Exactly what Tax Forms for I-864? RFE issue (merged)

[Villanelle 4,121]

On the 864 you have to include any unmarried children under 21 regardless of whether or not they are on your tax returns. You can only exclude them if they are over age of majority (most states 18) and you do not claim them on taxes. So first look at how many of the kids fall into that catagory. Then you also count your spouse and any one else you claim as a dependent on taxes. There is no age limit for someone being counted as a dependent. Many people claim their elderly parents as dependents. To claim someone as a dependent typically you have to provide 50% or more of their support. So you need to look at the tax returns and see if they have any dependents on it.  This is all covered in the form instructions. Read through them carefully. 

 

Depending on the numbers and any dependents the Officer will make a judgement call if they want the 864a from mom. You can send it in now with out mom and hope the Officer is not one that always wants the 864a from mom. Keep in mind dads income only (51k above) needs to be enough for their household size + immigrant with out using moms portion on the tax return.  If you send it in w/o mom you should work on gathering moms info in case you are RFEd for the 864a. Dont wait for the RFE to start gathering stuff if its going to be difficult. Its better to have it and not need it then to be scrambling looking for it before the RFE deadline. 

 

 

 

[K + M 47]

5 minutes ago, Villanelle said:

On the 864 you have to include any unmarried children under 21 regardless of whether or not they are on your tax returns. You can only exclude them if they are over age of majority (most states 18) and you do not claim them on taxes. So first look at how many of the kids fall into that catagory. Then you also count your spouse and any one else you claim as a dependent on taxes. There is no age limit for someone being counted as a dependent. Many people claim their elderly parents as dependents. To claim someone as a dependent typically you have to provide 50% or more of their support. So you need to look at the tax returns and see if they have any dependents on it.  This is all covered in the form instructions. Read through them carefully. 

 

Depending on the numbers and any dependents the Officer will make a judgement call if they want the 864a from mom. You can send it in now with out mom and hope the Officer is not one that always wants the 864a from mom. Keep in mind dads income only (51k above) needs to be enough for their household size + immigrant with out using moms portion on the tax return.  If you send it in w/o mom you should work on gathering moms info in case you are RFEd for the 864a. Dont wait for the RFE to start gathering stuff if its going to be difficult. Its better to have it and not need it then to be scrambling looking for it before the RFE deadline. 

 

 

 

I would just first like to say thank you, you have been amazing, amazing, amazing, such a huge help.  Also along with everyone else here on this thread.  I would like to ask if sent in without moms, is there a chance the whole thing would be straight up denied and the I-485 nulled and voided or would they ask for the RFE from mom first if they want one.  Basically asking if they want the 864a from mom, but just sent dads in would they ask for the RFE for that or just jump straight to a denial and throw away this 485 since 1 RFE has already been done.  

[SalishSea 16,984]

45 minutes ago, Kerri and Myles said:

I would just first like to say thank you, you have been amazing, amazing, amazing, such a huge help.  Also along with everyone else here on this thread.  I would like to ask if sent in without moms, is there a chance the whole thing would be straight up denied and the I-485 nulled and voided or would they ask for the RFE from mom first if they want one.  Basically asking if they want the 864a from mom, but just sent dads in would they ask for the RFE for that or just jump straight to a denial and throw away this 485 since 1 RFE has already been done.  

Why tempt fate?  One thing is for sure, they will not send RFEs ad infinitum.  They will straight out deny if they do not get an adequate response to their RFE.

[K + M 47]

36 minutes ago, Jorgedig said:

Why tempt fate?  One thing is for sure, they will not send RFEs ad infinitum.  They will straight out deny if they do not get an adequate response to their RFE.

Well I was just asking because getting the information for just the joint sponsor would be a lot faster for us so if we were able to send that I-864 in for him as an adequate response to this RFE would we would be able to do that very quick where as getting the I-864a is going to be extremely difficult.

Edited November 24, 2019 by Kerri and Myles

[NikLR 13,220]

If they file taxes jointly you have all the pertinent information anyhow, she's merely signing the form.  Either way her spouse is obligated and that puts an obligation on the family, which is why many CO and IO will ask for the I-864a.  Since this is in response to an RFE already, it would be highly preferable to answer it completely within the time period.  But answering within the time period is the most important. 

Edited November 24, 2019 by NikLR

[K + M 47]

33 minutes ago, NikLR said:

If they file taxes jointly you have all the pertinent information anyhow, she's merely signing the form.  Either way her spouse is obligated and that puts an obligation on the family, which is why many CO and IO will ask for the I-864a.  Since this is in response to an RFE already, it would be highly preferable to answer it completely within the time period.  But answering within the time period is the most important. 

