RFE Advice

[kas & jewel 8]

So, i was wondering if i could have some advice. 

 

I recently filed for Adjustment of Status from a K-1 visa, and had my biometrics scheduled. However, today I received a request for evidence. It's pretty vague, and i will include the first page as an attachment but essentially they are saying we need a joint sponsor, but we included our joint sponsors signed I-864 plus an employment letter, 3 months of pay stubs and bank statements. I THINK the issue comes from the fact we didn't include his 2021 tax transcripts as he hasn't filed yet (long story IRS screwed up and they had to fix an error and it took a long time), we only included his 2020 tax transcripts, which was completely my fault and i'm happy to send in the W-2's, 1099's and form 2555. 

 

I'm just looking to see if anyone thinks that's the issue too? and should i just upload the whole financial package again including my wife's I-864 and tax transcripts + joint sponsors I-864 and tax documents? it's difficult because basically the letter said my wife doesn't qualify as a sponsor because of her income, not that the joint sponsors information was insufficient. That's just what i'm assuming... 

 

Any thoughts would help a lot! I always get so anxious because I feel like we filled the form out wrong, so advice is very much appreciated! 

[Lil bear 3,831]

8 minutes ago, kas & jewel said:

So, i was wondering if i could have some advice. 

 

I recently filed for Adjustment of Status from a K-1 visa, and had my biometrics scheduled. However, today I received a request for evidence. It's pretty vague, and i will include the first page as an attachment but essentially they are saying we need a joint sponsor, but we included our joint sponsors signed I-864 plus an employment letter, 3 months of pay stubs and bank statements. I THINK the issue comes from the fact we didn't include his 2021 tax transcripts as he hasn't filed yet (long story IRS screwed up and they had to fix an error and it took a long time), we only included his 2020 tax transcripts, which was completely my fault and i'm happy to send in the W-2's, 1099's and form 2555. 

 

I'm just looking to see if anyone thinks that's the issue too? and should i just upload the whole financial package again including my wife's I-864 and tax transcripts + joint sponsors I-864 and tax documents? it's difficult because basically the letter said my wife doesn't qualify as a sponsor because of her income, not that the joint sponsors information was insufficient. That's just what i'm assuming... 

 

Any thoughts would help a lot! I always get so anxious because I feel like we filled the form out wrong, so advice is very much appreciated! 

Until April 18 2022, the most recent tax return year required is 2020 so i don’t think that's it.   I would reload the Joint sponsors paperwork .. check everything again before you do ..  that way you are seen to have complied with the RFE

[K1visaHopeful 2,658]

It could be many many things.

 

Is your joint sponsor married?

If they are married, did they file 2020 taxes as Married Filing Jointly or Married Filing Separately?

[kas & jewel 8]

@K1visaHopeful yeah, he is married and filed jointly, but i also gave them recent payslips, and an employment letter. do you think it would have been better to give them his W2's also to show his individual income? I just want to make sure I don't miss anything 😕

[Timona 3,938]

12 minutes ago, kas & jewel said:

@K1visaHopeful yeah, he is married and filed jointly, but i also gave them recent payslips, and an employment letter. do you think it would have been better to give them his W2's also to show his individual income? I just want to make sure I don't miss anything 😕

 

Based on this, I believe I-864A is the culprit. Have the other spouse sign it.

[K1visaHopeful 2,658]

47 minutes ago, kas & jewel said:

@K1visaHopeful yeah, he is married and filed jointly, but i also gave them recent payslips, and an employment letter. do you think it would have been better to give them his W2's also to show his individual income? I just want to make sure I don't miss anything 😕

You HAD to provide his 2020 Earnings Statements to distinguish his individual income from that of his spouse's on the tax return.

That is one error at least.

 

No I864a is needed and the spouse does not need to be a co-sponsor to the joint sponsor IF the joint sponsor meets the poverty guidelines with their individual income.

 

This below is likely not true if the JS meets the guidelines:

 

34 minutes ago, Timona said:

 

Based on this, I believe I-864A is the culprit. Have the other spouse sign it.

Why did you submit an evl and 6 months worth of pay stubs? Is that what you used to prove part 6 question 7 for your joint sponsor?

If those were irrelevant documents, that is likely another reason for RFE.

 

 

 

 

Edited March 30, 2022 by K1visaHopeful

[Scandi 3,970]

Did your own spouse send her own i-864 with supporting documents as well? That's needed even if she doesn't make enough to be your only sponsor, she is still your primary sponsor.

Edited March 30, 2022 by Scandi

[kas & jewel 8]

@K1visaHopeful that is so helpful, thank you. I definitely think that is why we got RFE'd then, my wife and I looked through the form again and we don't think it would be anything else. At least we know what's wrong so we can fix it  For the pay stubs and employment letter, yes, I added those to prove his earnings and also because I thought the more the better, do you think i should leave these out and only submit what they ask for? thanks again for your help!

