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Dreaded RFE! Please help, income based question

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  • Dreaded RFE! Please help, income based question

    Any help would greatly be appreciated, the RFE reads: "The petitioner/sponsor on form I-130 has submitted form I-864EZ, Affidavit of Support. However, the income listed on the Federal income tax return provided does not meet or exceed 125% of the poverty guideline. The petitioner cannot submit Form I-864EZ to satisfy the Affidavit of Support requirement. The petitioner must submit a completed and signed for I-864, Affidavit of Support, and provide copies of the most recent Federal income tax returns... Submit evidence of assets or obtain a joint sponsor."

    I petitioned for AOS for my wife and everything has been moving along until this RFE. I basically submitted a I-864EZ because my wife is the only person I am sponsoring as a F1 student. I have only been working for the past three years 2014, 2015, 2016 and could only give them information for 2014 and 2015. During those two years I had transitioned up the ranks in my job and my salary had steadily been increasing, but not enough time spent working could prove that. My current salary is about $33,000 due to raise I received a few months ago. I would bring in $22,000 a year after taxes, $2,000 past the poverty threshold for sponsoring one person. I could potentially add on my 2016 tax return as I am getting my W-2 next week and can file immediately and hope to give them a more current looking tax return - although my gross income would not indicate my current earnings past $20,000.

    I can only prove that I am making enough money, but have not year earned what they are looking for. When I submitted the I-864EZ I supplied three letters of employment verification indicating my current salary of $33,000, a W-2 not from this current salary, H&R Block Tax Return (again not from this salary). and about 6 or more pay stubs indicating a transition of a wage raise and my current wage. Am I wrong in thinking that my current salary and pay is enough to satisfy this requirement? I have not yet worked a full year with this current position for it to be indicated on my tax return to fulfill this requirement.

    Did it have something to do with the fact that I submitted I-864EZ instead of a regular I-864?
    Would submitting the tax return from 2016 be more beneficial because it indicates at least somewhat of my current salary?
    My last resort would really be getting a joint sponsor and I really don't want to go down that road if I don't have to.

  • #2
    Originally posted by Acex88 View Post
    Any help would greatly be appreciated, the RFE reads: "The petitioner/sponsor on form I-130 has submitted form I-864EZ, Affidavit of Support. However, the income listed on the Federal income tax return provided does not meet or exceed 125% of the poverty guideline. The petitioner cannot submit Form I-864EZ to satisfy the Affidavit of Support requirement. The petitioner must submit a completed and signed for I-864, Affidavit of Support, and provide copies of the most recent Federal income tax returns... Submit evidence of assets or obtain a joint sponsor."

    I petitioned for AOS for my wife and everything has been moving along until this RFE. I basically submitted a I-864EZ because my wife is the only person I am sponsoring as a F1 student. I have only been working for the past three years 2014, 2015, 2016 and could only give them information for 2014 and 2015. During those two years I had transitioned up the ranks in my job and my salary had steadily been increasing, but not enough time spent working could prove that. My current salary is about $33,000 due to raise I received a few months ago. I would bring in $22,000 a year after taxes, $2,000 past the poverty threshold for sponsoring one person. I could potentially add on my 2016 tax return as I am getting my W-2 next week and can file immediately and hope to give them a more current looking tax return - although my gross income would not indicate my current earnings past $20,000.

    I can only prove that I am making enough money, but have not year earned what they are looking for. When I submitted the I-864EZ I supplied three letters of employment verification indicating my current salary of $33,000, a W-2 not from this current salary, H&R Block Tax Return (again not from this salary). and about 6 or more pay stubs indicating a transition of a wage raise and my current wage. Am I wrong in thinking that my current salary and pay is enough to satisfy this requirement? I have not yet worked a full year with this current position for it to be indicated on my tax return to fulfill this requirement.

    Did it have something to do with the fact that I submitted I-864EZ instead of a regular I-864?
    Would submitting the tax return from 2016 be more beneficial because it indicates at least somewhat of my current salary?
    My last resort would really be getting a joint sponsor and I really don't want to go down that road if I don't have to.

    I think i864ez is for intending immigrants who have income , You have to file I-864 and if it doesn't have the poverty req then you have to show assets or joint sponsor

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