Sorry for the nagging and long post you will about to see. *hint* I-485 RFE *hint*

[rfcpatrick09]

Hi, has been a long time observer on this forum but I never thought (haha I should've known that I will be in this position though) that I would need to seek help as I believed that our case will smoothly proceed as we hoped.

Me and my wife, we just got our RFE, request for initial evidence for I-485 due to I-864.


It says
"Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Services for the most recent tax year. The joint 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 guideline for the joint sponsor's household size"

Since I am applying without an attorney, just need a bit of help.

To make sure I make it clear,

Sponsor (my wife): did not file for tax return the most recent year (2015) due to low income.

Joint Sponsor (my high school buddy): had lower than 125% for the past 3 tax years (2013, 2014, 2015). The 2015 one shows 17,500 on 1040.
I added 6 month paystub, job letter and job contract along with the 1040ez from turbotax and w-2s he got from employers for the year 2015. Submitted birth certificate of his as well. This tax year, based on job letter and paystubs, he will easily make over 125% as he's probably going to get paid around 38k. He just graduated college last year and just got a job (high school teacher as he majored in fine art education) this january.

My ultimate question is that, is it worth it if I prepare all the documents for tax year 2015 from my joint sponsor, all he can get, and more recent pay stubs including July and August (only from January to June was sent) to prove that his current income for next tax year will exceed the threshold? Or would I need to find a new joint sponsor as they cant get past the previous tax year income and deny this case in whole?

If USCIS said they want tax documents but also said the joint sponsor didnt meet the requirement then why do they want the tax documents? What I've sent was enough for them to see if it meets requirement or not. If it didn't, shouldn't have they said go find a new sponsor not asking for documents that can possibly pointless for them?

I have 87 days and I am just worried as it says I basically get one shot and if they dont like it they will basically start deportation proceeding.

Any help would be great, also if I can go ahead with current joint sponsor, if you can tell me what documents I need to send, it'd be great too!

[rayb]

If you are unable to satisfy the RFE for sponsorship proof, USCIS will not start deportation proceedings. Where did you get that idea? You will simply have our Adjustment of Status denied, and will have to start over.

You need a joint sponsor whose 2015 Federal tax return and proof of current employment earnings meet or exceed the sponsorship requirements.

--Ray B

Hi, has been a long time observer on this forum but I never thought (haha I should've known that I will be in this position though) that I would need to seek help as I believed that our case will smoothly proceed as we hoped.

Me and my wife, we just got our RFE, request for initial evidence for I-485 due to I-864.


It says
"Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Services for the most recent tax year. The joint 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 guideline for the joint sponsor's household size"

Since I am applying without an attorney, just need a bit of help.

To make sure I make it clear,

Sponsor (my wife): did not file for tax return the most recent year (2015) due to low income.

Joint Sponsor (my high school buddy): had lower than 125% for the past 3 tax years (2013, 2014, 2015). The 2015 one shows 17,500 on 1040.
I added 6 month paystub, job letter and job contract along with the 1040ez from turbotax and w-2s he got from employers for the year 2015. Submitted birth certificate of his as well. This tax year, based on job letter and paystubs, he will easily make over 125% as he's probably going to get paid around 38k. He just graduated college last year and just got a job (high school teacher as he majored in fine art education) this january.

My ultimate question is that, is it worth it if I prepare all the documents for tax year 2015 from my joint sponsor, all he can get, and more recent pay stubs including July and August (only from January to June was sent) to prove that his current income for next tax year will exceed the threshold? Or would I need to find a new joint sponsor as they cant get past the previous tax year income and deny this case in whole?

If USCIS said they want tax documents but also said the joint sponsor didnt meet the requirement then why do they want the tax documents? What I've sent was enough for them to see if it meets requirement or not. If it didn't, shouldn't have they said go find a new sponsor not asking for documents that can possibly pointless for them?

I have 87 days and I am just worried as it says I basically get one shot and if they dont like it they will basically start deportation proceeding on my ***.

Any help would be great, also if I can go ahead with current joint sponsor, if you can tell me what documents I need to send, it'd be great too!

[rfcpatrick09]

If you are unable to satisfy the RFE for sponsorship proof, USCIS will not start deportation proceedings. Where did you get that idea? You will simply have our Adjustment of Status denied, and will have to start over.

You need a joint sponsor whose 2015 Federal tax return and proof of current employment earnings meet or exceed the sponsorship requirements.

--Ray B

Thank you for your reply! so just meeting the requirement for current income is not enough? 2015 tax return also has to meet the requirement despite the current income satisfies the requirement backed up with 6 month paystub?

also what really happens if they deny me after rfe???

