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I 864 RFE (urgent, help needed please)

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  • I 864 RFE (urgent, help needed please)

    Hi, i filed my case in december 2015 and i got a RFE earlier this week for initial evidence, i864.

    It asks me to submit all tax documents and supporting tax schedules for the petitioner.

    It also says the petitioner did not make up to 125% of the guidelines which she did.

    My problem is: she (petitioner) only started working last year october so she was only able to make $3965. When she tried filling her taxes as 'married filing seperately' , the system would not accept it as i do not have a ITIN or SSN. So she filed as single. (She got no returns)... Which is what im not sure of because as at december 31st last year we were married. I do not know if we should amend the taxes or submit as it is? Since it would not let her add me on her taxes since i dont have the SSN yet.

    When we submit the documentation again. Do we submit the 1040EZ and the W2 from last year with a letter from her employer estimating her annual income for this year? Would this be enough?

    And if we choose to get a joint sponsor, we have to fill up a seperate i864.
    Last edited by Lordjohnex; 06-13-2016, 11:47 AM. Reason: To get more information

  • #2
    Originally posted by Lordjohnex View Post
    Hi, i filed my case in december 2015 and i got a RFE earlier this week for initial evidence, i864.

    It asks me to submit all tax documents and supporting tax schedules for the petitioner.

    It also says the petitioner did not make up to 125% of the guidelines which she did.

    My problem is: she (petitioner) only started working last year october so she was only able to make $3965. When she tried filling her taxes as 'married filing seperately' , the system would not accept it as i do not have a ITIN or SSN. So she filed as single. (She got no returns)... Which is what im not sure of because as at december 31st last year we were married. I do not know if we should amend the taxes or submit as it is? Since it would not let her add me on her taxes since i dont have the SSN yet.

    When we submit the documentation again. Do we submit the 1040EZ and the W2 from last year with a letter from her employer estimating her annual income for this year? Would this be enough?

    And if we choose to get a joint sponsor, we have to fill up a seperate i864.
    ur only chose is to find a joint sponsor, since ur wife makes below poverty guideline. USCIS don't care about ur income. submit all supporting tax doc, follow the instruction on the yellow paper USCIS sent u. do this accurately and on time cuz they will deny based on this

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    • #3
      Originally posted by iuy87 View Post
      ur only chose is to find a joint sponsor, since ur wife makes below poverty guideline. USCIS don't care about ur income. submit all supporting tax doc, follow the instruction on the yellow paper USCIS sent u. do this accurately and on time cuz they will deny based on this
      Thanks for your reply. Yes i am trying to follow the yellow paper. But im having difficulties fully understanding. Please help me answer the following:

      1) Witll the uscis have a problem with the fact that she filed her taxes as single??

      2) she only earned income via wages so will it be ok if i submit her i864 with her W2 and her 1040EZ? Along with her paycheck stubs. Or what are the other supporting documents that we need to submit?

      Once this is cleared up then i can start with the joint sponsors form.

      Thanks for your reply. Hope to hear from you

      Comment


      • #4
        Originally posted by Lordjohnex View Post
        Thanks for your reply. Yes i am trying to follow the yellow paper. But im having difficulties fully understanding. Please help me answer the following:

        1) Witll the uscis have a problem with the fact that she filed her taxes as single??

        2) she only earned income via wages so will it be ok if i submit her i864 with her W2 and her 1040EZ? Along with her paycheck stubs. Or what are the other supporting documents that we need to submit?

        Once this is cleared up then i can start with the joint sponsors form.

        Thanks for your reply. Hope to hear from you
        i don't know if uscis will have u problem, because it is not joint tax. then again if u guys were legally married at the time of filling and she put single then that might be a problem. at this point it is done, just submit pay stubs for 6 months, w2, tax transcript and hope for the best. i will get a joint sponsor before u submit the paper work just to save time, if not they will send u another letter stating ur wife don't make enough money

        Comment


        • #5
          Originally posted by iuy87 View Post
          i don't know if uscis will have u problem, because it is not joint tax. then again if u guys were legally married at the time of filling and she put single then that might be a problem. at this point it is done, just submit pay stubs for 6 months, w2, tax transcript and hope for the best. i will get a joint sponsor before u submit the paper work just to save time, if not they will send u another letter stating ur wife don't make enough money
          Thanks for your reply. Thats why i meed to makesure. Because we were legally married at the time of filing amd they werent joint taxes. I really appreciate your help. I guess i cant be sure.

          Comment

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