L
LC J
Mar 26, 2022
RFE on Affidavit of Support
Hello guys, I filled the application for Green Card based on marriage with American Citizen. My wife made $25,782 last year and the immigration asks for $22,867 for she be able to be my qualified sponsor. We sent the form I-864 with all her information and also her last tax return (form 1040 IRS) where it says how much she made ($25,782) but even tho they said it wasn’t enough to determine she meets the criteria do be my qualified sponsor and now they ask me for more documents to support that. I spoke with the person who made her taxes and she said an IRS transcript from her last taxes should be enough. Someone went through the same experience? Do you guys think the transcript should be enough? Thank you so much!

IR-1/CR-1

U.S. citizen filing for a spouse

Total Days: 433 days
Case
2022-02-17
2023-04-26
I-765
357 Days
I-130
425 Days
I-485
433 Days
National Benefits Center: I-765, I-130, I-485
Timeline Map
2022-02-17
I-765
I-485
I-130
Submission to USCIS
2022-03-08
I-485
D+19
Request for Evidence(RFE) from USCIS
2022-03-18
I-485
D+29
Biometrics, i.e. fingerprint and photo
2023-02-09
I-765
D+357
Decision (Approval or Denial)
2023-04-13
I-485
D+420
Response to RFE
2023-04-18
I-130
D+425
Decision (Approval or Denial)
2023-04-26
I-485
D+433
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
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My time is Coming 😭🥲Mar 26, 2022
you might have to get a joint sponsor
L
LC JMar 26, 2022
But that’s the weird part, she made more than how much they asks, so it shouldn’t be a problem
My time is Coming 😭🥲Mar 26, 2022
@luis send in the tax transcripts if anything they would just send you a rfe i had an rfe to for the i-864 and i sent in the tax transcripts they made me recaculate the household size and submit the most recent tax instead of 2018-2020
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LC JMar 26, 2022
I did exactly that, I sent the most recent tax (2021) and our household size is just 2 (which should be the amount of $22,867). I’m just afraid because that’s already the RFE, so idk if they would let me change something after I send the transcript for example or, if the transcript is not enough for whatever reason, they would deny my case. But thank you so much for sharing your experience!
L LMMar 26, 2022
It’s fine. They ask me for samething…They wouldn’t deny you for that, if the need something else they will just send another RFE.
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misty khanMar 27, 2022
something with me too....I did $38000 for 4 people and they said doesn't meet minimum income but federal guidelines said 4 people minimum $34000 but I don't understand too
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LC JMar 27, 2022
What did you do or what will you do about it? I’ll probably just try send the transcript since I don’t have anyone else to be my sponsor.
m
misty khanMar 27, 2022
I'm doing my current 2021 tax return not 2020....I m not doing joint sponser because my lawyer said income is good ....they don't have to be rejected so....
m
misty khanMar 27, 2022
and what u doing?
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fd diMar 27, 2022
Luis the income you put on the application is the gross income or the total income?
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LC JMar 27, 2022
the gross income and the total income are 25k+
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fd diMar 27, 2022
you have to make sure you are not giving the gross income. The total income is on the schedule C under the Total income per computer. I put gross income for my application and they ask RFE stating is not the real income. So I had a joint sponsor. Total income is the net income after withdrawing the taxes.
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fd diMar 27, 2022
I’ve just checked the tax return I submitted and yes I can confirm you the gross income and the total one is not the same amount in my application. My gross income was over 50k and I found out the total income was 15k because my husband was a self employed. And usually independent add their expenses on their tax. So make sure you are not looking at the gross income.
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LC JMar 27, 2022
I just checked here and the total income was $25,782 and the adjusted gross income $25,287, so technically it should be enough
f
fd diMar 27, 2022
okay I see. You only have one chance to respond the RFE. So if USCIS asks for joint sponsor there should be a reason. You should call them to make sure then
E
Eugene MMar 27, 2022
Check your tax deductions, I believe it’s after deductions. I.e you may earn a million but if your expenses were also a million you’re reporting no income. Definitly check the tax return.
Y
Yanz .Mar 27, 2022
I would suggest sending tax transcripts for the most recent 3 years. That's what i did and they accepted( I never sent the actual 1040form). I think they want to see consistent flow of income
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LC JMar 27, 2022
I was thinking about sending just the last year transcript since 2020 and 2019 my wife made less than $22,867 as they require because she’s a full time student. Did you send something else or just the transcripts?
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Yanz .Mar 27, 2022
maybe add copies of her most recent paystubs up to 6 months and send with the last year transcript
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chris kMar 27, 2022
Are you using the correct state for your calculation? Send them a bunch of documentation on your net worth, if you’re over 4x what is required you meet the alternative criteria. Just went through this as well, wife didn’t make much of anything over the last couple of years but my net worth is substantially more than what’s required. After documents were submitted biometrics were scheduled and actively being reviewed now.
T MMar 27, 2022
they don’t just check 2021. 2019-2020-2021 tax return transcript
T MMar 27, 2022
if you don’t find a joint sponsor. your case will be denied. don’t talk only 2021. they always care last 3 years how much spouse made.
