I-864 RFE for what ?

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NickF

New Member
Hi,

I'm from Canada, came here as an F1 student and got married with my GF who is American. She is a dual citizen (Canada/USA) but was born and raised in Canada. Although she is American, she only moved here with me in August of 2010.
She then had to find a job etc etc....turned out to be pretty good. The only problem is that she never filled a Tax return in the US before because she wasn't living here, thus she wasn't making enough money.

Now because she only worked 3 months in 2010, my wife's income was around $11,000 on her 2010 tax return (which we sent). We got letters from her employers sating that she was expected to make that much money for 2011 and
sent all of that signed by the employers. She also sent a letter explaining her situation and so everything "should" have been find (at least that's what I thought). Because she works with short notice contracts, she could only prove that
she was going to make $21,500 in 2011....which is still more then 125% of poverty (correct me if it's not).

I received an RFE today saying that based of the I-864 that they received, the income did not meet 125% of federal poverty.

I'm wondering if they just checked the tax return from 2010 without reading the letter.

Also, do I have to print a law stating that she doesn't have to fill a tax return because she made under XX amount of money ??

I even sent a account balance of mine with over $20,000 in it...

Anybody think that there's something missing here or just get a joint-sponsor and that's it ???

Any help is really appreciated.

Thanks everyone
 
As a US citizen, she was supposed to file a US tax return for worldwide income for all of 2010, not just the 3 months she worked in the US. And for all the years she worked in Canada before that. She can use tax treaties and other exemptions to cancel out most or all of the US taxation on Canadian income, but she's still supposed to report the worldwide income. Looks like she'll need to file an amended return for at least for 2010.

I'm wondering if they just checked the tax return from 2010 without reading the letter.
Click to expand...
That letter is a standard one when they have a problem with the I-864. It's often sent because the evidence of income is insufficient, not because the income is insufficient. Or because of some other problem with the source of income, such as if it's not expected to continue after you become a permanent resident. That might be the issue, because she's working on a short-term contract.
 
My wife did include her work in Canada in her 2010 american tax return. She just finished school in May 2010 and started working, like I said, in August/September of 2010. I think it makes sense that the problem might be the evidence.

We sent letters of her employer stating her income and added all of them together for the final number. I read that something as easy as one monthly or weekly pay slip is good enough (to think of it, I didn't attach any of her pay slips).

For the little contracts, we didn't even bother mentioning that because we thought it'd be too funky ! Basically, she's a private music teacher for kids in school, three days a week in three different schools. I just want to make sure that I really send them
what they need otherwise, I feel like I,ll get denied and in trouble.

Thanks again
 
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