RFE I-864 - Need help on what to fix (merged)

[mattjones351 0]

We've had an RFE similar to what is mentioned in this topic -

We're in an unusual circumstance where my partner only moved to the US in March 2021, and was previously working in the UK. She has still submitted a tax return for the past x3 years, but her US earnings are technically $0 for those years under foreign earned income exclusion, and she has no W-2's because she was being paid in the UK. Her current employment in the US (since arriving in March 2021) is well above the poverty guideline, and we provided evidence for this in the form of a statement from employer (including start date, salary, contract length), bank statements and paystubs since she's been in the US.

 

We're not entirely sure what the next step is and wondered if anyone has any advice? We think we would probably need to speak to a lawyer, as this is beyond our knowledge of what the issue could be. Is she technically not eligible to support me because she hasn't worked in the US for more than a year? Would be great to hear if anyone else has been in a similar cirucmstance.

 

[Boiler 45,673]

It is not uncommon, people who moved people who recently graduated.

 

There are 2 requirements, the tax filing and having an income that currently meets the requirements. Sounds like you qualify.

[JeanneAdil 6,562]

contract length could be an issue 

How many months/years does it cover

 

and if the RFE said I 864 was not properly filled out and signed , then that needs to be done (all pages even if left blank)

 

[mattjones351 0]

2 hours ago, Boiler said:

It is not uncommon, people who moved people who recently graduated.

 

There are 2 requirements, the tax filing and having an income that currently meets the requirements. Sounds like you qualify.

that's good to hear thanks for the reply

 

23 minutes ago, JeanneAdil said:

contract length could be an issue 

How many months/years does it cover

 

and if the RFE said I 864 was not properly filled out and signed , then that needs to be done (all pages even if left blank)

 

Guaranteed for 5 years contract wise, which is signed by her employer.

 

The form didn't mentioned that it wasn't filled out properly, just that 'Based on the documents submitted, we could not determine that the petitioning sponser, x, on Form I-864, Affidavit of Support, is qualified.

 

Really stuck on this, is it possible to contact USCIS or will we likely get snubbed?

[K1visaHopeful 2,847]

Sounds like you should make it easy for them (and you) and file 2021 taxes asap.

[K1visaHopeful 2,847]

On 2/24/2022 at 8:28 PM, mattjones351 said:

 

The form didn't mentioned that it wasn't filled out properly, just that 'Based on the documents submitted, we could not determine that the petitioning sponser, x, on Form I-864, Affidavit of Support, is qualified.

 

It never will.

This GENERIC RFE means:

1. How you filled out the form is incorrect.

And/or

2. The amounts on the documents you provided don't match the amounts you input in the form.

And/or

3. The documents you provided are the incorrect versions from the ones they require.

And/or

4. You gave them a catalogue of miscellaneous, unrelated, irrelevant documents because you thought it would not hurt but it did.

 

It's usually a combination of all.

 

 

 

 

 

 

 

 

[mattjones351 0]

6 hours ago, K1visaHopeful said:

It never will.

This GENERIC RFE means:

1. How you filled out the form is incorrect.

And/or

2. The amounts on the documents you provided don't match the amounts you input in the form.

And/or

3. The documents you provided are the incorrect versions from the ones they require.

And/or

4. You gave them a catalogue of miscellaneous, unrelated, irrelevant documents because you thought it would not hurt but it did.

 

It's usually a combination of all.

 

 

 

 

 

 

 

 

Thanks very much for the reply. I think as you say the most simple resolution will be to submit our 2021 return, although it won't be a full years salary as my partner started work in April, we would still be above the poverty guideline.

 

Would you mind having a glance through our form to see if there was anything in particular we might have got wrong/missed? I've double checked them and can't see anything that looks incorrect. In Part 6 24 a-c, the 'See additional info' refers to the second document, basically stating what I've said above, sponser was living in UK prior to moving in April 2021 hence the reason for no W-2.

 

Can I ask, does the annual income need to match exactly what you earn in the supporting documents (in this case paystubs) that year? We wrote down my wife's salary as stated on her contract $52,704, but she didn't work a full year so technically earned less than this. It sounds like this could have been the issue?

 

Appreciate your help on this.

 

[K1visaHopeful 2,847]

You'll have to file 2021 taxes and redo your forms.

Can't review something that's not correct.

[mattjones351 0]

So we filed my partners 2021 return on 8th March, currently waiting for the tax transcript to become available on the IRS website, do you know how long this normally takes? I'm reading 2-4 weeks on the IRS website, but I'm a bit worried as am reading on the forum cases from other people where the tax transcript taking longer to come through than this.

 

What's our best option, is there any way of submitting our evidence without the transcript? Is it worth trying to contact USCIS about this? I'm a bit stuck what our best options are

[mattjones351 0]

Hello, we're looking to submit our RFE for the I-864 form. The tax transcript hasn't been processed yet as we only filed my partners return a week ago. We have the tax return copy and W-2s, but my partner doesn't have any 1099 forms as she was not self employed. The I-864 supporting documents explicitly state that if you're submitting a tax return copy you need the 1099s along with the W-2, how would we obtain the 1099 form if my partner isn't self employed? Thanks

[Mike E 11,741]

Are there any  1099s from banks, stock brokers, mutual funds, etc.?

[mattjones351 0]

6 minutes ago, Mike E said:

Are there any  1099s from banks, stock brokers, mutual funds, etc.?

Nothing unfortunately,  I'm worried about submitting without them but struggling to find any

[JeanneAdil 6,562]

u submit W2's and 1099 (if u receive any) 

most people do not get one

1099 r is for retirement

1099 Misc is for self employed (subcontractors)

SSA 1099 is for social security retirement benefits

 

the RFE asking for W2'(s) and any 1099 statements is a genertic letter and doesn't mean u have them

it means "if" u have any

[mattjones351 0]

16 minutes ago, JeanneAdil said:

u submit W2's and 1099 (if u receive any) 

most people do not get one

1099 r is for retirement

1099 Misc is for self employed (subcontractors)

SSA 1099 is for social security retirement benefits

 

the RFE asking for W2'(s) and any 1099 statements is a genertic letter and doesn't mean u have them

it means "if" u have any

Ah that's great to hear, so I should be fine to submit without the 1099?

[arken 4,197]

53 minutes ago, mattjones351 said:

The I-864 supporting documents explicitly state that if you're submitting a tax return copy you need the 1099s along with the W-2

Always go by i864 instructions which doesn't say that. Read the instructions thoroughly.

 

It says:

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. 
Focus on "that relates". You don't go and find something that is not related to your returns.

 

Edited March 14, 2022 by arken