I-864 RFE for F-2A, Spouse of Permanent Resident

• Applicant: Mr. Son Bhakta and Mrs. Iris Bhakta
• Nationality: Indian
• Applying for: F-2A, Spouses & unmarried children of Permanent Residency
• Case Type: I-864 (RFE)
• Time: One week
• Challenges:
  • The couple were small business owners.
  • Unable to provide W-2 as proof of income for 2016, and recent years.
  • Proved that the couple’s income qualifies them for F-2A.
  • The couple almost gave up on hope.

BACKGROUND

Feeling helpless can sometimes lead people to give up on all hope. Mr. Bhakta and Mrs. Bhakta found themselves precisely in this grim situation when they received a letter from the National Visa Center requesting that the couple provide proof of their income in order to proceed with their I-864, and continue with the process of their F2A status, as sponsors for their: spouses and unmarried children. The couple was severely distraught because they were about to be denied their F2A Visas, as they were unable to provide W-2’s as proof of income for 2016, or any other recent years because they owned a hotel business. They understood the requirements under the F2A Visa guidelines, and as petitioners for their families, signed a Form I-864, in which they agreed that they would not depend on the United States Welfare programs, and accept full financial responsibility for their son, his spouse and unmarried children. Not knowing what to do, the couple sought legal advice from our legal firm, and Tsang and Associates was successful in getting them Permanent Residency.

KEYS TO SUCCESS

Although Mr. and Mrs. Bhakta were small business owners who worked very hard to earn a living in the United States, they were about to be denied Permanent Residency simply because they were unable to provide the necessary paperwork as proof of income that was requested of them, and were on the verge of giving up on the idea of getting their families permanent residency in the United States. Although this situation may have seemed like a small problem, Tsang and Associates strongly believed that with the proper submission of documents such as the couples most recent tax returns for 2016 and 2017, we would be able to demonstrate that the couple indeed, earned a decent salary as small business owners that would enable them to support themselves and their incoming families too.

After receiving a Request For Evidence regarding our client’s proof of income, we were able to provide the United States Citizenship and Immigration Services (USCIS) with copies of our clients’ business profits for the years 2016 and 2017 tax return for their review, which showed that Mr. and Mrs. Bhakta’s income for 2016 totaled $66,927 and $99,787 for 2017. We addressed the fact that the couple were hard workers but were unable to provide W-2s because as business owners, they depend on the profits they earn. We also showed the couple relied on their earnings, and not on U.S. government programs, as required by the USCIS. From the very start, we were very confident that we could help the couple provide proof of their income and helped them apply for Permanent Residency within a week.

OUTCOME

Mr. and Mrs. Bhakta understood that as small business owners, they do not pay themselves wages, and therefore, did not receive a W-2. Their dire situation was cause for concern because they did not know of another proper way to show proof of their income, and desperately feared not being able to continue to sponsor their families (spouses and unmarried children) to qualify for their F2A Visas. However, with a strong and confident legal team, we were able to demonstrate the couple’s earnings as small business owners, and provided the necessary documents for evidence, as requested by the immigration office and won the case.