 

Our plan of attack to tackle and respond to this RFE is as follows:

 

For myself supply:  

 

IRS Verification Letter of Non-Filing for the last 3 years

Formal written letter stating why no filing last 3 years

Birth Certificate (since did not supply in initial)

 

For my Dad (Joint Sponsor):

 

Form I-864

Tax Transcripts for the last 3 years

Pay Stubs

W-2

Birth Certificate

 

For my Mom (Spouse - Household Member):

 

Form I-864a

Pay Stubs

W-2

Birth Certificate

 

 

If there is anything at all that could strengthen our response to this RFE please let us know, but from everything that I have gathered this is what can make the response 100% to go through.  They gave us 87 days from the date the RFE was sent out and we got it about 4 days after it was sent out so 83, so I am acting as if it is really 50, so in my eyes we all have about 1.5 months to finish this.

 

 

 

 

 

Edited November 24, 2019 by Kerri and Myles

[NikLR 13,220]

47 minutes ago, Kerri and Myles said:

 

Our plan of attack to tackle and respond to this RFE is as follows:

 

For myself supply:  

 

IRS Verification Letter of Non-Filing for the last 3 years

Formal written letter stating why no filing last 3 years

Birth Certificate (since did not supply in initial)

 

For my Dad (Joint Sponsor):

 

Form I-864

Tax Transcripts for the last 3 years

Pay Stubs

W-2

Birth Certificate

 

For my Mom (Spouse - Household Member):

 

Form I-864a

Pay Stubs

W-2

Birth Certificate

 

 

If there is anything at all that could strengthen our response to this RFE please let us know, but from everything that I have gathered this is what can make the response 100% to go through.  They gave us 87 days from the date the RFE was sent out and we got it about 4 days after it was sent out so 83, so I am acting as if it is really 50, so in my eyes we all have about 1.5 months to finish this.

 

w2s aren't needed with tax return transcripts. 

[K + M 47]

5 minutes ago, NikLR said:

w2s aren't needed with tax return transcripts. 

From the RFE itself:

 

" 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"

 

Also some further research on my part needs to be done, but I am not completely up to par with exactly what this tax schedule is.  But why would they include W-2's in the RFE if they aren't needed?

 

Also I would like to also ask, after all of this has been discussed I am still puzzled as to what exactly caused this RFE, I can't exactly put my finger on it, did it come down to the fact that the officer that reviewed the case even tho I did everything "correctly"  just didn't do them correctly enough, meaning not working for long enough to satisfy them to show stability?  I am still trying to wrap my head around what exactly caused the RFE in the first place.  It seems pretty straight forward how to give a 100% blanket answer with the plan of attack above (btw correct my plan of attack for the RFE if there is anything, and I mean anything that can be added to strengthen the response), but just not exactly knowing what caused the RFE just has me wondering, as it could be a couple of little details, I guess that is like trying to see into the officers mind which may just be impossible.

[NikLR 13,220]

10 minutes ago, Kerri and Myles said:

From the RFE itself:

 

" 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"

 

Also some further research on my part needs to be done, but I am not completely up to par with exactly what this tax schedule is.  But why would they include W-2's in the RFE if they aren't needed?

 

Also I would like to also ask, after all of this has been discussed I am still puzzled as to what exactly caused this RFE, I can't exactly put my finger on it, did it come down to the fact that the officer that reviewed the case even tho I did everything "correctly"  just didn't do them correctly enough, meaning not working for long enough to satisfy them to show stability?  I am still trying to wrap my head around what exactly caused the RFE in the first place.  It seems pretty straight forward how to give a 100% blanket answer with the plan of attack above (btw correct my plan of attack for the RFE if there is anything, and I mean anything that can be added to strengthen the response), but just not exactly knowing what caused the RFE just has me wondering, as it could be a couple of little details, I guess that is like trying to see into the officers mind which may just be impossible.

Because an entire TAX RETURN includes all of those items.   A TAX RETURN TRANSCRIPT, includes all of those items on the same form so you don't have to send all those items separately.  You can send them if you want, they're just not needed and potentially causes issues because the USCIS says that's an incomplete tax return, even though they have the tax return transcript in front of them.  

 

IHMO what caused the RFE is that you have no work background.  On the I-864 was "not required to file" or $0.00 written in the place of previous tax return amounts?  How long have you had this job? Why weren't you previously employed? There's a variety of reasons but as for the I-864 itself, I'm going to guess the lack of any previous tax return and possibly that $0 was written vs not required to file along with separate documentation stating why. But unless you ever talk to the person adjudicating your file, you won't know for sure.  

Edited November 24, 2019 by NikLR

[K + M 47]

23 minutes ago, NikLR said:

Because an entire TAX RETURN includes all of those items.   A TAX RETURN TRANSCRIPT, includes all of those items on the same form so you don't have to send all those items separately.  You can send them if you want, they're just not needed and potentially causes issues because the USCIS says that's an incomplete tax return, even though they have the tax return transcript in front of them.  

