Dillman2112

Anyone know?

Do I need to include the paystubs, employer and bank letters and W-2s again, or can I just write a cover letter explaining why the I-864 form was re-done with the included 1040?

Thanks

Thanks for the reply.

I guess better safe than sorry so I will submit a re-done I-864 with the 2014 form 1040. The calculations meet the requirements on both the W-2 and the total income on the 1040 for 2014 so hopefully there wont be an issue.

Do I need to include the paystubs, employer and bank letters and W-2s again, or can I just write a cover letter explaining why the I-864 form was re-done with the included 1040?

Hello,

I submitted my I-485 package in February after coming into the US on a K-1 and marrying within the 90 day period. My wife is a student with no income so we used her father as a joint sponsor, filling out a separate I-864 form for each. My initial submission for the joint sponsor contained a signed bank letter of total deposits for a year, a signed letter from the employer stating salary and date of employment, and a 1040 tax form from 2013 as 2014 taxes were not completed at the time. The joint sponsors W-2 income met the 125% of the poverty line.

I then received an RFE stating the father's income did not meet the requirements and needed more evidence so I obtained 6 months of paystubs as well as 3 years (2012, 2013 and 2014) of W-2 forms and sent that in.

I have now received a second RFE related to issues with co-sponsors income, however the exact issue is highlighted. When determining income eligibility, the sponsors total income on line 22 on form 1040 is looked at. In our case, due to a business loss, the sponsors total income was a negative number around -$30,000 for 2013, even though the W-2 income for 2013 ($37,000) met the requirements. The letter also stated the sponsor would need to show assets equaling 5 times the difference between the income and the poverty line (about $30,000), meaning around $60,000 x 5 and equaling roughly $300,000. This is not possible in our case.

The joint sponsor recently finished his 2014 taxes and the total income on line 22 ($37,000) of the 2014 1040 does now meet and exceed the poverty guidelines for the specified family size. If I send in the 2014 1040, do I now need to redo the entire I-864 to reflect the new information or if I just send in the 2014 1040 is that sufficient?

Any tips or suggestions would be appreciated.

Thank you.

Thanks for the reply.

To clarify it is the 2013 1040 form that does not meet the 125% poverty line income requirements as it is -$30,000 on line 22, however the 2014 1040 line 22 does meet the requirements at $37,000. This is because the business loss amount has declined each year and the total income is now in the positive.

I have already sent in 2012, 2013 and 2014 W-2s, a letter from bank and employer as well as 6 months of paystubs showing the annual income requirements are met, however as stated the 2013 1040 shows the total line 22 income as (-$30,000) due to a business loss. I have not sent in the 2014 1040 as it was not ready for the initial submission or first RFE.

My question could be rephrased as if only the latest 1040 meets the income requirements and previous 1040 returns do not, will this cause the application to be denied?

Hello,

I submitted my I-485 package in February after coming into the US on a K-1 and marrying within the 90 day period. My wife is a student with no income so we used her father as a joint sponsor, filling out a separate I-864 form for each. My initial submission for the joint sponsor contained a signed bank letter of total deposits for a year, a signed letter from the employer stating salary and date of employment, and a 1040 tax form from 2013 as 2014 taxes were not completed at the time. The joint sponsors stated annual income met the 125% of the poverty line.

I then received an RFE stating the father's income did not meet the requirements and needed more evidence. It was not totally clear what the exact issue was as they sent a multitude of options, some saying more income evidence needed or evidence of assets and some saying the joint sponsor does not meet requirements outright and to obtain a co-sponsor. I (wrongly) assumed they only needed more information to back up the joint sponsors income so I obtained 6 months of paystubs as well as 3 years (2012, 2013 and 2014) of W-2 forms and sent that in.

I have now received a second RFE related to issues with co-sponsors income, however this time it appears they took a personal approach and decided to highlight the exact issue. When determining income eligibility, the sponsors gross income (line 22 on form 1040) is looked at. In our case, due to a business loss, the sponsors gross income was a negative number around -$30,000 for 2013, even though the W-2 income for 2013 ($37,000) met the requirements. The letter also stated the sponsor would need to show assets equaling 5 times the difference between the income and the poverty line (about $30,000), meaning around $60,000 x 5 and equaling roughly $300,000. This is not possible in our case.

The joint sponsor recently finished his 2014 taxes and the number on line 22 ($37,000) of the 1040 does now meet and exceed the poverty guidelines for the specified family size, however it is not clear to me whether I can now use his 2014 tax return. Does anyone have experience with something like this? Submitting a tax return that does not meet requirements, getting an RFE and then submitting a newer tax return that does meet requirements? If I can submit this form will I need to submit any portion of the I-864 filled out differently to reflect the new information?

Any tips or suggestions would be appreciated.

Thank you.

Edit: Just realized I put this in the wrong section, should be in AOS for Family Based Visas...

To update, I went back and mentioned right away that I am a Canadian citizen, both the secretary AND the clerk this time were familiar with the process and let me know there are two options as a Canadian citizen:

1. Take a driving test and keep my current Canadian license as well as be issued a 1-year FL license.

2. Surrender my Canadian license and no driving test is needed for the 1-year FL license to be issued.

I decided to surrender my license and not take the test. I asked if I could have the Ontario license back, but invalidated, and that was no issue as well. They only clipped off the corner, so now I can send that back to ServiceOntario for a refund.

It took about an hour of questions and waiting at the kiosk but the license was finally issued. At first I only presented my birth certificate though the clerk eventually did ask to see my passport, which then caused him to have to go ask another employee for help. He came back saying "I was trying to make this too complicated, it's actually really simple". I'm assuming after taking note of the I-94 inside .

Anyway, now I was able to get insurance (I had to order a copy of my Canadian abstract to lower the premium) and I am in the process of registering my car here. That process is going to be more expensive than what I thought unfortunately but I will be glad to have all this stuff over with!

Thanks for the reply! I wish I had known all this beforehand but I really wasn't thinking there would be an issue.

Since that DMV office is a 5 min walk from home I'll give them another try before going to another. This time I will hand them my birth certificate instead of passport and let them know I am a Canadian Citizen looking to exchange my license.