JonathanMetts

On 9/10/2022 at 4:23 PM, Casjino said:

just FYI, after they received my evidence yesterday they approved my GC today, no interview 🙂 

How many affidavits did you send them? I received a similar RFE. Congrats btw!

Hello, we are in the same situation. 70 days since our interview, where we were verbally approved by the officer. Any update? 

On 1/29/2022 at 9:23 PM, pushbrk said:

The 2020 tax return filed in 2021 showing 2020 income is currently the most recent tax return

One recent pay stub is fine as evidence of current income.

No worries regarding bonuses.  As long as the income stated is comfortably over the required amount, it's fine.  They can see the past income is actually MORE than the stated income.  It's not a problem.

Not required to file a tax return is not a problem. Being required to and not filing is a problem.

 

Lots of members here have been in the same situation but may not be reading and replying.  More important is to get the right answers from somebody who actually knows. 😉

Good evening, I recently received a RFIE regarding my (the sponsor's) I-864.  One of the items that USCIS requested was "a complete copy of the petitioning sponsor's federal income tax return...for the most recent tax year." 

I have filled out my 1040 for the tax year of 2021 and I have all w2's and 1099s. However, I filled jointly with my wife who does not have a social security number or ITIN. In early March we applied for an ITIN number at a IRS office. They took my 1040 and all supporting documents and said they would file it for me once my wife's ITIN number is approved/issued. 

So should I submit my 1040 for 2021 with my I-864? Or just send them a copy of my 2020 transcript and list years 2018-2020 since my 2021 return has not been processed yet? 

On 4/10/2022 at 6:26 PM, pushbrk said:

You can try anything you want.  I'm telling you what works.

This is slightly off topic, but in Part 5 of the I-864 what is the correct answer to “If you are currently married, enter ‘1’ for your spouse” ? 
 

My wife is the principal immigrant named in part 3 and counted in question one part 5.

To keep the household size correct, I should put a zero in this box correct? With an explanation in additional evidence emphasizing that I am married? 

On 4/1/2022 at 7:45 PM, moonyanyo said:

Hello,

 

After filing separate I-485 petitions for myself and my daughter, I have now received an RFE based on the I-864.

The RFE states, "based on the documents submitted, we could not determine that the petitioning sponsor is qualified."

And "The I-864 must be properly completed and signed and the sponsor's income must meet 125 percent of federal poverty guidelines for their household size."

I am wondering if this RFE was caused by a miscalculation of the household size on the I-864 form.

 

My husband meets the income requirements for a household size of 4 which is $34,687 - he currently makes $39,600

 

Household is as follows:

- My husband (sponsor)

- Myself (beneficiary with own I-864)

- My daughter (beneficiary with her own I-864)

- My stepdaughter (my husband's daughter born in the USA and lives with her mother)

 

On my own and my daughter's individual I-864's I counted 4 for the household size due to the information above.

However, on Nolo.com it states that you should not include someone with their own separate petition in your I-864 household size.

So, I think I may have made an error in that I should have only included:

1 myself, 2 husband, and 3 step-daughter on my I-864 

1 my daughter, 2 husband, and 3 stepdaughter on my daughter's I-864

I shouldn't have included my daughter on my household size - and I shouldn't have included myself on hers.

In the end, the USCIS officer would know to add each of us to each other's household size to make 4.

Does this make sense?

 

Also, if you receive an RFE can you call USCIS and ask them what the specific issue is? Or are you left to figure it out on your own?

 

Thank you for your help! 

 

 

 

 

 

Not sure about the household size, but I am 99% certain that you cannot call USCIS and learn what the specific issue with your I-864 was. You are expected to return a I-864 that completely follows the instructions of USCIS. 
 

I also received an RFIE for my I-864 that does not tell me what the specific issue was. Frustrating for sure. 

2 hours ago, Timona said:

Yes, leave both 23b and 25 unchecked. 

 

Yes, total number of household members..how many members are you before the immigrant? Do you have any dependants?

I am married to the principal immigrant. No one else is in my household. The only issue I had with the household question was Part 5 question 3 which asks if I am currently married.

I am currently married, but to the principal immigrant which I am sponsoring in the avidavit. 
 

In my first submission, I left Part 5 question 3 blank, but after further research it looks like I should put a “zero” in that box. 

14 minutes ago, Timona said:

And check household total. That's usually another culprit 

Total number of members of my household or annual household income? 
 

Also in your first response, did you mean to say 25 instead of “23”?
 

Thank you for taking the time to reply.  

Hello everyone, 

My wife (the principal immigrant) and I received an RFEI from USCIS 147 days after submitting the I-485 packet. The RFEI requests that I, the primary sponsor, submit a new I-864 due to multiple deficiencies. I am grateful for the chance to correct this form. I believe that most of my issues came from Part 6. 

The question that I have for this forum pertains to Part 6 Question 25 "I was not required to file a federal income tax return...". Is this question referring to the most recent tax year or any of the three most recent years? I filed taxes for 2021 and 2020, however I did not file taxes due to no income (I was in college). 

So for the third most recent year (2019) I should write "$0.00" in 24.c. and leave 25 unchecked since I filed for two of the three years? 

Thanks for the help! 

Hello, I just joined this website and had the same question. Did you end up checking the box on 25 or not? Thank you!