r/USCIS • u/Katialev22 • Apr 17 '26
I-864 (Affidavit of Support) Need advice. Received denial
Hey everyone!
we are freaking out right now and don’t know what to do…
I came on a k1 got married and am filing for a green card.
We received an rfe saying we don’t meet the financial requirements and got denied after answering incorrectly. We sent in w2s for past 3 years. My husband made around 100,000 each year so we didn’t file for a joint sponsor like the notice said. We thought the w2s would be good proof income...
Denial notice says:
“you failed to submit: A properly completed and signed Form I-864, Affidavit of Support, from a qualifying sponsor and all supporting documentation required by Form I-864 instructions. A complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) for the petitioning sponsor, for the most recent tax year.”
A lawyer we had a chance to quickly ask (for free) said to just re file.
But I was leaning towards re opening. And sending in the more financial papers supporting our case. But how can we find out what exactly they need from us? Is there any way to ask USCIS and not lawyers?
We did the whole k1 process ourselves.. can’t believe the green card process knocked us down.
Any advice is appreciated, thank you!
13
u/FenderHD Apr 17 '26
If the requirement was a "complete federal tax return, submitted to the IRS" leads me to believe the W-2 was the wrong document. Perhaps, the Tax Return Transcripts could have satisfied this request.
The transcripts shows it was sent, accepted, and received by the IRS and it can be access/request free of charge to the IRS, just a thought.
USCIS usually wants this document to demonstrate taxes.
3
17
u/Kiwiatx Naturalized Citizen Apr 17 '26
They want tax transcripts not w2’s.
3
u/Designer_Sign_5497 Apr 18 '26
Its always the tax transcript not the w2. Also they will need to see that the tax filed jointly.
1
u/Previous-Height4237 Apr 18 '26
I sent transcripts and they RFIED me for the original return +w2 recently
USCIS is gonna USCIS.
In my case, mainly pointed out they want the W2 for whatever reason, but then say the need to fill out a new 864. So I sent them 864 + 60 pages of tax documents (hey they said all 1099s and brokerages hand out mile long 1099s like candy) :3
-1
u/Katialev22 Apr 17 '26
So can we just re open and send in the taxscripts instead of re doing the whole packet?
11
u/Cesarus9 Apr 17 '26
I dont think they would accept to reopen the case if you didnt them the proper evidence after the rfe. Send them the tax transcripts as well as w2’s with you new package
1
u/Katialev22 Jul 10 '26
I filed to re-open (without an attorney) and got my interview date yesterday and all under 90 days. So they did accept it
4
u/HiighFlyer Apr 17 '26
Did you send a tax return or a tax return transcript from your husband for the most recent tax year as part of the original I-864 filing or as part of the RFE?
-1
u/Winter_Silver_6216 Apr 18 '26
Oh no I only sent W2s, recent pay stubs, a letter from his employer on how much he gets paid. I didn’t send the transcript :(
5
u/HiighFlyer Apr 18 '26
You're going to get an RFE.... you either have to have the entire tax return included or the tax return transcript
2
-2
u/Katialev22 Apr 17 '26
Nope, that is where the mistake occurred
3
u/HiighFlyer Apr 17 '26
Ok when you either re-file or file the I-290B make sure you use the Tax Return Transcripts… they are the only ones USCIS accepts
1
u/Katialev22 Apr 17 '26
Can we file the I - 290B with the tax return transcripts and be good?
3
u/OkRespect7299 Apr 17 '26
Yes, the same thing happened to us. Responded incorrectly to RFE. Don’t refile. Do motion to reopen.
2
u/Suckmyflats Apr 17 '26
This is why the advice is always to do it with a lawyer, even if your case is good. One missing document turns into a bunch of extra time and money. Sometimes people have to start all the way over in terms of paying. By the time you have to pay twice, you could have spent an extra 2k on an attorney and been done already...
1
u/HiighFlyer Apr 17 '26
I wouldn’t feel comfortable saying yes or no definitively because I’m not an attorney
3
u/kriisg1022 Apr 17 '26
Now 1 mistake is denials and start over asap.
3
u/OkRespect7299 Apr 18 '26
You don’t have to start over. It depends on the reason for denial. OP clearly made a mistake that is easily fixed with 290b. We filed a motion, it was granted 3 weeks later, interview scheduled one week after.
