Document Header Issue when Responding to RFE

[chaoticenergy 32]

In response to our RFE, we submitted a PDF starting with a cover letter that lists all the documents. We had originally submitted 2020 tax return transcript which was flagged INVALID and this PDF replaces that. The RFE specifically asked for 2021 Wage and Income Transcript, which we added. We felt that that was not enough and since our joint sponsor's Tax Return Transcript is not available yet, we decided to also add on Federal Tax Returns also and also an updated I864 matching the 2021 numbers. The cover letter explains this all. This PDF was submitted under "Tax Return or Transcript" in required documents, replacing the original 2020 tax return transcript that was flagged invalid.

 

But I read in another thread that if a document gets submitted under an incorrect heading, you may get an RFE asking for the same document. In our case, all the other stuff was uploaded under the correct heading except for the updated I864. Will it matter down the road? The cover letter clearly mentions it, but perhaps we should add as additional docs again a duplicate of the updated I864?

 

Note that our original I864 submission was, despite the fact that the numbers were taken from the year 2020, "ACCEPTED".

 

Thanks.

[JeanneAdil 6,539]

 

Invalid tax returns so u also added  federal?

federal IRS returns is all that is needed (not state)

[chaoticenergy 32]

1 minute ago, JeanneAdil said:

 

Invalid tax returns so u also added  federal?

federal IRS returns is all that is needed (not state)

We submitted 2020 irs tax return transcript under 2021 tax returns or transcript which is why they flagged it invalid. The fe review note requested to submit 2021 irs wage and income transcript which is weird. So we also added actual tax filings (1040) in addition. 

 

Anyways the main question is what to do with the updated I864. Thanks.

[JeanneAdil 6,539]

if u receive a RFE to send updated I 864 send it

[chaoticenergy 32]

18 minutes ago, JeanneAdil said:

if u receive a RFE to send updated I 864 send it

No the RFE was not for I864. It was for the Tax Return or Transcript document, for which our lawyers submitted 2020 docs mistakenly. This same 2020 information is also on our original I864 under 2021 - so in other words, there is a mistake on I864 also but that document was accepted. This is why we sent an updated I864, but my issue is the updated I864 was embedded in the same PDF along the tax return document. i don't know if this is okay or not. Our cover letter mentions it. But should we also add a dupicate I864 as additional documents?

Edited August 16, 2022 by chaoticenergy

[JeanneAdil 6,539]

13 hours ago, chaoticenergy said:

No the RFE was not for I864. It was for the Tax Return or Transcript document, for which our lawyers submitted 2020 docs mistakenly. This same 2020 information is also on our original I864 under 2021 - so in other words, there is a mistake on I864 also but that document was accepted. This is why we sent an updated I864, but my issue is the updated I864 was embedded in the same PDF along the tax return document. i don't know if this is okay or not. Our cover letter mentions it. But should we also add a dupicate I864 as additional documents?

i would as the tax transcripts are in  support of the I 864 

this is just an opinion but if the income amounts are different for the 2 years,  it would need to be corrected

 

why not ask your attorney these questions since his office made the mistake and get him/her to correct the error and explain it / after all that's what u r paying for

[chaoticenergy 32]

2 hours ago, JeanneAdil said:

i would as the tax transcripts are in  support of the I 864 

this is just an opinion but if the income amounts are different for the 2 years,  it would need to be corrected

 

why not ask your attorney these questions since his office made the mistake and get him/her to correct the error and explain it / after all that's what u r paying for

I am asking because they are the ones who uploaded a new I864 in a combined PDF along with tax documents. I am expecting a resistance from them against uploading the same document they already uploaded. I wanted to be sure before I make my argument in front of my own lawyers.

 

My argument is: because the new I864 was uploaded under the incorrect heading, NVC might ignore it or even consider the entire document invalid. To minimize this risk, we should uploaded the updated I864 as a standalone document. Does that make sense?

[JeanneAdil 6,539]

5 minutes ago, chaoticenergy said:

I am asking because they are the ones who uploaded a new I864 in a combined PDF along with tax documents. I am expecting a resistance from them against uploading the same document they already uploaded. I wanted to be sure before I make my argument in front of my own lawyers.

 

My argument is: because the new I864 was uploaded under the incorrect heading, NVC might ignore it or even consider the entire document invalid. To minimize this risk, we should uploaded the updated I864 as a standalone document. Does that make sense?

wish i knew the answer

but it can't hurt