 

[kas & jewel 8]

@Scandi yes, so sorry about that I should have specified! We submitted her I-864 and tax transcripts (i also submitted an employment letter with this but now i feel as though that was a mistake)

[K1visaHopeful 2,658]

9 minutes ago, kas & jewel said:

@K1visaHopefulFor the pay stubs and employment letter, yes, I added those to prove his earnings and also because I thought the more the better, do you think i should leave these out and only submit what they ask for? thanks again for your help!

 

You shouldn't submit documents for no reason.

You should only submit documents that prove the amounts you have input into the form

If the predicted 2022 earnings amount listed on your EVL is not input in Part 6 Qu7, the EVL and 6 months of paystubs to prove that amount listed is of no relevance to your application.

[kas & jewel 8]

@K1visaHopeful one last question before I respond to the RFE, should I resubmit my wife's signed I-864 and tax transcripts as well as the joint sponsors information, or only resubmit the joint sponsors form and tax documents? (basically should i just resubmit the entire financial packet, or just the joint sponsor) I'm not sure if this question is irrelevant as on the RFE itself they said my wife doesn't make enough,  but I also don't want to miss something. Thanks for your help

[Family 3,473]

This RFE is specific to “ petitioning sponsor” = your wife , the Petitioner and indicates something in the form itself ( I-864 ) if OFF / inconsistent with the financial docs.  

So check to see that you put in correct Current Income from her most recent paycheck . Even if she doesn’t qualify, it still needs to be complete / correct and have financial ( taxes, w-2, paystub, and job letter)

And because it’s a generic template RFE  for that does not acknowledge your Co-Sponsor, Re check his I-864  ( taxes, w-2 or 1099, paystub, job letter ) and resubmit 

 

Draft a short response to RFE along these lines:

In response to RFE dated Xx, case # yy  requesting the following additional documentation:

1. Evidence of Petitioning Sponsors qualifying income 

  or 

2. Co-Sponsor I-864 

We are submitting the following evidentiary documentation:

1. Updated Petitioner/ Sponsor I-864 along w financial doc ( HERE list what u are sending, taxes, w-2…) 

2. Copy of Qualifying Co-Sponsor I-864 and financial doc , as submitting at initial filing.

[K1visaHopeful 2,658]

25 minutes ago, Family said:

This RFE is specific to “ petitioning sponsor” = your wife , the Petitioner and indicates something in the form itself ( I-864 ) if OFF / inconsistent with the financial docs.  
So check to see that you put in correct Current Income from her most recent paycheck . Even if she doesn’t qualify, it still needs to be complete / correct and have financial ( taxes, w-2, paystub, and job letter)

PaystubS. 6 months worth.

One paystub is useless.

Amount is from EVL if using Current Income not paystub(s).

 

25 minutes ago, Family said:

And because it’s a generic template RFE  for that does not acknowledge your Co-Sponsor, Re check his I-864  ( taxes, w-2 or 1099, paystub, job letter ) and resubmit 

 

Draft a short response to RFE along these lines:

In response to RFE dated Xx, case # yy  requesting the following additional documentation:

1. Evidence of Petitioning Sponsors qualifying income 

  or 

2. Co-Sponsor I-864 

We are submitting the following evidentiary documentation:

1. Updated Petitioner/ Sponsor I-864 along w financial doc ( HERE list what u are sending, taxes, w-2…) 

2. Copy of Qualifying Co-Sponsor I-864 and financial doc , as submitting at initial filing.

RFE is for Joint sponsor.

A co-sponsor is an immediate relative family member. 

Words Joint sponsor and Co-sponsor cannot be used interchangeably.

They don't mean the same thing.

Edited April 14, 2022 by K1visaHopeful

[Family 3,473]

16 minutes ago, K1visaHopeful said:

RFE is for Joint sponsor.

A co-sponsor is an immediate relative family member. 

Words Joint sponsor and Co-sponsor cannot be used interchangeably.

They don't mean the same thing.

Petitioning sponsor =Petitioner 

Joint Sponsor aka Co-Sponsor ( terms are  used interchangeably , leftover of Legacy INS ) and only a Substitute Sponsor ( where Petitioner dies) requires family ties 

 

 

[K1visaHopeful 2,658]

1 minute ago, Family said:

Petitioning sponsor =Petitioner 

Joint Sponsor aka Co-Sponsor ( terms are  used interchangeably , leftover of Legacy INS ) and only a Substitute Sponsor ( where Petitioner dies) requires family ties 

 

 

That's false.

A co-sponsor must be a household member. They must also be your spouse, parent, sibling or child in order to be considered a co-sponsor and in order for their income and/or assets to be combined with yours as an original sponsor or yours, if you are Joint sponsor.

 

A Joint sponsor is a standalone sponsor who is both unrelated to the original sponsor and is also not a household member. A Joint sponsor cannot combine income with an original sponsor.