed: AOS (apr) Country: Philippines
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27 minutes ago, JourneyAos said:

Hello Everyone, thanks in advance for whoever is gonna help me here.

Here is my case:

We submitted green card application in June, by the time my husband hadn't submitted his 2018 Tax return yet, he extended it until October. 

On our original I-864 form, for the "most recent tax year",  we only put down 2017,2016,2015.

No surprise we received a RFIE, after my husband submitted his tax return for 2018, we decided to use assets to make up for 2018 poverty guideline.

 

We prepared all the documents for the assets, but, here is the question:

Do we need to fill out a new I 864 form?

since we didn't put down 2018 in our original i 864, also we are using assets this time(we were not using assets in our original form because 2017 2016 2015 all met poverty guideline). 

My husband is strongly against filling out a new form, he thinks a new form will make the process go from the beginning and cause more trouble. yet I think it's the right thing to do. 

Thanks again everyone!!

Well what did the RFIE say? You don’t have to fill out a new I-864 unless the RFIE letter asked for it.

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5 minutes ago, Pengunista said:

Well what did the RFIE say? You don’t have to fill out a new I-864 unless the RFIE letter asked for it.

• Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The petitioning sponsor must submit all supporting documents tax documents for the most recent tax year.

 

· Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor, you will need to:

-      Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present andof the latest edition date.

-      Provide the joint sponsor’s Social Security Number on Form I-864.

-      Provide a complete and correctly calculated household size on Form I-864.

-      Submit a complete copy of the joint sponsor’s Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

-      Submit evidence of the joint sponsor’s status as a United States citizen.

 

This is the letter we received, we figured because we didn't submit 2018 tax return, so that's why we prepared the 2018 tax return and also the assets to make up for the difference to meet the poverty guideline 

Edited by JourneyAos
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Filed: AOS (apr) Country: Philippines
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1 minute ago, JourneyAos said:

• Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The petitioning sponsor must submit all supporting documents tax documents for the most recent tax year.

 

· Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor, you will need to:

-      Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present andof the latest edition date.

-      Provide the joint sponsor’s Social Security Number on Form I-864.

-      Provide a complete and correctly calculated household size on Form I-864.

-      Submit a complete copy of the joint sponsor’s Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

-      Submit evidence of the joint sponsor’s status as a United States citizen.

Okay well, are you guys planning on getting a joint sponsor? If not then you don’t need to fill up a new form. But you need to send all the supporting tax documents they mentioned on the first part to prove to them that you meet the poverty guideline.  If you don’t mind me asking, do you guys meet the poverty guideline? 

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Just now, Pengunista said:

 If you don’t mind me asking, do you guys meet the poverty guideline? 

No, we did not meet the guideline for 2018. He was traveling and in between jobs. 

That's why we decided to use the assets to make up the difference. 

we are not getting a joint sponsor either. 

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2 hours ago, Pengunista said:

Okay well, are you guys planning on getting a joint sponsor? If not then you don’t need to fill up a new form. But you need to send all the supporting tax documents they mentioned on the first part to prove to them that you meet the poverty guideline.  If you don’t mind me asking, do you guys meet the poverty guideline? 

May I ask since we didnt meet the poverty guideline, do we need to update/fix the I-864 form with information like assets?

Thank you very much, truly appreciate your help here. 

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Filed: AOS (pnd) Country: Thailand
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2 hours ago, Pengunista said:

Okay well, are you guys planning on getting a joint sponsor? If not then you don’t need to fill up a new form. But you need to send all the supporting tax documents they mentioned on the first part to prove to them that you meet the poverty guideline.  If you don’t mind me asking, do you guys meet the poverty guideline? 

Hey there, I have a quick question after reading this post. My spouse (petitioner ) is a Military active duty and his income is about $40,000 but in part 6 question #23B (optional) to attach second and 3rd most recent years of tax return. I only attached 2018 and 2017.

 

Will I get RFIE  for not sending 2016 tax return? ... it says optional and my spouse income is over poverty guidelines.

 

Thank you in advance.

