BenK91

So from reading other forums it appears the majority of people that received requests for initial evidence didn't send in 2016 W2's. I'm assuming that's what ours is for as my wife and her MIL (joint sponsor) didn't have them?

Is this not going to be an issue because they take a while to be received and there's a time limit on RFE's?

Noorah101

If they sent in photocopies of tax returns, then the W-2 needed to be included, as that is part of the tax return.

If they sent in official tax transcripts from IRS, no W-2 was needed.

It shouldn't take too long to obtain the W-2. They don't need to order it or anything, they should have a copy themselves already, which was needed to do the tax return in the first place.

And it doesn't take long to get the tax transcripts either.

Rene

BenK91

Thanks Rene, I haven't received the notice yet and the mail hasn't been today so I'm making assumptions but it seems accurate so I'll update once we've actually received it!

Rete

That's great BenK. I didn't know that you had family living in the US. Thought you had emigrated here solely because you were marrying an American. Nice that you have family here as well as her family.

ian-mstm

The inherent paradox in all this, is that 2016 tax returns aren't due this year until April 18, 2017... which means the government shouldn't actually expect to receive copies of any tax return that not only hasn't yet been filed it isn't yet even due.

Ian

BenK91

Yeah I have 2 cousins on the west coast, one on the east and a aunt and uncle in Texas!

BenK91

That was my thought, IF that's what the RFIE is for, is it worth me calling USCIS and discussing or will that be a complete waste of my time?

Noorah101

Waste of time. The RFE won't be for anything missing from 2016 tax returns, I'm pretty sure...since they aren't even due yet...unless your wife has done hers, submitted it with the I-864, and did not include the W-2.

Rene

BenK91

So, I just got the RFIE in the mail.

1. The joint sponsor lists their current income on form I-864 as an amount to be considered sufficient; however, no evidence has been submitted as proof of current income.

That's easy to fix, I'll send off pay stubs for the previous 6 months.

2. 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.

We did this so no clue as to what they actually want.

3. Based on the documents submitted with form I-864, Affidavit of Support, for the joint sponsored the income did not meet 125% of the poverty guideline for the joint sponsors income.

What the f**k in 1. They said the income was sufficient?! They have a income of around $90,000.

Completely lost and confused now.

tom169

Maybe point 3 is a child of point 1?

I.e. once point 1 is fulfilled then point 3 will be redundant.

BenK91

That's what I'm hoping, it's still confusing though. We're debating calling a lawyer on Monday and just proceeding on with that but it's obviously money we'd rather not spend.

Also oddly on the RFIE it says the address to return it to is in Missouri which seems odd, is that the norm or has our case been forwarded onto somewhere that can process faster than Colorado?

tom169

It's my understanding that is where the NBC is and is the stage before it is sent to a local field office.

Noorah101

I wouldn't bother with a lawyer.

I would create a simple cover sheet for each item and call each cover sheet simply 1, 2 and 3 and attach the evidence for each behind the cover sheet.

1. Easy fix...include 6 months of pay stubs, as you said.
2. Either send another photocopy of what you've already sent, or obtain official IRS tax transcripts.
3. Send another photocopy of the joint sponsor's complete I-864.

Missouri is normal, as it's the document collection center.

Rene

ian-mstm

With any RFE, you have 3 ways to proceed: 1) give them everything they ask for and request that they continue processing; 2) give them some of what they ask for and request that they continue processing; or 3) give them none of what they ask for and ask that they continue processing. The only thing you can't do, is ignore the RFE!

However you respond, if they want something more they'll send you another RFE! Bottom line - this isn't a life/death situation. Focus on the goal, not the journey.

Ian

BenK91

Thanks all. Will be mailing off our RFIE response tomorrow.

I did however receive my selective service registration details in the mail today...