 

IHMO what caused the RFE is that you have no work background.  On the I-864 was "not required to file" or $0.00 written in the place of previous tax return amounts?  How long have you had this job? Why weren't you previously employed? There's a variety of reasons but as for the I-864 itself, I'm going to guess the lack of any previous tax return and possibly that $0 was written vs not required to file along with separate documentation stating why. But unless you ever talk to the person adjudicating your file, you won't know for sure.  

 

Yeah I wrote 0$ in the field for the amount earned the last 3 years, not N/A, which after doing further reading I should of put N/A, although sending in the IRS Verification Letter to correct the matter against the $0 for the last 3 years, and then adding the joint sponsor, sending in all the forms as listed above is there anything else that I can do to strengthen this RFE or is what I listed everything in this regard?  I just want to make sure what I am going to send in is everything, and I have covered all bases, don't want anything to be able to stand in the way of this AOS moving forward and this RFE getting surpassed.

[kris&me 572]

19 hours ago, Kerri and Myles said:

Thank you so much for your response, exactly one of the things we needed, such a huge help, I have one question tho:

 

If I supply all this evidence for my current income:

 

IRS Verification of Non-filing Letter for last 3 years

All Pay Stubs since beginning of work

Employment Verification Letter stating Gross Income and job details from Human Resources Department showcasing income above 125% poverty guideline

Birth Certificate of USC (me) (Forgot to include in initial packet send off)

 

Would a Joint sponsor still be needed or with all that would I be completely be satisfying the RFE, I am just a little weary that even with all of that somehow they could deny it since haven't been working for "x" amount of years, and not being satisfied with just current.  If a joint would make it 100% we could do that, but I would like to not have to as I do meet all criteria, but with all that documentation should we be good?

3 years of income is the criteria

and yes,  some embassies may ask for a cosponsor as the income is not yet established as steady

 

it may help if there is a good reason (like just graduated from college )  to explain that

[K + M 47]

1 minute ago, kris&me said:

3 years of income is the criteria

and yes,  some embassies may ask for a cosponsor as the income is not yet established as steady

 

it may help if there is a good reason (like just graduated from college )  to explain that

 

Well the exact reasons was I graduated from college, then worked on acquiring a job for the next several months, got a job but only worked it for a month or so, then returned to school for a semester as I am working to be a Vet and I needed a couple more courses (2), did those, then after that I was traveling to UK to visit her family then I came home after a couple months there and started working my current job at the end of Jan 2019.  

 

Not sure the best way in regards to the officer how exactly to explain that scenario but that's exactly what I didn't have to file, as during none of those years I earnt enough, but I was always working on progressing myself.

[NikLR 13,220]

7 minutes ago, kris&me said:

3 years of income is the criteria

and yes,  some embassies may ask for a cosponsor as the income is not yet established as steady

 

it may help if there is a good reason (like just graduated from college )  to explain that

There's no embassy for this case, it's an AOS. 

 

4 minutes ago, Kerri and Myles said:

 

Well the exact reasons was I graduated from college, then worked on acquiring a job for the next several months, got a job but only worked it for a month or so, then returned to school for a semester as I am working to be a Vet and I needed a couple more courses (2), did those, then after that I was traveling to UK to visit her family then I came home after a couple months there and started working my current job at the end of Jan 2019.  

 

Not sure the best way in regards to the officer how exactly to explain that scenario but that's exactly what I didn't have to file, as during none of those years I earnt enough, but I was always working on progressing myself.

You just state you were attending graduate school and earned under the requirements to file.

 

It is a lot of expensive schooling to become a veterinarian.  I hope you enjoy the work, it's not easy.  

[K + M 47]

12 minutes ago, NikLR said:

There's no embassy for this case, it's an AOS. 

 

You just state you were attending graduate school and earned under the requirements to file.

 

It is a lot of expensive schooling to become a veterinarian.  I hope you enjoy the work, it's not easy.  

I just never wanna make sure I am not telling the 100% truth, I thought about stating that but I wasn't exactly attending "graduate school", was at my undergrad school just taking another course, would they question it if I put graduate school ?

 

yeah I love love love animals, but first things first I can't have the Mrs deported from the I-485 getting denied because this RFE so gotta make sure this is taken care of 😲😩

Edited November 24, 2019 by Kerri and Myles

[NikLR 13,220]

1 hour ago, Kerri and Myles said:

I just never wanna make sure I am not telling the 100% truth, I thought about stating that but I wasn't exactly attending "graduate school", was at my undergrad school just taking another course, would they question it if I put graduate school ?

 

yeah I love love love animals, but first things first I can't have the Mrs deported from the I-485 getting denied because this RFE so gotta make sure this is taken care of 😲😩

Loving animals isn't the hard part, its the people who want you to diagose something and treat it without paying for diagnostics or treatment.  Its the people.  People are the hardest part about the vet industry.  And i normally like people.

Anyhow!

Regardless you give the truthful reason. You made under the threshold to file during those years. Thats all you need.  Its not an inquisition and you have a job now.