[rayb]

The income tax return, form 1040, line 22, is the first thing looked at by the reviewer. If you provide other evidence that you have been earning enough to meet the annual requirements, and bring that to the attention of the reviewer, the review goes beyond just the tax return.

If your RFE response results in a denial, you have to submit a new Adjustment package, with new fee, and sufficient sponsorship evidence to meet the requriements.

--Ray B

Thank you for your reply! so just meeting the requirement for current income is not enough? 2015 tax return also has to meet the requirement despite the current income satisfies the requirement backed up with 6 month paystub?

also what really happens if they deny me after rfe???

[rfcpatrick09]

The income tax return, form 1040, line 22, is the first thing looked at by the reviewer. If you provide other evidence that you have been earning enough to meet the annual requirements, and bring that to the attention of the reviewer, the review goes beyond just the tax return.

If your RFE response results in a denial, you have to submit a new Adjustment package, with new fee, and sufficient sponsorship evidence to meet the requriements.

--Ray B

So if i submit 6 month paystub, job letters and etc for 2016 to prove that next tax year it will be sufficient i can possibly try to appeal the officer despite of the 2015 return being low? im just saying cause its really hard for me to find another joint sponsor. I have to make it work wirh the current joint sponsor. He just started his new permanent job this january that pays him 38k. If it helps he gets paid by the state of colorado as an employeed educator (public school teacher)

[rayb]

Your co-sponsor documents must be "packaged" in a compelling and credible-enough manner to be convincing that they meet the requirements. An employment verification letter should accompany the co-sponsor's documents, on School District of State agency letterhead, explaining the permanence of his employment.

-Ray B

So if i submit 6 month paystub, job letters and etc for 2016 to prove that next tax year it will be sufficient i can possibly try to appeal the officer despite of the 2015 return being low? im just saying cause its really hard for me to find another joint sponsor. I have to make it work wirh the current joint sponsor. He just started his new permanent job this january that pays him 38k. If it helps he gets paid by the state of colorado as an employeed educator (public school teacher)

[rfcpatrick09]

Your co-sponsor documents must be "packaged" in a compelling and credible-enough manner to be convincing that they meet the requirements. An employment verification letter should accompany the co-sponsor's documents, on School District of State agency letterhead, explaining the permanence of his employment.

-Ray B

Hi Ray

Things have changed since. I found a willing new joint sponsor. Shes in her 50s, living in lower 48 states, though a permanent resident. She owns a business and all her kids are over 21 so she will only be supporting 2 people. Including me household size will be 3 and her last 2015 1040 shows six figures.

Though she owns a business of her own. What do i need to get from her to respond to rfe? i am assuming i-864 and her 1040 but would i also need a copy of any of her business related docs as well?

Thank you!

[rayb]

Patrick,

Your co-sponsor will only be sponsoring your wife, not you. The co-sponsor needs to give you a completed and signed I-864, proof of her US status, copy of 2015 Federal income tax return, W2 and/o4 1099/ SS form copies, proof of employment or self-employment status.

--Ray B

Hi Ray

Things have changed since. I found a willing new joint sponsor. Shes in her 50s, living in lower 48 states, though a permanent resident. She owns a business and all her kids are over 21 so she will only be supporting 2 people. Including me household size will be 3 and her last 2015 1040 shows six figures.

Though she owns a business of her own. What do i need to get from her to respond to rfe? i am assuming i-864 and her 1040 but would i also need a copy of any of her business related docs as well?

Thank you!

[rfcpatrick09]

Patrick,

Your co-sponsor will only be sponsoring your wife, not you. The co-sponsor needs to give you a completed and signed I-864, proof of her US status, copy of 2015 Federal income tax return, W2 and/o4 1099/ SS form copies, proof of employment or self-employment status.

--Ray B

Oh i always thought that co sponsor will need to sponsor me not her as im the immigrant/applicant and shes the USC/petitioner. Maybe i also made that mistake on my previous i-864 too then

[rayb]

I'll state it a different way, since I assumed that the petitioner was asking these questions.

A co-sponsor, if not a "household member co-sponsor, must only provide proof of meeting sponsorship requirements for the applicant (not the U.S. citizen or Permanent Resident petitioner), and the co-sponsor's own family members.

Your spouse does not need a sponsor, since she already has U.S. status

--Ray B

Oh i always thought that co sponsor will need to sponsor me not her as im the immigrant/applicant and shes the USC/petitioner. Maybe i also made that mistake on my previous i-864 too then