10/02/19 AOS Package received.
10/15/19 Hard copy NOA received with a notice.
10/19/19 Received I-797C biometric appointment.
11/01/19 Biometrics completed.
11/08/19 Case was updated to Fingerprints were taken and in Process.
11/26/19 Form I-485 "Case is ready to be scheduled for an interview".
01/21/20 I-765 "New card is being produced".
01/22/20 I-765 "Case was approved".
01/23/20 Form I-485 "Interview was scheduled".
01/24/20 I-765 "Card Was Mailed to me".
01/27/20 I-765 "Card was picked up by USPS" expected delivery by 01/29/20.
01/27/20 I-765 "Approval notice letter".
01/27/20 Form I-485 Interview Letter received. Interview Date 03/04/2020.

01/29/20 EAD Card in hand.

03/04/20 Interview was complete but my case must be reviewed.

03/05/20 New Card is being Produced.

03/06/20 I-130 and I-485 "Case was approved"

03/10/20 10 years Green card in hand.

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Filed: AOS (apr) Country: Philippines
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22 minutes ago, JourneyAos said:

May I ask since we didnt meet the poverty guideline, do we need to update/fix the I-864 form with information like assets?

Thank you very much, truly appreciate your help here. 

Here is the thing, if you send in the most recent tax that you guys didn’t send the last time and possibly paystubs for the las 6 months would you guys qualify, along with your assets and all?
 

you said you guys didn’t meet the guideline during 2018, you said your husband was in between jobs. Is he working now? 

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43 minutes ago, Pengunista said:

Here is the thing, if you send in the most recent tax that you guys didn’t send the last time and possibly paystubs for the las 6 months would you guys qualify, along with your assets and all?
 

you said you guys didn’t meet the guideline during 2018, you said your husband was in between jobs. Is he working now? 

thanks for your reply. 
yes, if we send in 2018 tax return along with assets(60 times the difference) we would qualify. 
but we don’t have paystubs, because he is self employed. He just started a new business, and he is working now. 

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If you don't submit a new I864 the amounts you input in the old one wont back up your new financial documents.

They have to match for anything to be considered.

 

You arent starting from scratch for the entire process.

You are however needing them to reevaluate your I864 because the old one was not accepted.

 

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1 hour ago, K1visaHopeful said:

If you don't submit a new I864 the amounts you input in the old one wont back up your new financial documents.

They have to match for anything to be considered.

 

You arent starting from scratch for the entire process.

You are however needing them to reevaluate your I864 because the old one was not accepted.

 

Thank you very much for your reply. 
This is exactly what I thought.

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Filed: K-1 Visa Country: Czech Republic
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14 hours ago, thausa said:

Hey there, I have a quick question after reading this post. My spouse (petitioner ) is a Military active duty and his income is about $40,000 but in part 6 question #23B (optional) to attach second and 3rd most recent years of tax return. I only attached 2018 and 2017.

 

Will I get RFIE  for not sending 2016 tax return? ... it says optional and my spouse income is over poverty guidelines.

 

Thank you in advance.

Military as well, only need 100%, we only send the recent tax returns (2018) as the other 2 are not mandatory. If thats gonna be enough, we will see. We sent the petition in September, havent received RFE yet.

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Filed: AOS (pnd) Country: Thailand
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1 hour ago, Eva_AJ said:

Military as well, only need 100%, we only send the recent tax returns (2018) as the other 2 are not mandatory. If thats gonna be enough, we will see. We sent the petition in September, havent received RFE yet.

Thank you 💛

We sent the package 10/01/2019

I have my Biometric next week.

10/02/19 AOS Package received.
10/15/19 Hard copy NOA received with a notice.
10/19/19 Received I-797C biometric appointment.
11/01/19 Biometrics completed.
11/08/19 Case was updated to Fingerprints were taken and in Process.
11/26/19 Form I-485 "Case is ready to be scheduled for an interview".
01/21/20 I-765 "New card is being produced".
01/22/20 I-765 "Case was approved".
01/23/20 Form I-485 "Interview was scheduled".
01/24/20 I-765 "Card Was Mailed to me".
01/27/20 I-765 "Card was picked up by USPS" expected delivery by 01/29/20.
01/27/20 I-765 "Approval notice letter".
01/27/20 Form I-485 Interview Letter received. Interview Date 03/04/2020.

01/29/20 EAD Card in hand.

03/04/20 Interview was complete but my case must be reviewed.

03/05/20 New Card is being Produced.

03/06/20 I-130 and I-485 "Case was approved"

03/10/20 10 years Green card in hand.

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