RFE received - got questions

[olivia77 23]

Hi everyone,

 

Firstly, I would like to positively note how fast the process was so far. Maybe this will give hope to some. We filed for AOS from K1 at the end of February, got the e-receipts within a few days, and within a few weeks we've received a biometrics appointment. Unfortunately, a few days later, we also got the dreaded RFE for our Affidavit of Support I-864.

 

Long story short: after reviewing a copy of submitted form, we spotted a typo in the form (we made a mistake when writing the most recent tax year which should have been 2020). 

We originally submitted tax return transcripts.

My husband is self-employed. No joint sponsors. Income above the poverty line. I am the sole beneficiary of the petitioner.

 

We got a RFE asking for a full tax return. My question: can we send back the tax return transcripts with the correctly filled form? 

 

Can someone clarify the terminology for me, as I am not familiar with the US tax system at all? 

 

P.S. Also, provided I send this now, can I go and attend my biometrics in a few weeks? Or will they not see me until my new evidence is processed by USCIS?

 

Thanks!

Edited March 17, 2022 by olivia77

[Wuozopo 4,287]

@olivia77

Yes you can go to biometrics.

 

So you verified the form was signed, husband’s SSN was correct, and the household size is 2 (Part 5 #8).

 

Your latest tax return right now is 2020 unless you already submitted 2021 tax return. Once filed then 2021 would be the most recent return.  Confirm you have not filed 2021.

 

As self employed, he should use the amount in the “total income” line of his tax return as the amount to fill in on—

Part 6: #7. My current individual annual income is: ________________

 Look at Line 9  on his 2020 Form 1040 which is identified as “total income”. Is that figure the same as what he put on his I-864 Part 6, #7   and Part 6, #20.

 

Then moving on to your I-864, double check—

24a 2020  Amount is same “total income” line just mentioned

24b 2019  Use the “total income” line from 2019

24c 2018 Use the “total income” line from 2018

 

I mentioned these to check because sometimes people use adjusted gross income or another line besides total income, which is what is ask for in 24abc..

 

 

 

 

[olivia77 23]

20 hours ago, Wuozopo said:

@olivia77

Yes you can go to biometrics.

 

So you verified the form was signed, husband’s SSN was correct, and the household size is 2 (Part 5 #8).

 

Your latest tax return right now is 2020 unless you already submitted 2021 tax return. Once filed then 2021 would be the most recent return.  Confirm you have not filed 2021.

 

As self employed, he should use the amount in the “total income” line of his tax return as the amount to fill in on—

Part 6: #7. My current individual annual income is: ________________

 Look at Line 9  on his 2020 Form 1040 which is identified as “total income”. Is that figure the same as what he put on his I-864 Part 6, #7   and Part 6, #20.

 

Then moving on to your I-864, double check—

24a 2020  Amount is same “total income” line just mentioned

24b 2019  Use the “total income” line from 2019

24c 2018 Use the “total income” line from 2018

 

I mentioned these to check because sometimes people use adjusted gross income or another line besides total income, which is what is ask for in 24abc..

 

 

 

 

Thanks @Wuozopo, your posts in other threads we extremely helpful when I was going through this process a few years ago and reading other members' threads.

 

Sorry for asking if this is obvious, but is this ok for us to send a tax return transcript again instead of the full return? In such case, according to the instructions of the affidavit, no schedules are needed.

[Wuozopo 4,287]

1 hour ago, olivia77 said:

Thanks @Wuozopo, your posts in other threads we extremely helpful when I was going through this process a few years ago and reading other members' threads.

 

Sorry for asking if this is obvious, but is this ok for us to send a tax return transcript again instead of the full return? In such case, according to the instructions of the affidavit, no schedules are needed.

Yes. Send the transcript. It includes the info from all forms and Schedules. 

And you have checked everything mentioned in my post? 

Edited March 17, 2022 by Wuozopo

[olivia77 23]

2 minutes ago, Wuozopo said:

Yes. Send the transcript. It includes the info from all forms and Schedules. 

And you have checked everything mentioned in my post? 

Yes, we did. Thank you, you saved the day!

[Chancy 6,233]

*** Moved from K1 Progress Reports to AOS from K1 Visas forum ***

 

[prai 42]

On 3/16/2022 at 8:05 PM, olivia77 said:

Hi everyone,

 

Firstly, I would like to positively note how fast the process was so far. Maybe this will give hope to some. We filed for AOS from K1 at the end of February, got the e-receipts within a few days, and within a few weeks we've received a biometrics appointment. Unfortunately, a few days later, we also got the dreaded RFE for our Affidavit of Support I-864.

 

Long story short: after reviewing a copy of submitted form, we spotted a typo in the form (we made a mistake when writing the most recent tax year which should have been 2020). 

We originally submitted tax return transcripts.

My husband is self-employed. No joint sponsors. Income above the poverty line. I am the sole beneficiary of the petitioner.

 

We got a RFE asking for a full tax return. My question: can we send back the tax return transcripts with the correctly filled form? 

 

Can someone clarify the terminology for me, as I am not familiar with the US tax system at all? 

 

P.S. Also, provided I send this now, can I go and attend my biometrics in a few weeks? Or will they not see me until my new evidence is processed by USCIS?

 

Thanks!

I received exactly the same RFE as yours.  Make sure to provide SSN on Part 4.  on 10 and 12. I forgot  to provide on 12. BTW, are you sending the RFE by mail or uploading on the USCIS site.

Edited March 21, 2022 by prai

[olivia77 23]

On 3/21/2022 at 8:39 AM, prai said:

I received exactly the same RFE as yours.  Make sure to provide SSN on Part 4.  on 10 and 12. I forgot  to provide on 12. BTW, are you sending the RFE by mail or uploading on the USCIS site.

We've sent ours by mail.

 

Part 4 Q 10 asks for SSN, and part 4 Q 12 asks for Sponsor's A-Number (if any). These two are not the same. As I see from your profile, you're both from Nepal, right? My husband is a US citizen so he naturally doesn't have A-Number, which I think is short for Alien Number that's assigned to foreign visa applicants. Good luck with your RFE!