m
misty khanMar 27, 2022
but it is fine right $39000 income for 4 people????
c
chris kMar 27, 2022
At least $34,687 for the last three years tax returns, unless you’re in Hawaii or Alaska.
m
misty khanMar 27, 2022
I'm in Georgia and my income $39000 for sponsor but I don't understand why nvc doing like that....because minimum $34,687
Potomac SCMar 27, 2022
@Ja Lem I am going to make your option, it worked for you?
m
misty khanMar 27, 2022
what u mean?
Sim faithfullyMar 27, 2022
send 2 months payslip n job letter from her employer even though you submitted tax document proof of employment is also required
m
misty khanMar 27, 2022
yes I'm doing this payslip last 1 month one
m
misty khanMar 27, 2022
because my sponsor income is good ...under federal government so..let's see
L
LC JMar 27, 2022
@Next step 2022 - She can easily get the job verification letter, that’s not a problem, the thing is that her main job isn’t enough for the amount immigration requires, so she complemented it with Doordash/Uber Eats side jobs to achieve the amount on her tax return total income the amount immigration asks
f
fd diMar 27, 2022
it is either a letter from employer or last 6 months paystub not less
f
fd diMar 27, 2022
with Uber and other hustle job the income is never the same maybe that is why they asked for joint sponsor. Because my husband was doing Uber Lyft with over 50k with 3 persons in household and they still asked joint sponsor.
T MMar 28, 2022
self employment is totally different. let’s say she made 30k for a year. she shows a lot of expenses. let’s say she shows 15k expenses for a year. then her income based on 15k. as you said she made in 2019-20 less than what uscis wants to, they always look at last 3 years’ transkript. all I recommend you is to find joint sponsor. if they send you rfe about that, no one can know better than them on this app. just follow the instructions. otherwise the fee you paid so far is gonna burn and deny your case.
L
LC JMar 28, 2022
@Sam Mete, I understand, but her total income (the item that they check for the amount required on the tax return) is still higher than the amount they asks for, even after the expenses. But thank you so much for your comment! I’ll think about what I should do
T MMar 28, 2022
my friend you said yourself. stop thinking of only 2022. they care last 3 years’ transcript to check up whether she work enough or not.
T MMar 28, 2022
it's up to you. good luck
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LC JMar 28, 2022
She doesn’t have a loan but I don’t know anyone else who could be my sponsor, but thank you tho
f
fd diMar 28, 2022
Is she the only one working ?
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LC JMar 28, 2022
yeah, I can’t work yet, no work authorization
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hazzel ghApr 4, 2022
is it ok guys if we submit 2018,2019,2020 transcript because my husband did not get the 2021 transcript and he filed IRS on 1 april
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fd diApr 4, 2022
yes but it would be better to include the 2021 knowing that filling tax season is about to be over on April 18
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hazzel ghApr 5, 2022
@fd di i know and we also want to submit the 2021 transcript but we don’t get it yet. my question is that will they give RFE for this ??
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fd diApr 5, 2022
if your RFE due date is not this month wait for it. Or write a letter explaining that you file the 2021 but did not receive it yet. If you have a proof of submission you can include also. When you get your 2021 you add it online on your document
f
fd diApr 5, 2022
just don’t forget to put the 2021 w2 and 6 month paystub. That way they can have an idea of 2021 income also without the tax return
f
fd diApr 5, 2022
Thé best is to ask a lawyer. I can only give you advice based on my experience about uscis
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hazzel ghApr 5, 2022
thankyou
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hazzel ghApr 5, 2022
@dd di I submitted all the documents on April 1st 2022, if I get the 2021 transcript in April, I can still submit anytime ?
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fd diApr 5, 2022
i think you have nothing to loose to add documentation or you can call them and ask them if it is necessary
My time is Coming 😭🥲Apr 5, 2022
@G Kaur i think once you submit the RFE response i think thats it because they only wanted what the RFE ask for so dont upload anything online if you already submitted all the documents for the RFE unless your deadline dint past then its ok but if the dealine past do not upload anything online.
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hazzel ghApr 5, 2022
@butter Doll @fd di Guys I haven't got RFE yet, I am asking you all, if I haven't submitted the 2021 transcript, so it could be the reason of RFE ?
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fd diApr 5, 2022
it will depend on when you submitted your application USCIS always asks the most recent tax return. if you file in 2021 then the most recent one is in 2020 but you can bring the 2021 tax return at thé interview for an update even if they don’t ask you
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hazzel ghApr 5, 2022
my husband submit I-864 Ds260 civil documents nd 2018,2019,2020 transcripts along with W2 for 2021 in NVC on 1st april 2022
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fd diApr 5, 2022
if you filled on 2021 you should fine. Just respect what the i864 instructions asked you to submit along with the form
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hazzel ghApr 5, 2022
i filed i-130 in May 2021 but submit my documents in nvc april 01 2022
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fd diApr 5, 2022
then you should be fine
h
hazzel ghApr 5, 2022
so i don't need to upload when i get the 2021 transcript unless they ask themselves right
f
fd diApr 5, 2022
exactly
joulie gMay 27, 2022
@LC J is there any news about your case ? what did you do?

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