RFE for AOS

[Candy/SadanNasir 2]

I contacted NVC today by calling the automated number. After speaking with an operator I found out the following:

The DS-3032 that I sent in on March 16th was received on March 24 and is being 'processed/reviewed'

They received the AOS (affidavit of support) as well and said that an RFE is being sent out; we will receive an email soon.

They have updated our case/file today and will be sending out an email to us.

I asked what the RFE was in regards to and I received the following answer:

Three points, two I was told to disregard:

(1) that the DS-3032 has not been received

(2) that the IV fee has not been paid

(3) that I don't meet 125% of the poverty guideline and should obtain a co-sponsor

The first point is mute; I have received confirmation that the DS3032 has been received; the second is not relevant yet as I cannot pay the IV bill until the show the DS3032 as received and processed, which they have confirmed by phone only. The third point is my concern obviously.

On the I-864 my TI (total income) is 17,226.99; however, I have listed assets (liquid, with attached documentation) totaling 600.00 more than three times the difference between 125% of the poverty guideline for my state CA, and my TI. In short, I have shown that I have in fact met the financial requirements necessary as per the instructions for the form I-864!!!!!!!!!

I attached a very detailed cover letter and very organized packet including all supporting documentation and all required forms and documents.

I am at a loss as to why they are sending an RFE????????????

As per the i864, assets of the sponsoring spouse will be counted to overcome any difference as mentioned above.

(if there is anything I have left out, which you feel will help you to answer this question, please do let me know)

Please advise!!!!!

Should I

(1) wait until I receive the RFE and revisit this issue; or

(2) begin drafting a letter to the effect that I have met the financial requirements with my assets to over the difference as mentioned above. Is it possible that they made a mistake?

Peace!!

[RyannTanya 2]

what is your household size?

Edited March 29, 2010 by RyannTanya

[Candy/SadanNasir 2]

what is your household size?

Thank you for your reply

House hold size: 2 (my husband and myself)

No dependents

125% poverty guideline for CA: 18212.00

My TI: 17226.99

My assets: 3500 and change

Thank you for your time

Peace

[Bern. 3]

I believe I read something about...let me find it.

This is on page 9 of the I-1864 form.

29. Total Value of Assets

In order to qualify based on the value of your assets, the totalvalue of your assets must equal at least five times the difference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouseor minor child, the total value of your assets must only beequal to at least three times the difference. If the intendingimmigrant is an alien orphan who will be adopted in theUnited States after the alien orphan acquires permanentresidence, and who will, as a result, acquire citizenship undersection 320 of the Act, the total value of your assets need onlyequal the difference.

Edited March 30, 2010 by Bern.

[RyannTanya 2]

You might wanted to talk to a supervisor at NVC. It might help you to understand the reason for you getting a RFE when you have met the poverty line.

I have shown 10,000 dollars more than its required in liquid assets, but i still produced a co-sponsor for my AOS. If you pass NVC stage and go into the interview stage, visa officer will ultimately decide whether you are qualified to sponsor an immigrant based on your income + assets. It will help you tremendously if you can produce a co-sponsor at this level.

Edited March 30, 2010 by RyannTanya

[Bern. 3]

So basically, the 125% over the 2009 poverty line is $18,212. You need to make this amount in order to sponsor your spouse without a co-sponsor.

You have made $17,226.99. You are $985.01 off from making the poverty line. You need to have $2,955.30 in assets in order to meet the requirement.

This is on page 9 of the I-1864 form.

29. Total Value of Assets

In order to qualify based on the value of your assets, the totalvalue of your assets must equal at least five times the difference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only beequal to at least three times the difference. If the intendingimmigrant is an alien orphan who will be adopted in theUnited States after the alien orphan acquires permanentresidence, and who will, as a result, acquire citizenship undersection 320 of the Act, the total value of your assets need onlyequal the difference.

Hope this helps. =)

Edited March 30, 2010 by Bern.

