Advice on initial RFE for I-864 Joint Sponsor

[Skylines 0]

Hello everyone,

 

I filed for adjustment of status based on marriage, and we ended up receiving an initial RFE asking for a joint sponsor.

 

Quote

Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for his or her household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor (or a different joint sponsor), you will need to:

• Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. A valid signature consists of any handwritten mark or sign made by an individual, and does not include signatures created by a typewriter, word processor, stamp, auto-pen, or similar device. All pages must be present and of the latest edition date.
• Provide the joint sponsor's Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size on Form I-864.
• Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
• Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

 

My wife's current income is over $55,000, but her AGI in the 2024 tax return is around $21,000.

We submitted the 2024 tax transcript, along with her last W2 and 6 months of paystubs that prove her current income is $55,000.

We also made sure to specify this in the cover letter but it seems like USCIS doesn't really care and only cares about the AGI reported on the tax return.

 

We have a joint sponsor to make things easier, however I have a few questions to avoid future RFEs or NOID if any of you guys can help.

 

1. Our joint sponsor files as single, so the household size will be 2 including me. Her AGI on the tax returns are: $40,000 for 2024, $27,000 for 2023, $60,000 for 2022. Is there any benefit in including the years 2023 and 2022? Or should I just include the most recent one? Some lawyers claim you need all three years but it seems wrong.
2. Is it fine to submit just the tax return transcript and the W2 instead of the whole tax return? Instructions on the I-864 would say yes but the RFE seems to ask for the tax return specifically which is ambiguous.
3. Our joint sponsor has a discrepancy with the names on her documents. Specifically, let's say her first name is Mary and middle name is Grace (she goes by Mary and says her first name is Mary), on her green card her first name is "Grace" and middle initial is "M", but on her tax transcripts her first name is "Mary" and middle initial is "G". The I-864 form doesn't have a section for other names used, but we can only pick one. Which name should use? The one on her green card or the one on the tax transcript?

 

Thank you in advance for your help, it's much appreciated!

Edited 21 hours ago by Skylines

[OldUser 9,119]

10 minutes ago, Skylines said:

 

Is it fine to submit just the tax return transcript and the W2 instead of the whole tax return?

It is actually preferred 

[MalloryCat 629]

1. you can just do the most recent year. instructions on the I-864 state they only require the most recent year, but you can include up to 3 years if you believe it will help prove the sponsors financial ability to support the immigrant.

 

2.  USCIS prefers the tax return transcripts.

 

3. so what is her legal name? Mary Grace or Grace Mary? do her greencard and social security card match? that discrepancy could cause issues with USCIS imo

 

 

[Skylines 0]

3 minutes ago, MalloryCat said:

3. so what is her legal name? Mary Grace or Grace Mary? do her greencard and social security card match? that discrepancy could cause issues with USCIS imo

 

I'll have to ask for details, I'll report back once I get some clarity on that. She has renewed her green cards many times with an I-90 but I'm not sure what information she entered there.

[Edward and Jaycel 1,518]

2 hours ago, Skylines said:

Is it fine to submit just the tax return transcript and the W2 instead of the whole tax return?

 

If you submit the tax return transcript, the I-864 instructions specifically state to NOT include the W-2 unless the sponsor is "Married Filing Jointly" and wishes to have their eligibility based only on their income

[JeanneAdil 6,941]

First check your copy of the I 864 and make sure it is completed (all pages even if they do not pertain to u) and that it is signed as the letter reads 

this response is generic and only needs joint sponsor if income does not qualify 

 

 In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size.