RFIE - LPR Application
Nov 28th 2018, 3:07 am
#1
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RFIE - LPR Application
We have received an RFIE for our application.
As per the instructions we submitted my wife (the petitioner)'s 2017 IRS tax transcript as backup to the values we put on the I-864.
We did not supply any backup to support her wage listed as the instructions said we did not need to unless specifically requested by USCIS.
The RFE says the below;
Submit all supporting tax documents (W-2s, etc)submitted to the IRS for the most recent tax year.
The petitioner on I-864 must submit a complete federal income tax return submitted to the IRS for the most recent tax year.
Based on the documents submitted with I-864 the income did not meet 125 percent for the federal poverty guideline. Obtain a qualifying joint sponsor.who demonstrates the ability to support you or submit evidence of assets.
The petitioner lists their current income on I-864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.
Submit evidence of the petitioners current income. Such evidence should include;
Pay stubs for the previous 6 months.
Evidence of other income.....etc.
Letter of employment containing the following;
Dates of employment.
Nature of the job.
Yearly salary earned.
Number of hours per week worked.
Prospects for future employment and advancement.
So. It's a bit frustrating that they are asking for evidence of the salary, and extra evidence of the tax paid when the instructions did not state they were required.
However they have asked so we are supplying;
2017 1040 tax return
W-2 from both jobs held in 2017
2017 IRS tax account transcript (again)
2017 tax return transcript
Pay stubs for Apr-Oct 2018 (it wasn't clear whether they wanted the 6 months previous to the application or to the RFE so these 7 months covers both)
Letter from employer detailing the requested, including a note that my wife is able to apply for career advancement after 18 months.
Do you think that the above covers what they are looking for?
My other concern (and slight RFE ambiguity is the fact that they state that "Based on the documents submitted with I-486 the income did not meet 125 percent for the federal poverty guideline".
Is that just because we didn't actually supply any evidence of the income (other than the IRS transcript for 2017)?
As ever, thank you for your replies.
Cheers.
As per the instructions we submitted my wife (the petitioner)'s 2017 IRS tax transcript as backup to the values we put on the I-864.
We did not supply any backup to support her wage listed as the instructions said we did not need to unless specifically requested by USCIS.
The RFE says the below;
Submit all supporting tax documents (W-2s, etc)submitted to the IRS for the most recent tax year.
The petitioner on I-864 must submit a complete federal income tax return submitted to the IRS for the most recent tax year.
Based on the documents submitted with I-864 the income did not meet 125 percent for the federal poverty guideline. Obtain a qualifying joint sponsor.who demonstrates the ability to support you or submit evidence of assets.
The petitioner lists their current income on I-864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.
Submit evidence of the petitioners current income. Such evidence should include;
Pay stubs for the previous 6 months.
Evidence of other income.....etc.
Letter of employment containing the following;
Dates of employment.
Nature of the job.
Yearly salary earned.
Number of hours per week worked.
Prospects for future employment and advancement.
So. It's a bit frustrating that they are asking for evidence of the salary, and extra evidence of the tax paid when the instructions did not state they were required.
However they have asked so we are supplying;
2017 1040 tax return
W-2 from both jobs held in 2017
2017 IRS tax account transcript (again)
2017 tax return transcript
Pay stubs for Apr-Oct 2018 (it wasn't clear whether they wanted the 6 months previous to the application or to the RFE so these 7 months covers both)
Letter from employer detailing the requested, including a note that my wife is able to apply for career advancement after 18 months.
Do you think that the above covers what they are looking for?
My other concern (and slight RFE ambiguity is the fact that they state that "Based on the documents submitted with I-486 the income did not meet 125 percent for the federal poverty guideline".
Is that just because we didn't actually supply any evidence of the income (other than the IRS transcript for 2017)?
As ever, thank you for your replies.
Cheers.
Last edited by Jerseygirl; Nov 28th 2018 at 3:41 pm. Reason: Change to I864
Nov 28th 2018, 11:22 am
#2
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Joined: Apr 2010
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Posts: 9,561
Re: RFIE - LPR Application
Does the income, in fact, meet the criteria? Or is there some ambiguity?
Nov 28th 2018, 2:29 pm
#4
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Joined: Apr 2001
Posts: 46,391
Re: RFIE - LPR Application
There is no such form number ... You are referring to for I-485.
Nov 28th 2018, 3:06 pm
#6
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Joined: Apr 2001
Posts: 46,391
Re: RFIE - LPR Application
So your RFE was for the I-864 affidavit of support and not the I-485.
To honest, I don't understand where you read that supporting evidence of her 2017 wage/earnings were not required. Of course, it would be. I know that it has been many years since I've done the I-864 for my husband and even then it was stated that I needed to supply them with a letter from my employer stating my position, length of employment, annual salary, etc. I also had to include pay stubs (and in my case no stubs so included direct deposit statements from my checking account).
It is mandatory that her earnings and/or savings be current at the time of filing the I-864 on your behalf and for her that included the year 2017.
To honest, I don't understand where you read that supporting evidence of her 2017 wage/earnings were not required. Of course, it would be. I know that it has been many years since I've done the I-864 for my husband and even then it was stated that I needed to supply them with a letter from my employer stating my position, length of employment, annual salary, etc. I also had to include pay stubs (and in my case no stubs so included direct deposit statements from my checking account).
