RFE - I-485 for Parent - Income 100k but states did not meet poverty guideline

[wizzie1980 20]

Hi Everyone,

 

I submitted I-485 for my mother in August 2023. I only attached a copy of my Federal Tax Transcript. Now, I received a mail requesting for evidence.

 

Here is the request:

 

1) The petitioning sponsor submitted a joint Federal income tax return for the most recent year. Since there is no supporting tax documentation (W-2s, 1099s, Form 2555 and tax schedules) provided for the petitioning sponsor, we are not able to determine if the petitioning sponsor's income on the Federal income tax return meets or exceeds 125 percent (100 percent if military) of the poverty guideline. The petitioning sponsor must submit supporting tax documents filed with the joint Federal income tax return.

 

2) Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor  the income did not meet 125 percent (100 percent if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor. The joint sponsor will need to submit: A completed and signed Form I-864 for the joint sponsor. All pages must be present and of the same revision date A copy of the joint sponsor's Federal income tax return for the most recent year A copy of the joint sponsor's supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) that you filed with your Federal income tax return Evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

 

I am the only one working in my household and my current salary is around 100k so after checking the income guideline. I am qualified to sponsor my mother.

 

My question is if I submit the requirements for 1 - supporting documentation for income ( I will be submitting form 1040, W2s, and 1099 - I forgot to include documents when we filed the application), do I still need to submit I-864 from a sponsor as stated in 2?

 

By the way, what do I put on current annual income? is it based on the last income tax return submitted?

 

 

I appreciate all your input.

 

 

Thank you.

 

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[Chancy 6,233]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parent ***

 

11 hours ago, wizzie1980 said:

what do I put on current annual income? is it based on the last income tax return submitted?

 

You mention having a W2, so I figure you are not self-employed.  In that case, your current income should be calculated from your current pay, not your reported income from the past.  In addition to the required tax documents for item #1, submit evidence of your current income, like a recent pay stub or a letter from your employer listing your annual salary.  If you have an employment letter, use the annual salary listed there as your current income.  If you will submit a pay stub instead, compute based on: salary rate for the current pay period x number of pay periods per year.

 

If you are able to provide the documentary evidence that your current annual income is well above the minimum required for your household + your mother, no need for a joint sponsor.  You may want to include a letter with your RFE response, explaining your current income and the supporting documents.