RFE for AOS

[EnglishLove 112]

I got another RFE for my AOS.(The first one was on the I-129 packet) for what they say is not meeting the required income. I make more than enough however, when I started my job, it was in July so my w-2's only show just July to December. I'm wondering if I would just wait to respond until I get my w-2's with the entire year but I would think showing my last 6 months of pay stubs, along with a letter from my employer stating my annual income, which is more than the requirement. 

 

Just to clarify, I count my husband (was my fiance that came on K-1) and the children that I claim on my tax returns. I have two children living with me but only claim one. So with myself, my husband, and one of my children I claim, it should be a household size of 3, not 4? However, I make enough to cover 4 if need be. 

[Wuozopo 4,285]

42 minutes ago, Pooley said:

I got another RFE for my AOS.(The first one was on the I-129 packet) for what they say is not meeting the required income. I make more than enough however, when I started my job, it was in July so my w-2's only show just July to December. I'm wondering if I would just wait to respond until I get my w-2's with the entire year but I would think showing my last 6 months of pay stubs, along with a letter from my employer stating my annual income, which is more than the requirement. 

 

Just to clarify, I count my husband (was my fiance that came on K-1) and the children that I claim on my tax returns. I have two children living with me but only claim one. So with myself, my husband, and one of my children I claim, it should be a household size of 3, not 4? However, I make enough to cover 4 if need be. 

First off---a W2 (wage statement) counts for nothing by itself. The I-864 requires a "complete tax return".

There are two ways to meet the tax return requirement.

1. Submit a copy of  every form and schedule in your 2018 tax return PLUS the W2
2. Submit a tax return transcript that you got from the IRS

If you did not include either  #1 or #2, then nothing you sent counts. They have "nothing"  so you don't qualify as far as they are concerned. They don't look at your other proofs until you send the required item. 

Edited December 9, 2019 by Wuozopo

[EnglishLove 112]

1 minute ago, Wuozopo said:

First off---a W2 (wage statement) counts for nothing by itself. The I-864 requires a "complete tax return".

There are two ways to meet the tax return requirement.

1. Submit a copy every form and schedule in your 2018 tax return PLUS the W2
2. Submit a tax return transcript that you got from the IRS

If you did not include either  #1 or #2, then nothing you sent counts. They have "nothing"  so you don't qualify as far as they are concerned. They don't look at your other proofs until you send the required item. 

I sent in my entire tax transcripts, the problem is, I was hired in July so my tax transcripts only show from July to December which is why I also submitted my w-2's and paystubs with my employment letter stating how much I make annually which is more than enough to cover the 125% income requirement. So because it's not the full year, do I not qualify even though I make enough? 

[SalishSea 16,868]

53 minutes ago, Pooley said:

I have two children living with me but only claim one. So with myself, my husband, and one of my children I claim, it should be a household size of 3, not 4? However, I make enough to cover 4 if need be. 

Both of your children must be included in the household size, regardless of tax dependent status.

[SalishSea 16,868]

8 minutes ago, Pooley said:

I sent in my entire tax transcripts, the problem is, I was hired in July so my tax transcripts only show from July to December which is why I also submitted my w-2's and paystubs with my employment letter stating how much I make annually which is more than enough to cover the 125% income requirement. So because it's not the full year, do I not qualify even though I make enough? 

What do you mean you sent your entire tax transcripts?  Do you mean for 2019?  You won't have filed yet for 2019, so there is no way to have the tax transcript.

[EnglishLove 112]

Just now, Jorgedig said:

Both of your children must be included in the household size, regardless of tax dependent status.

Okay, that is fine. Thank you

 

3 minutes ago, Jorgedig said:

What do you mean you sent your entire tax transcripts?  Do you mean for 2019?  You won't have filed yet for 2019, so there is no way to have the tax transcript.

Sorry, I submitted 2018, 2017, and 2016  tax transcripts with all my w-2's, 6 months of pay stubs, along with my Letter of Employment. 

[SalishSea 16,868]

1 minute ago, Pooley said:

Okay, that is fine. Thank you

 

Sorry, I submitted 2018, 2017, and 2016  tax transcripts with all my w-2's, 6 months of pay stubs, along with my Letter of Employment. 

Okay, just to be clear.....those were submitted with the initial AOS packet, and then you received an RFE?

[EnglishLove 112]

9 minutes ago, Jorgedig said:

Okay, just to be clear.....those were submitted with the initial AOS packet, and then you received an RFE?

