Confusing RFE - Please Help!

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sak7777

Registered Users (C)
Hello Experts, I would really appreciate some help.

I just received an RFE for my family based AOS application. Here are the specifics:

Me: Benificiary - Work full time
Spouse: USC Petitioner - Full time medical student

She is the sponsor, her parents are Joint Sponsors.

Here is exactly what I submitted:
I-864: Our past years (2006) Tax Return
I did not submit my W-2's (none exist for her-no income last year) because of the fact that we are using her parents as Joint sponsors.

I-864 (Joint Sponsors): Past Three years Tax Returns and last years W-2's.

Here is the RFE we received today that is confusing, I dont know if it refers to my wife or in-laws (joint sponsors):

F. (40)
- W-2s, 1099s and/or all schedules submitted to the IRS -a copy of his/her Federal income tax return was submitted and/or the sponsor or joint sponsor requested and extension to file his or her Federal income tax return.

- Federal income tax returns for the most recent tax year or certified IRS copies. To obtain transcripts...Form 4506-T..etc.

- Evidence of current employment or self-employment including a letter from each employer on business stationery, showing beginning date of employment, type of work performed, number of hours worked per week, and salary or wages paid. If you are self-employed, submit a redently dated letter on business letterhead or a business license.


The reason I'm confused is that I sent the W-2's (2006) and tax returns (2006, 2005, 2004) for the Joint Sponsor. Are they asking for their remaining W-2's? or are they asking for my W-2's? or wifes (she doesnt have any!)? or all of the above.

Also, we included the tax returns for the most recent years for both Sponsor and Joint sponsor, so I dont know why they want it again?

Lastly, the evidence of current employment, is that for the joint sponsor or me?

I would really appreciate your feedback, I did try to search, but didnt find something specific.

Thanks a lot.
 
Last edited by a moderator:
I864 is for sponsors

Reading what you have written....

seems like they are asking for the sponsor's W2 + 1099 for all the 3 yrs for which you only sent "Tax returns". Had you sent "Tax transcripts".. it might not have come to this. One is supposed to send either transcripts OR returns+w2+1099.
Also they need letter of employment for the sponsors. Has/have to be current.

good luck !

Note: This is not a legal advice, just my own understanding of your RFE.
 
this is exactly what they asked from me the first time..so it's just like what kkboy said..that must be the petitioners..i didnt send 1099 anyways..i didnt have it so i wrote a letter attached to it.
 
Thanks for the reply

To clarify, the petitioner (my wife) does not have any W-2's or 1099's from the year that we submitted our Tax Returns (2006). Should she just write a letter stating that? Do they need my W-2 and employment letter also, even though I have a joint sponsor?

As far as the joint sponsor, I guess there are returns (2005, 2004) I sent without the W-2's. So I'll do that. I just didn't send W-2 with those two since it was optional to begin with. And I'll also send the joint sponsors employment letter.

Am I missing anything else?

Any other input would be greatly appreciated.

Thanks a lot.
 
Last edited by a moderator:
sak7777 said:
Thanks for the reply

To clarify, the petitioner (my wife) does not have any W-2's or 1099's from the year that we submitted our Tax Returns (2006). Should she just write a letter stating that? Do they need my W-2 and employment letter also, even though I have a joint sponsor?

As far as the joint sponsor, I guess there are returns (2005, 2004) I sent without the W-2's. So I'll do that. I just didn't send W-2 with those two since it was optional to begin with. And I'll also send the joint sponsors employment letter.

Am I missing anything else?

Any other input would be greatly appreciated.

Thanks a lot.
Click to expand...
Hey Sak to be on the safe side I would just request transcripts from the IRS. IT'S FREE. Thats what I did. Go to the IRS website and print out the form, then you can request how many years back as you want and its free. You can either mail in the request or even fax it. I faxed it and got my transcripts in about 3 weeks. It even says on the IRS website that their transcrips can be used for USCIS cases. Just my 2 cents.
 
Can someone please clarify this for me:

As far as the last part, are they looking for an employment from me also?
I'm including my joint sponsor's employment letter, but not sure if I should submit mine as well?

Please give me your opinions. Thanks a lot.
 
Anyone??? Please...

I'm just unsure because it says it wants this from the sponsor/joint-sponsor, so technically it's shouldn't be from me. But the sponsor I-864 lists my wifes income as $0, and household and tax return shows my income.

I'm assuming this shouldn't be relevant to me, especially so, since I have a joint sponsor (from whom I'm providing all the requested information). Am I right?
 
Jutarath said:
fax it..it's faster
Click to expand...

Call IRS - its quickest. I faxed and did not get anything for 3 weeks. I called and spoke to someone. He asked me couple of questions to verify my identity and asked why i needed the transcripts. The he said - "wait, let me print them for you" .. he did and came back to the phone, asked the address to where he should send those and I had them in 2 days.
 
Thanks for the reply! I have the transcripts already. I was just unsure of wheather they are looking for just my joint sponsor's employment letter or both joint sponsor and mine.

Joint sponsors income is MUCH higher then any poverty guidelines, so my thinking is that my employment/income documentation shouldn't be necesary?
 
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