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Please Need Help With RFE (I-485)- Income Base

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  • Please Need Help With RFE (I-485)- Income Base

    Hello all,

    I really need experienced person's help with this tricky process. Please guide me.

    I have received the RFE Last week (PD-24th Jan' 18)

    RFEs states as below :

    " Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.
    The Petitioner/ sponsor must submit all supporting tax documents for the most recent tax year.

    Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guidelines for the Petitioner/sponsor's household based on household size.
    Submit evidence of assets that meet the standards listed below or obtain a joint sponsor.
    Assets must equal the stated difference between the petitioner/sponsor's household income and 125% of the poverty guideline.
    Assets must equal the difference for applicants filing as orphans.
    Assets must equal three times the difference for a spouse or child of a United States citizen
    Assets must equal five times for all others

    Evidence of assets includes:

    Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance;
    Evidence of ownership and value of stocks, bonds, and certificates of deposit;
    Evidence of ownership and value/equity of other personal property and dates acquired;
    Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgages/lien or lien release of any real estate"



    I received above REF from the USCIS and I have some questions if anyone can help.

    Background Info,
    I have submitted following supporting documents for I-864 during Initial Submission (Co-currently filled I-130& I-485) (Submitted date /PD - 02/24/18):

    1. For Current Year 2018 (Current Employer Job Verification Letter & 2018 Paystubs)(Current Income ~60k)
    2. For Tax Year 2017 (I have sent Last 6 Months Paystubs & available W2 , I DID NOT send TAX Return/Tax Transcript of 2017 because in January I didn't receive W2 from my second employer; therefore, we couldn't file the taxes for 2017, so we only sent the Paystubs and available W2s at that time. (income ~ 25k)
    3. For Tax Year 2016- I sent copy of TAX Transcript from IRS (Not W2s) (Income ~16k As I was student and working part time)
    4. For Tax Year 2015 - I sent copy of TAX Transcript from IRS (Not W2s)
    5. Bank's Notarized Letter notarized by Banker shows average deposit of 12 months

    My questions :

    1. Are they asking for my recent tax year (2017) documentations as we didn't send Federal Tax Return at the time of initial filling?

    2. Now I have all my W2s and I filed my 2017 Tax Return last weekend. However, we can't E-File the tax return because we have to apply for my Spouse ITIN number so we sent paperwork to IRS Today for paper filing. That may take up to 4-6 weeks to update in their system. In this scenario, Can I attach and send copy of 2017 Federal Income Tax Return (1040) this week along with copy of W2s (Not Tax Transcript as It wont be available until next 3 months) , will that fulfill RFE ?

    3. Also, my income in 2017 & 2018 is definitely more than 125% FPL guideline(Ref : As per 125% guideline, for 2 person - it should be 20k) but in 2016 Income was below the 125%. will that affect my petition?

    4. As it stated on RFE , I am also sending Statement from an officer of the Bank that shows average Deposit of 12 months. will that help?



    I really need your help with this RFE and If anyone have Cover letter for this kind of RFE please share. I will really appreciate.

    Thank You in advance for your time and guidance. Please take care.

    RFE response Due in Days : 80 Days
    Last edited by tomjerry111; 02-26-2018, 02:03 PM.

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