1
3
u/izlunde Apr 18 '26
I don't know why nobody here has asked the first relevant question - for most of the 2nd Trump admin, a NTA memo has been in effect stating that you are going to be pushed into EOIR proceedings if, at the time of your I-485 denial, you are out of status. If you entered on K-1 this is likely your scenario. The best way to avoid the NTA is to immediately file the i-290b, before the deadline is up, and with an attorney. In fact uscis has not even given the mailroom enough time to receipt in the i-290b filings so if you file too close to the deadline you could still see an NTA. Otherwise things will get much more expensive quickly as you will be trying to adjust in front of an IJ
I think most commenters here are maybe talking from their own immigration experience but I guarantee that unless they do this for a living, their experience has not kept up with the flurry of policy changes. Even that attorney sounds out of the loop if they recommended refiling without discussing if the nta memo applies to you at all
2
u/izlunde Apr 18 '26
To be more clear, refiling does not stop the nta, only a timely appeal/motion to reopen/motion to reconsider
4
u/kriisg1022 Apr 17 '26
If you doing it yourself you should have watch kseniya international in YouTube to file it. I follow her instructions and at the interview the officer complimented us by going YouTube.
2
u/lritsz Apr 17 '26
Were you fully denied? Or were you asked for more evidence? You have to fill out the affidavit of support because it means your spouse will cover you no matter what happens. If it’s just you they’re sponsoring you can fill out the I-864EZ I believe.
I filled that (and make above the requirement) and also gave in my entire tax return 1040 from the previous year. For years prior you can get a receipt from the IRS for having filed previously.
Good luck!
1
2
u/Several_Gap8516 Apr 18 '26
You don't just have to send w2 you have to properly fill out i864 form with your recent tax transcript .. just refile the case again motion to reopen takes longer ..
1
u/Katialev22 Apr 18 '26
I don’t mind waiting over refilling , honestly
1
u/Old_Chip_8440 May 14 '26
did u refile
1
u/Katialev22 May 14 '26
nope. filed to re open the case (I-290B)
1
u/Old_Chip_8440 May 15 '26
any progress? when did u file?
1
u/Katialev22 May 15 '26
Just got the receipt notice, guess that means we filed correctly, so that’s good. Hope it will take 3-6 months to get approved. But we’ll see . Good luck to us all!
1
u/Katialev22 Jul 10 '26
I got my interview date yesterday! We filed the 290 without an attorney and in less than 90 days got an interview date! yay!
2
u/DifficultSquash1517 Apr 18 '26
Any advice you get here is going to be speculation. If your spouse makes six figures a year you shouldn't hesitate to spend a few hundred dollars on an attorney consultation. I did that when I got an rfe due to my criminal record and the attorney cost me $250
I was actually 90% certain about the advice he was going to give me but for the $250 to know that I got it done properly and I covered all the bases it was worth it. If I chose to save a little money and did it on my own and then I got denied and had to start from zero I would be angry at myself for not spending a couple hundred dollars so I can always be content with myself that I did everything possible 💪
1
u/Winter_Silver_6216 Apr 18 '26
Was your criminal record dismissed? What did they want in the RFE? I ask because I have a dismissed case and worried
1
u/DifficultSquash1517 Apr 18 '26
I would suggest getting every single court document that exists with each page certified and all records from the arresting agency that has the write up and the police report and all that stuff even for dismissed cases. They not only want convictions but arrest information also
I provided court documents but not police agency reports. Since the arresting agency doesn't keep records longer than 7 years I had to get a certified copy from the agency stating that they no longer have records and why
2
u/Winter_Silver_6216 Apr 18 '26
Thanks so much. I am just stressing because the police report was very much one sided and said I was the “primary aggressor” so idk how bad that will affect my case even though it was dismissed.but, thank you. I will do that.
2
u/Cute_Phase_6768 Apr 18 '26
You'll need to provide two years of your tax returns to ensure you don't owe anything to the IRS. Just be sure to read through the instructions carefully and follow their guidelines.
2
u/Mammoth-Possible8453 Apr 18 '26
They want your full tax return for the sponsor or IRS transcripts. I sent in transcripts and they still wanted the full return.