Yes, it's all the same stuff I submitted with the I-129 packet since nothing had changed. I'm just unsure how to prove that I make more than enough when I don't have 2019 tax transcript with the whole year

[Wuozopo 4,285]

Did you make a photocopy of the entire packet you sent so that you can review it? Or are you depending on memory? 

[EnglishLove 112]

2 minutes ago, Wuozopo said:

Did you make a photocopy of the entire packet you sent so that you can review it? Or are you depending on memory? 

No I have everything. The problem I'm having is my tax transcript just for July to December for 2018 shows enough annual income for the household size of 3 with 100% above the poverty line however just under for household for 4 with 125%. But I make more than enough, however I did not start my job until July of last year. It's been over a year now but I will not get the 2019 tax transcripts back in time to show that, which is why I gave all the other evidence of my income to show I do make enough. The only thing I can think to do is wait for my w-2's for 2019 (I know this isn't the tax transcript) however, that will show I make above that now that it's showing my entire year worked.  

[Wuozopo 4,285]

18 minutes ago, Pooley said:

The problem I'm having is my tax transcript just for July to December for 2018 shows enough annual income for the household size of 3 with 100% above the poverty line however just under for household for 4 with 125%.

Your tax transcript does not have to show enough IF you provide the optional proofs of current income:

• Employer letter
• Six months of pay stubs.

You did that.

125% is the requirement for an I-864. It is very different than the I-134 requirement.

 

1 hour ago, Pooley said:

I was hired in July so my tax transcripts only show from July to December which is why I also submitted my w-2's

Your W2s would also show July to December so didn't prove anything more than the transcript.

 

 

Edited December 9, 2019 by Wuozopo

[EnglishLove 112]

8 minutes ago, Wuozopo said:

You tax transcript does not have to show enough IF you provide the optional proofs of current income:

• Employer letter
• Six months of pay stubs.

You did that.

125% is the requirement for an I-864. It is very different than the I-134 requirement.

 

Your W2s would also show July to December so didn't prove anything more than the transcript.

 

 

Okay, so if I can prove again that I make enough (even though my tax transcripts won't show because I wasn't employed at my work for the full year) that should count? The employment letter was when I first started and I make more now than I did before. I will have my work type up an updated annual income. 

Edited December 9, 2019 by Pooley

[Ayrton 965]

1 hour ago, Pooley said:

Okay, so if I can prove again that I make enough (even though my tax transcripts won't show because I wasn't employed at my work for the full year) that should count? The employment letter was when I first started and I make more now than I did before. I will have my work type up an updated annual income. 

How old were the employment letter and paystubs? Forget about your k1 package. You need to provide current proof for the AOS. So basically you need an employment letter and paystubs from right before sending the package. If you sent "old" information, how do they know if you're still working there?

 

I sent my package in September, the employment letter was from August, and paystubs were from June to August.

Edited December 10, 2019 by Ayrton

[EnglishLove 112]

17 hours ago, Ayrton said:

How old were the employment letter and paystubs? Forget about your k1 package. You need to provide current proof for the AOS. So basically you need an employment letter and paystubs from right before sending the package. If you sent "old" information, how do they know if you're still working there?

 

I sent my package in September, the employment letter was from August, and paystubs were from June to August.

The employment letter was from when I started. I had my payroll write up a new letter stating when I started, how much I make an hour and annually. My paystubs were the 6 most recent paystubs. I update everything and maybe explain on the cover sheet how 2018 tax transcript is only showing July through December wages. (I was a stay at home mom before then so that's all I had). 

[EnglishLove 112]

On 12/9/2019 at 5:19 PM, Ayrton said:

How old were the employment letter and paystubs? Forget about your k1 package. You need to provide current proof for the AOS. So basically you need an employment letter and paystubs from right before sending the package. If you sent "old" information, how do they know if you're still working there?

 

I sent my package in September, the employment letter was from August, and paystubs were from June to August.

So just to make sure I have everything I need to reply back to my RFE for the AOS.. *2018 Tax transcripts only show my income from July when I was hired to December*

1) 12 months worth of my most recent paystubs

2) An updated letter of employment stating my hire date, my hourly rate AND my annual income

3) 2018 w-2's

 

I'm a little worried they're just going to look at the 5 months worked and think that's my income when I make over the required amount. 😬