Jump to content
Sign in to follow this  
bahamian86

Rfie for federal income but wife meets 3x the 125%

12 posts in this topic

Recommended Posts

Filed: Other Country: Bahamas
Timeline

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Brazil
Timeline

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

Edited by Nat&Amy

Share this post


Link to post
Share on other sites
Filed: Other Country: Bahamas
Timeline
23 minutes ago, Nat&Amy said:

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

Thank you. Guess we failed in providing all the supporting proof we possibly could. I’m just stumped on my next move. Just trying to decide whether to submit those documents with this rfe or find a co sponsor although it’s not needed. 

Share this post


Link to post
Share on other sites
18 hours ago, bahamian86 said:

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

Does the RFE tell you what specific documents they need you to send? I would just send these documents ASAP. 

Share this post


Link to post
Share on other sites
Filed: F-1 Visa Country: Canada
Timeline
18 hours ago, Nat&Amy said:

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

Edited by gramercygreen

Share this post


Link to post
Share on other sites
20 hours ago, bahamian86 said:

Like title says we sent transcripts to show she makes above the 125% for our household size but they are asking for a joint sponsor. Need a little advice. Could this be a mix up on their end?  Should we just resend the transcripts and maybe a little more info like letter from employer and paystubs? 

Tax transcripts show what was earned in the past.  Current income is king.....

 

Example (hypothetical situation):  An employee sends transcripts indicating $500,000 per year for the past 3 years...but is now unemployed........current income is now $0.......A sponsor cannot support a new immigrant with no income......transcripts can show a stable income history, but current/future income is king.

Edited by missileman

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
29 minutes ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

Depends on your source of income. If you are self-employed, then the most recent tax return shows your current income.

If you are a W-2 earner, what you made between 12 to 24 months ago at this point does not show your current income. Pay stubs and/or an employement letter would.

 

It's possible that an IO was convinced about not becoming a public charge with tax returns alone + claiming current income on the I-864. It's not the norm, but that's their decision to make.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Brazil
Timeline
1 hour ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

As per instructions on the i864:

 

The following items must be submitted with Form I-864:
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement 
and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, 
Schedule, and any other evidence of reported income.

 

By not sending other evidence of income, you open yourself to a RFE. Why take the risk, especially when the documents proving employment are available?

 

Also, we would appreciate if you could fill your timeline. It says you have not yet had your interview, but you are claiming you have not received an RFE - I assume you haven't yet entered the date of your approval.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
1 hour ago, Nat&Amy said:

As per instructions on the i864:

 

The following items must be submitted with Form I-864:
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement 
and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, 
Schedule, and any other evidence of reported income.

 

By not sending other evidence of income, you open yourself to a RFE. Why take the risk, especially when the documents proving employment are available?

she 

Also, we would appreciate if you could fill your timeline. It says you have not yet had your interview, but you are claiming you have not received an RFE - I assume you haven't yet entered the date of your approval.

sounds like she did not send the IRS transcripts to support the income claim

they ask for 1099 which is either retirement or SS income or interest on investments/ this may not be taxable depending on earned income so they want proof by a copy of the 1099

Edited by kris&me

Share this post


Link to post
Share on other sites
3 hours ago, missileman said:

Tax transcripts show what was earned in the past.  Current income is king.....

 

Example (hypothetical situation):  An employee sends transcripts indicating $500,000 per year for the past 3 years...but is now unemployed........current income is now $0.......A sponsor cannot support a new immigrant with no income......transcripts can show a stable income history, but current/future income is king.

Yeah I’d have to agree..

 

we sent transcripts for 3 years plus a letter from his employer saying he’s still employed full time, wages year to date (as of oct 2019) and overall expected annual income total.. 

 

id say add a letter under additional documents tad to support current employment 


AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌

Share this post


Link to post
Share on other sites
1 minute ago, Duke & Marie said:

Yeah I’d have to agree..

 

we sent transcripts for 3 years plus a letter from his employer saying he’s still employed full time, wages year to date (as of oct 2019) and overall expected annual income total.. 

 

id say add a letter under additional documents tad to support current employment 

As I recall, I sent copies of tax returns along with my military retirement statement and my Social Security retirement benefit letter to show current income.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
Filed: Other Country: Bahamas
Timeline
22 hours ago, gramercygreen said:

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

 

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

Ok thank you all for your input. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...