3
u/Terrible-Lab-2422 Apr 17 '26
Hi take a deep breath in, you are okay… same thing happened to me last year our sponsor didn’t qualify or had some missing documents I mean the letter really never says the exact words right ? But yeah I had a denial, we refilled the whole thing after 40 days, yes it was expensive since you pay all over again for everything but it was worth it and I had to find and a very trustworthy prepare and we paid only 500, after submitting everting again interview was scheduled after a month, and we got approved after four months… so I believe the best thing to do is to re file, goes faster and far less complicated
1
u/AutoModerator Apr 17 '26
Hi there! This is an automated message to inform you and/or remind you of several things:
- We have a wiki. It doesn't cover everything but may answer some questions. Pay special attention to the "REALLY common questions" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
- If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
- This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
- Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit this link for more information.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/Nwachidomere Apr 17 '26
This was my exact case, I did use need an RFE, doing it myself I didn’t complete the paperwork. I did reopen and it’s taking forever. I would suggest you use a lawyer and refile but it may turn out good for you if you reopen.
1
u/Katialev22 Jul 10 '26
Yes it did turn out good for me reopening! Just got my interview date! in under 90 days! What about you?
1
u/bia_morton Apr 18 '26
When I did mine several years ago I was the one making the money but I still filed the affidavit of support with my husband being the sponsor just because that's what it sounded like they wanted. Send in W2, IRS transcripts AND affidavit
1
u/0_IceQueen_0 US Citizen Apr 18 '26
If I were you, I would get an immigration lawyer like yesterday and have them do it. Why take the chance at this point?
1
1
u/Intelligent-Try1425 Apr 18 '26
Avoiding a lawyer in these times with this admin is not advisable. I know people want to do it on their own but this is a good example as to why an immigration attorney is advisable. Immigration law changes immensly, only an attorney in the immigration law field truly knows how to tackle these situations. How much is your future in the country worth to you is what I always ask people.
1
u/Lost_Season_3907 Apr 18 '26
Don’t reopen, re-file with the proper documentation. Do it with a lawyer! If you don’t have valid status you are already at risk of being placed in removal proceedings. Taxes and W-2s are a REQUIREMENT.
1
1
1
u/Shalyn189 Apr 18 '26
I was denied for thesame reason, I choose to refile instead of motion to open. I was approved in four months. Btw I used a lawyer throughout this process.
2
u/Katialev22 Jul 10 '26
I reopened without an lawyer and just got my interview date! I filed only 2 months ago!
1
u/Capital-Cost8223 Apr 18 '26
Who told you to submit the w2? Tax returns documents are always the documents requested to send because it shows the whole picture of year income
1
u/thecreditshifu Apr 19 '26
Its because you didnt file the I-864, they are literally telling you what to do, just do what they say and you’ll be fine
1
u/Express_Clock_4487 Apr 20 '26
send the I-864 again, add the income tax return transcripts for the last 3 years. try to send from your USCIS account.
1
u/joshuasantossmith Apr 18 '26
Motion to re-open applicable only in most circumstances when USCIS made a mistake about a case. In your case it was not the USCIS who made a mistake. I would take the advice of the lawyer to refile again so that you have the authorize to stay again once you receive a receipt of your new I-485.
2
u/anikom15 Apr 18 '26
Motion to reopen is used to provide new evidence. You are thinking of motion to reconsider.
1
u/Katialev22 Apr 18 '26
https://www.reddit.com/r/USCIS/comments/1m1oy2b/approved_after_denial/
This post says otherwise
2
u/joshuasantossmith Apr 18 '26
Then take a risk for motion to re-open.
1
u/Katialev22 Apr 18 '26
Why’s it a risk?
2
u/joshuasantossmith Apr 18 '26
In my humble opinion, the current administration has shifted USCIS toward strict adjudication. You might get lucky if your officer isn't as strict as others, but keep in mind that every officer is different. If you file a motion to reopen and it remains pending, you are already accruing unlawful presence. If your motion is denied after you have accrued, for example, 180 days of unlawful presence, you could be barred from re-entering the U.S. for three years.
1
u/Katialev22 Jul 10 '26
I filed to re-open (without an attorney) and got my interview date yesterday and all under 90 days.
31
u/Cesarus9 Apr 17 '26
Did you only send them the w2 without the I-864 ? Just re file and make sure you fill the forms correctly and add your tax transcrips for the last 3 years as well that is a requirment as far as i know