It is mandatory that her earnings and/or savings be current at the time of filing the I-864 on your behalf and for her that included the year 2017.
Nov 28th 2018, 3:23 pm
#7
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Location: Phoenix, Arizona
Posts: 58,679
Re: RFIE - LPR Application
I would include pay stubs from both 2017 (in support of the tax return figure) and 2018 (current income).
You mention the 2-person income. Was your income included along with hers on the I-864? If so, did you include proof of that as well?
Rene
You mention the 2-person income. Was your income included along with hers on the I-864? If so, did you include proof of that as well?
Rene
Nov 28th 2018, 3:29 pm
#8
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Posts: 46,391
Re: RFIE - LPR Application
Thanks, Rene. I was thinking that as well since he was here on a valid work visa and working at the time of their marriage although I believe he quit that job when he got the EAD. I'm assuming he is currently working. Please forgive me if my remembrance is incorrect.
Nov 28th 2018, 5:34 pm
#9
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Posts: 47
Re: RFIE - LPR Application
The instructions for I-864 specifically states that a transcript from IRS is all you need to submit:
Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue
Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most
recent tax year. If you believe additional returns may help you to establish your ability to maintain suffcient income, you
may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
You are not required to have the IRS certify the transcript or photocopy unless specifcally instructed to do so by a
Government offcial; a plain transcript or photocopy is acceptable.
Do not submit copies of your state income tax returns. Do not submit any tax returns that you fled with any foreign
government unless you claim that you were not required to fle a Federal individual income tax return with the United
States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not
subject to tax in the United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most
recent tax year. If you believe additional returns may help you to establish your ability to maintain suffcient income, you
may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
You are not required to have the IRS certify the transcript or photocopy unless specifcally instructed to do so by a
Government offcial; a plain transcript or photocopy is acceptable.
Do not submit copies of your state income tax returns. Do not submit any tax returns that you fled with any foreign
government unless you claim that you were not required to fle a Federal individual income tax return with the United
States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not
subject to tax in the United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
The following items must be submitted with Form I-864:
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement
and/or evidence describing why you were not required to fle. Also include a copy of each and every Form 1099,
Schedule, and any other evidence of reported income. You may submit this information for the most recent three
tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these
items will help you qualify.
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement
and/or evidence describing why you were not required to fle. Also include a copy of each and every Form 1099,
Schedule, and any other evidence of reported income. You may submit this information for the most recent three
tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these
items will help you qualify.
except we also sent in paystubs and employment contract, since my wife recently changed jobs, so we figured we needed to show the recent change in income somehow.
Nov 28th 2018, 5:52 pm
#10
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Joined: Apr 2001
Posts: 46,391
Re: RFIE - LPR Application
I would say the pertinent information is contained here:
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
Nov 28th 2018, 6:08 pm
#11
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Posts: 119
Re: RFIE - LPR Application
The situation was that I was working on an L visa, however just before we got married the company was sold so I had to quit the job and use the 60 days buffer period until we could get the LPR paperwork filed.
That means that I am not currently working, and can't until the EAD comes (hopefully in about 3 months!). So it was just my wife's income we used ($50k+).
As a sidebar...do you think they have begun to process the I-131 and I-765, or will these applications also be on hold until we reply to the RFIE?
Nov 28th 2018, 6:11 pm
#12
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Posts: 119
Re: RFIE - LPR Application
Taking a personal interest in this since the OP applied for the exact same AOS as I did, only a couple of weeks after me...
The instructions for I-864 specifically states that a transcript from IRS is all you need to submit:
Then this is contradicted in the checklist in the bottom of the instructions:
Hoping I don't get the same RFE, because we sent in the same documents as Aquapanther except we also sent in paystubs and employment contract, since my wife recently changed jobs, so we figured we needed to show the recent change in income somehow.
The instructions for I-864 specifically states that a transcript from IRS is all you need to submit:
Then this is contradicted in the checklist in the bottom of the instructions:
Hoping I don't get the same RFE, because we sent in the same documents as Aquapanther
except we also sent in paystubs and employment contract, since my wife recently changed jobs, so we figured we needed to show the recent change in income somehow.I would say the pertinent information is contained here:
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
In addition to the above stated by Jasskatten, the instructions also state;
You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.
Therefore we did not submit them as I thought it best to keep the paperwork to a minimum where possible, and I must have missed the info on the checklist!
Maybe silly on my part and should have went over and above the instructions.
Nov 28th 2018, 6:13 pm
#13
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Joined: Jan 2018
Posts: 47
Re: RFIE - LPR Application
I would say the pertinent information is contained here:
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you fled a joint income tax return
with your spouse and are qualifying using only your income.
In the majority of cases, the couple do file joint, even if the foreign spouse was not working that year. They gain a higher deductible filing joint if they don't have enough individual deductions to add up to over the standard deduction allowed. In addition, you are instructed to never send in originals of any documents, only copies, so again that part of the sentence prevails.
Nov 28th 2018, 6:36 pm
#15
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Posts: 119
Re: RFIE - LPR Application
OK, so for clarification you are suggesting that it might be helpful to provide payslips for all 12 months in 2017 and 10 (to Oct) in 2018?