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I-864 Affidavit of Support help please!

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  • I-864 Affidavit of Support help please!

    Hi, All

    We just received a RE letter from Immigration office in requesting for more evidence. They ask for "all supporting tax documentation submitted to the IRS." and " Based on document submitted with Form I-864, Affidavit of support, petitioner did not meet 125% of poverty guide."

    Here are my situations: 1. I got a job one month ago, the annual income is 47,500. It meets the poverty guide, so I provided my employment letter that states the wage and date. 2. I was not required to file tax return for the last few years because I was in school and my income is really low, so I did not provide tax supporting documentation but an written explanation.

    Please help me out as I do not know why my income does not meet the threshold, and why immigration office still ask for my tax supporting documentation as I included an written explanation explained why I was not required to file a tax return

  • #2
    Originally posted by somesome007 View Post
    Hi, All

    We just received a RE letter from Immigration office in requesting for more evidence. They ask for "all supporting tax documentation submitted to the IRS." and " Based on document submitted with Form I-864, Affidavit of support, petitioner did not meet 125% of poverty guide."

    Here are my situations: 1. I got a job one month ago, the annual income is 47,500. It meets the poverty guide, so I provided my employment letter that states the wage and date. 2. I was not required to file tax return for the last few years because I was in school and my income is really low, so I did not provide tax supporting documentation but an written explanation.

    Please help me out as I do not know why my income does not meet the threshold, and why immigration office still ask for my tax supporting documentation as I included an written explanation explained why I was not required to file a tax return
    You have to prove sufficient income at least for one whole year (previous year, not your current situation) Since you got your job recently, this does not prove that you meet the poverty guideline. you need a joint sponsor. he/she must exceed the poverty guideline and file form i-864 with proofs of income (tax returns with all schedules are the best proof of income) stating that he/she supports you for your low income situation.

    (This is just my opinion and must not be taken as professional advice)

    Comment


    • #3
      Originally posted by otranviky View Post
      You have to prove sufficient income at least for one whole year (previous year, not your current situation) Since you got your job recently, this does not prove that you meet the poverty guideline. you need a joint sponsor. he/she must exceed the poverty guideline and file form i-864 with proofs of income (tax returns with all schedules are the best proof of income) stating that he/she supports you for your low income situation.

      (This is just my opinion and must not be taken as professional advice)
      This is wrong. It's current situation that matters, not previous year (unless you're self-employed).

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by somesome007 View Post
        Hi, All

        We just received a RE letter from Immigration office in requesting for more evidence. They ask for "all supporting tax documentation submitted to the IRS." and " Based on document submitted with Form I-864, Affidavit of support, petitioner did not meet 125% of poverty guide."

        Here are my situations: 1. I got a job one month ago, the annual income is 47,500. It meets the poverty guide, so I provided my employment letter that states the wage and date. 2. I was not required to file tax return for the last few years because I was in school and my income is really low, so I did not provide tax supporting documentation but an written explanation.

        Please help me out as I do not know why my income does not meet the threshold, and why immigration office still ask for my tax supporting documentation as I included an written explanation explained why I was not required to file a tax return
        Were you working in the job at the time you signed the Affidavit of Support? (If not then you couldn't count the income.) Did you put the annual salary of your current job ($47,500) in your current income (part 6 #2) and your current household income (part 6 #15)? Did you include as many pay stubs as you had? Everything you described seems to be correct; the rejection may be a mistake. Maybe they just want at least a month or two of history in this job? Try to submit it again with the employment letter and all the pay stubs that you have now, which is more than you had before.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Thank you, but more questions

          Originally posted by newacct View Post
          Were you working in the job at the time you signed the Affidavit of Support? (If not then you couldn't count the income.) Did you put the annual salary of your current job ($47,500) in your current income (part 6 #2) and your current household income (part 6 #15)? Did you include as many pay stubs as you had? Everything you described seems to be correct; the rejection may be a mistake. Maybe they just want at least a month or two of history in this job? Try to submit it again with the employment letter and all the pay stubs that you have now, which is more than you had before.
          Thank you for the quick response. 1. Yes, I was working at the time I signed the Affidavit of Support (the second week of my job). 2. I did put my annual salary in part 6 #2. But I did not put anything for part 6 #15. (I do not know why I left that section blank). 3. I do not have any pay stubs at that time because the pay is bi-weekly, and I filled the form at the beginning of the second week of my job. 4. I now do have more pay stubs (thank god), I will include them in my packages. 5. Your opinion sounds awesome, and I will definitely keep them in mind. Thank you. Also I would love to hear others opinion, can someone please help me out here? Thank you guys so much.

          So get back to my original question. I was not required to file tax return and I did included an written explanation in my packages. But the office still ask for my supporting tax documentation. I do not understand why they are doing this? Do I have to call the IRS to send me a tax transcript that says I was not required to file a tax return?

          Comment

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