RFIE Income (merged topics)

[558900 4]

Hello,

I've read many threads on visajourney but I'm still hesitant. My husband is self employed/freelance and we filed jointly. On the RFIE we received, they state "The Total income line on IRS form 1040 is used to determine qualifying income for a sponsor, not the Gross receipts line from IRS schedule C or C-EZ". On I-864 (part 6 question 24) , it says "total income (adjusted gross income on IRS form 1040EZ as reported on federal income tax returns".
Which one should we use? AGI on line 11 of form 1040 or total income on line 9 of form 1040? I've even read here some people saying that for self employed people, they look at your income after deductions and business expenses. On form 1040, his total income is 55k, his adjusted gross income is 52k but his taxable income is 22k. Will that be a problem?
I would appreciate any help, we have a lawyer to who we sent everything to but doesn't respond quickly. We already collected tax returns, transcripts, 1099s, w2s, paystubs and bank statements to prove all the income is his. I'm worried getting this RFIE wrong will result in denial.
 

Edited August 20, 2021 by nox5589

[K1visaHopeful 2,845]

AGI for self employed.

GTI for employed.

[558900 4]

8 minutes ago, K1visaHopeful said:

AGI for self employed.

GTI for employed.

Hi, thank you for your response. That's what I read on multiple websites but the confusing part is the RFE says Total income. We also don't have 1040EZ.

[K1visaHopeful 2,845]

3 minutes ago, nox5589 said:

Hi, thank you for your response. That's what I read on multiple websites but the confusing part is the RFE says Total income. We also don't have 1040EZ.

Because you don't file both a 1040 AND a 1040EZ.

They are for different filing situations which is why you would use a different total.

 

Regardless, if you are self employed, they won't consider gross total as you would have many deductions after that (which is why many receive RFE/IEs for inputting the wrong amount, even though they can SEE what the total you needed to input because you provided the transcript.

Inputting the wrong amount will cause RFE/IE as you have declared/signed for an incorrect amount).

 

Keep in mind that RFE/IEs are generic. They are not indicative of the info you input.

They are just saying "you did it wrong so fix it".

[558900 4]

Hello, I'm asking this because I couldn't find a lot of info after lurking visajourney.
We're doing AOS from K1 and we received a (second) RFE, this time asking for supporting financial documents. My husband is self-employed/freelance and has both W2s and 1099s.
We made copies of these and provided them to the lawyer as part of the response. I found a thread on visajourney where the person did not separate their W2s from 1099s and USCIS refused their proof (she sent them online from what I got, we're mailing them). When she called USCIS, the rep told her that they like the W2s and 1099s to be separated.
I already contacted the lawyer to separate them but in case she sends them without doing so, is it really a reason for denial? Has anyone been through this or know anything about it? I'm sorry if I'm worrying too much but this is our second RFE and I will feel horrible if we get a denial because of something small like this.
thank you

[K1visaHopeful 2,845]

General Question:

What did you input on Part 6 Question 7? 

His Adjusted Gross income because he is self employed or his gross total which he can only use if fully employed and does not have self employment income at all.

Same for Part 6 Question 24a, b and c if he was self employed for the three previous years.

An RFE for I864 is always generic and usually implies that you filled it out wrong or your amounts do not match your supporting documents and less likely that you provided the wrong documents.

[558900 4]

6 minutes ago, K1visaHopeful said:

General Question:

What did you input on Part 6 Question 7? 

His Adjusted Gross income because he is self employed or his gross total which he can only use if fully employed and does not have self employment income at all.

Same for Part 6 Question 24a, b and c if he was self employed for the three previous years.

An RFE for I864 is always generic and usually implies that you filled it out wrong or your amounts do not match your supporting documents and less likely that you provided the wrong documents.

Hi, thank you for your response.
On the previous I-864 we used an estimated amount for current income. I don't remember what we put for question 24b/c. We also filed taxes jointly (even though I've never worked because no EAD), and we only sent them tax transcripts, no w2s or 1099s. So I understand why they would send us an RFE since they couldn't tell how much he made individually.
This time for current amount we used last year's income. He has almost equal amounts of W2s and 1099s, the lawyer used the total income line on 1040. We're sending tax transcripts, returns, w2s, 1099s, paystubs and bank statements (everything for all 3 years) and self employment letter.
 

[K1visaHopeful 2,845]

1 hour ago, nox5589 said:

Hi, thank you for your response.
On the previous I-864 we used an estimated amount for current income. I don't remember what we put for question 24b/c. We also filed taxes jointly (even though I've never worked because no EAD), and we only sent them tax transcripts, no w2s or 1099s. So I understand why they would send us an RFE since they couldn't tell how much he made individually.

Yes that would be one issue as if you file MFJ you must differentiate individual income.

 

1 hour ago, nox5589 said:

This time for current amount we used last year's income. He has almost equal amounts of W2s and 1099s, the lawyer used the total income line on 1040.

Gross total income instead of AGI will likely still be your problem.

I'd be wary.

1 hour ago, nox5589 said:

We're sending tax transcripts, returns, w2s, 1099s, paystubs and bank statements (everything for all 3 years) and self employment letter.

 

 

[558900 4]

12 minutes ago, K1visaHopeful said:

Yes that would be one issue as if you file MFJ you must differentiate individual income.

 

Gross total income instead of AGI will likely still be your problem.

I'd be wary.

 

Thank you for your input. I did read contradicting things about the self-employed income. I'll speak to her again on Monday and also get more advice from 2 lawyers I spoke to before (free consultations).

I also asked USCIS before through inbox on the online account and didn't get a response. Do you think it's worth calling them?

For the paperwork/evidence we're sending, do you think those will be enough or do you think we should add something else?

Thank you again for your time.

[K1visaHopeful 2,845]

3 hours ago, nox5589 said:

I also asked USCIS before through inbox on the online account and didn't get a response. Do you think it's worth calling them?

No. They won't be able to answer specific questions about your case or RFE. Even a tier 2 wont be able to.

Quote

For the paperwork/evidence we're sending, do you think those will be enough or do you think we should add something else?

Thank you again for your time.

I cannot answer that either as I864 supplemental documents are situation specific.

I don't know yours to the penny so I could not offer any additional info either. (Same reason why they can't).

Edited August 30, 2021 by K1visaHopeful

[Ryan H 3,813]

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