
DM117
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Posts posted by DM117
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Hi all,
We mailed our package in mid-november, and got our Request for Initial Evidence letter a few days after my biometrics appointment (december 17th). My wife started working a couple months ago, so we had to find a joint sponsor. She is retired, so we sent her tax transcripts for the past 3 years, and SS/Pension statements stating what she gets every month (we sent one statement for her SS, and one for her pension).
The RFE is asking us for the following :
1) Tax documentation for the most recent tax year and supporting documents.
Does that mean that the transcripts weren't enough?
2)Their second point is that "Based on the documents submitted with form i-864, for the Joint Sponsor, the income did not meet the 125 percent if the federal poverty guideline for the joint sponsor's household size".
Like I mentioned earlier she is retired, and her income comes from her SS/pension. Now on her 1040 line 22, it looks like she's making around 3k a year, because her SS income in non-taxable. I'm guessing the officer looked at line 22 and issued the RFE based on that, even though she makes more than is required.
Where do we go from here? For the most recent tax year (2017), should we send a copy of her 1040 and 1099, along with SS/pension yearly statements, 12 months worth of bank statements with the amounts highlighted, and a letter explaining why that amount doesn't show up on line 22 of her 1040?
As for proving her current income (which is 5k over the 125 perecent), send all 12 monthly SS/Pension statements, plus bank statements for each month?
That seems a little overkill, but it seems that it's safer to send more than they need rather than not enough.
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We tried downloading the transcripts, but they ask for a credit card number/loan/mortage and my wife doesn't have any of that, so we had to request them by mail.
Also, for 2017 I have our French tax return, with both our income on it that add up to be over the 125% requirement. I was thinking about sending a copy with the i-864. However,
1- Only about 8k of our income for the year was earned by my wife
2-That document is in French, and would be a real pain to translate. It is doable though, if including it helps our i-864 getting approved.
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We are waiting on the IRS transcripts, once they get here we can send it off. We're located in Miami. You say "it will be up to the interviewer", but wouldn't they send an RFE (if they decide my wife doesn't qualify) asking for a co-sponsor, long before the interview?
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Let me start off by thanking all the members of this forum for the helpful advice they post, it really has made this process easier for us. We are ready to send the AOS package any day now, but we're having doubts about the i-864 and whether or not my wife (USC) would qualify as my sole sponsor. She is currently making above the 125% requirement, but she's only had that job for a couple months. Prior to that she lived in France with me for two years, with zero income in 2016 and around 8k in 2017. So she can get her Tax transcripts for 2015 and 2017, and explain why she wasn't required to file in 2016.
We've read a lot of posts on this forum, and talked to a few attorneys, and we got conflicting opinions. Some say that only her current income matters, as long as she can provite paystubs and a letter from her employer, and some say that she needs to show stable past income. If we only send her 2017 transcript, it would be below the poverty line (I was the one working during that time). We are not able to get a co-sponsor, so would she qualify on her own?
Civil Surgeons who DON'T rip you off [merged threads]
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
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(904) 260-5757
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