I-485 RFE and Tax year

[gl88]

Hi Guys,

I applied for I-485 in Oct. 2017 and received RFE letter for the evidence of affidavit support in Dec. 2017. My sponsor's income of 2016 didn't pass the guideline. But, the income of 2017 is $1000 above 125% of the poverty guideline of 2017.

I was told that USCIS only looked at the tax of the last year when you filed the initial document. It means the income of 2017 is not considered if I applied for I-485 in 2017. Is it true?

And, my sponsor just got the W-2 of 2017. Does the W-2 work because I was given 90 days to resend the new evidence and the IRS transcript may not be available until April?

Thanks

[newacct]

Hi Guys,

I applied for I-485 in Oct. 2017 and received RFE letter for the evidence of affidavit support in Dec. 2017. My sponsor's income of 2016 didn't pass the guideline. But, the income of 2017 is $1000 above 125% of the poverty guideline of 2017.

I was told that USCIS only looked at the tax of the last year when you filed the initial document. It means the income of 2017 is not considered if I applied for I-485 in 2017. Is it true?

And, my sponsor just got the W-2 of 2017. Does the W-2 work because I was given 90 days to resend the new evidence and the IRS transcript may not be available until April?

Thanks

It's not the last year's or any year's or any month's tax filing that matters; what matters is current income. If he is in his current job, that job's salary is his current income. It doesn't matter if he hasn't filed a tax return since he started; he can provide pay stubs for many months to prove his current income.

[UScitizenFilingforspouse]

Hi Guys,

I applied for I-485 in Oct. 2017 and received RFE letter for the evidence of affidavit support in Dec. 2017. My sponsor's income of 2016 didn't pass the guideline. But, the income of 2017 is $1000 above 125% of the poverty guideline of 2017.

I was told that USCIS only looked at the tax of the last year when you filed the initial document. It means the income of 2017 is not considered if I applied for I-485 in 2017. Is it true?

And, my sponsor just got the W-2 of 2017. Does the W-2 work because I was given 90 days to resend the new evidence and the IRS transcript may not be available until April?

Thanks

You do not need IRS transcripts unless the RFE specifically requested them. A copy of the federal income tax return -all schedules- along with W-2a and 1099s will suffice.

Best of luck!

[snoop90044]

You need a new sponsor

If you file your AOS in 2017 You need to provide taxes for 2016 all pages w2’s of your sponsor along with proof that their residents or USA citizens. You need a new sponsor that meets the guidelines. I send my package November 4 and I for RFE because I used my income but I made a mistake in the tax year page I put 2017 instead of 2016 and they require me to send my taxes all pages and w2s for 2016 and they told me I could get a sponsor if I wanted to so I did. I am the intended immigrant and I have a work permit so I would have been able to adjust with my income I make over 10000 more than the poverty line but since I made that mistake they RFE. I recommend that you get a sponsor ASAP that is Single and makes over the 20300 that they require.

[BELLAGIO]

I have the same issue at the moment. we filed in 2017 March and the income for 2016 was well above but the one for 2017(which we haven't filed taxes) did not meet the guideline. Our interview is in a few days and I'm just hoping the officer will only look at the taxes of 2016 or just like someone said the current income matters and I'm just wondering if they can determine if the person meets the guideline or not from paystubs presented.