An employee of my own company. I-864 Affidavit of Support - Part 6 - Sponsor's Employment and Income

[jolive2025 2]

Received an RFE for my I-864 Affidavit of Support.

"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."

 

I provided 3 months of my W2 along with three years of my Form W-2 Wage and Income Statement from IRS.

 

For my household size of 4, including my spouse, the guidelines are:

100% of HHS @ $32,150     

125% of HHS @$40,187 

 

https://www.uscis.gov/i-864p

 

My income exceeds this, which was shown in my recent 3 months W2, Last year's Tax filling and IRS (Form W-2 Wage and Income Statement)

 

However, I did not include an IRS Tax Return Transcript for the most current year, is this what the RFE is asking for?  

 

[jolive2025 2]

I run my own business and it is a registered corporation where I pay myself a salary.

 

On form I-864, Part 6. Sponsor's Employment and Income do I select:

 

[] I am currently: Employed as a/an ________

[] Name of Employer 1 ________

 

OR

 

[] Self-Employed as a/an (Occupation) _______________________

 

I selected Self-Employed at first, but I now receive an RFE. I am thinking since my business is it's own entity, I should fill in Employed as an CEO and Employer is my company?

 

[Dashinka 25,838]

Yes, in general, USCIS and/or consulates prefer IRS Tax Return Transcripts.

 

Good Luck!

[jolive2025 2]

IRS "Tax Return Transcript" and not "Tax Account Transcript” correct?

 

I can provide both if needed.  Would it be safer to provide the most recent year Tax Return Transcript or should I provide last three years?

 

Thanks for your reply!

[Dashinka 25,838]

2 hours ago, jolive2025 said:

IRS "Tax Return Transcript" and not "Tax Account Transcript” correct?

 

I can provide both if needed.  Would it be safer to provide the most recent year Tax Return Transcript or should I provide last three years?

 

Thanks for your reply!

Yes, the tax return transcript.  Also, if you submitted separate W2 copies, you may also want to include copies of your actual returns.  USCIS and consulates are easily confused, and since the IRS transcripts contain all the W2 information, when they also see W2 copies, they sometimes asl for the copies of the returns that go with the W2(s).  I know, it sounds idiotic, but bureaucracies can be very idiotic.

[jolive2025 2]

Hi Dashinka,

 

That's a great point. I'm planning to resubmit my I-864 with just recent 3 months pay stub and one most recent IRS Tax Return Transcript.  This should suffice for I-864 proof and not cause more confusion then necessary? Or should I submit three years of IRS Tax Return Transcript ?

[Dashinka 25,838]

The requirement is just the most recent tax year, but they can ask for additional, but that usually happens at an interview.

 

Good Luck!