RFE#2 for AOS Joint Sponsor - Repost

[anson-noyna 0]

Hi,

I am reposting this despite getting much valued information from other members here, I am still confused. I want to be clear and precise about everything here and start from the beginning. The deadline for my RFE on joint sponsor is coming soon and it specifically states "this will be your final notice"

Me and my fiancee started the K-1 process over a year ago. She got her visa and I went to Thailand to bring her back to the US on May of 2013. She was pregnant and this was disclosed on her medical exam and other papers. We got married within 90 days of coming to US. When filing for AOS, she did not give birth yet so our household size was still 2. What I reported on my affidavit of support was about $18,500 which got her her visa prior to coming to the US. When filing for AOS I reported the same amount and same household size and I get an RFE stating I am below the 125% poverty level (currently it is $19,387). So I got a joint sponsor (my mom) who wants to use bank account for the requirement. We sent in what the first RFE asked for............bank statements for the past 12 months and current balance.....currently $68000.But she also listed on her form I-864 current income of $22,000. So i get back RFE#2 asking for documentation for current income. I have a sworn statement saying she is exempt from filing taxes because this is retirement income. I'm also attaching a form 1099 for 2012 (which is what they asked for), but it only shows $11,000 in retirement income.......the other $11,000 is my Fathers retirement income but I didn't want to complicate matters by having more than one joint sponsor.

I read from another website that all USCIS looks is the 125% of poverty level of the joint sponsor. It does not matter if mines was only $1000 short, for you cannot combine incomes. Well throuhgout all this waiting, my son was born, but not when I subnitted orgininal paperwork. So household size is now 3 and I believe the 125% rule is $24,412. Other websites say the joint sponsor must have assets 5x the diffference of the shortfall, which my mom does have, but now if i send in RFE#2 with only $11,000 in income I think there will be a problem becuase I've read the joint sponsor has to provide 100% of the income amount.

This is very confusing, so many forms and papers I'm lost right now. What do these people want? I'm married and have a baby now. My wife's been here since May 2013 and were doing just fine. The bank statements didn't seem to help and I think the 1099 will just raise another red flag because my mom said her annual income is $22,0000 and and were only showing $11,000.......and remember its say "this is last notice". What I make isn't even in the picture anymore. To add more joint sponsors or to say household size has changed will screw everything up. i've been honest with them all along and don't know what to do.

Thanks in advance for your advice

[aleful 1,905]

hi

then she lied? because she alone doesn't make 22K right, only 11? then why lie? she doesn't qualify on retirement alone anyway she wasn't honest then, that's a problem

she's married and she will be your wife's joint sponsor, so she alone as you, has to make over 24K for 3 people, she has to be able to cover herself, her husband and your wife. she can show proof by asking social security for a letter stating how much she receives for retirement

she needed to prove that she alone makes over 24K, which clearly she doesn't

and not even if she filed the i864 and your dad filed the i864A as her co sponsor, they don't qualify because between the 2 they have to make over 24k

what she should have done is provide proof of and declare the 11k plus her assets. and proof of letter from social security stating how much she receives monthly

you can try to rectify but I don't know if they'll accept it

[baron555 934]

Why not get another cosponsor that has annual income.