[RyannTanya 2]

So basically, the 125% over the 2009 poverty line is $18,212. You need to make this amount in order to sponsor your spouse without a co-sponsor.

You have made $17,226.99. You are $985.01 off from making the poverty line. You need to have $2,955.30 in assets in order to meet the requirement.

This is on page 9 of the I-1864 form.

29. Total Value of Assets

In order to qualify based on the value of your assets, the totalvalue of your assets must equal at least five times the difference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only beequal to at least three times the difference. If the intendingimmigrant is an alien orphan who will be adopted in theUnited States after the alien orphan acquires permanentresidence, and who will, as a result, acquire citizenship undersection 320 of the Act, the total value of your assets need onlyequal the difference.

Hope this helps. =)

She already showed more than she was required show to meet the poverty line. she has shown beyond three times X assets ($3500 ).

Edited March 30, 2010 by RyannTanya

[Candy/SadanNasir 2]

So basically, the 125% over the 2009 poverty line is $18,212. You need to make this amount in order to sponsor your spouse without a co-sponsor.

You have made $17,226.99. You are $985.01 off from making the poverty line. You need to have $2,955.30 in assets in order to meet the requirement.

This is on page 9 of the I-1864 form.

29. Total Value of Assets

In order to qualify based on the value of your assets, the totalvalue of your assets must equal at least five times the difference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only beequal to at least three times the difference. If the intendingimmigrant is an alien orphan who will be adopted in theUnited States after the alien orphan acquires permanentresidence, and who will, as a result, acquire citizenship undersection 320 of the Act, the total value of your assets need onlyequal the difference.

Hope this helps. =)

Thank you for your reply!

My husband and I are aware of this information; for this reason we are confused as to why we would receive an RFE regarding income requirements.

[On the I-864 my TI (total income) is 17,226.99; however, I have listed assets (liquid, with attached documentation) totaling 600.00 more than three times the difference between 125% of the poverty guideline for my state CA, and my TI.]

[Candy/SadanNasir 2]

You might wanted to talk to a supervisor at NVC. It might help you to understand the reason for you getting a RFE when you have met the poverty line.

I have shown 10,000 dollars more than its required in liquid assets, but i still produced a co-sponsor for my AOS. If you pass NVC stage and go into the interview stage, visa officer will ultimately decide whether you are qualified to sponsor an immigrant based on your income + assets. It will help you tremendously if you can produce a co-sponsor at this level.

Thank you for your reply. I know this is the reality at this point. It is just something we will have to do. I just dread - we both do in fact, asking someone to co-sponsor. I don't have any family and my husband's family and friends don't even know I exist let alone that we are married (a separate - not 'public forum appropriate,' subject). I suppose we will have to swallow our pride and ask one of the close friends we have to sponsor. Just a very hard thing to think about doing.

I do value all of your feed back!

Peace,

Candy Marie

Edited March 30, 2010 by candicemarienasir

[Candy/SadanNasir 2]

So basically, the 125% over the 2009 poverty line is $18,212. You need to make this amount in order to sponsor your spouse without a co-sponsor.

You have made $17,226.99. You are $985.01 off from making the poverty line. You need to have $2,955.30 in assets in order to meet the requirement.

This is on page 9 of the I-1864 form.

29. Total Value of Assets

In order to qualify based on the value of your assets, the totalvalue of your assets must equal at least five times the difference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only beequal to at least three times the difference. If the intendingimmigrant is an alien orphan who will be adopted in theUnited States after the alien orphan acquires permanentresidence, and who will, as a result, acquire citizenship undersection 320 of the Act, the total value of your assets need onlyequal the difference.

Hope this helps. =)

Congratulations on your approval btw

[Bern. 3]

Thank you dear.

I hope you find out what's wrong with your AOS. NVC always did annoy me.

[atsleumas 3]

I guess we could argue the point to death, but if I were you, I'd line up a co-sponsor. Might be a blessing in disguise this RFE, as if they didnt RFE now, they might blue slip you at the interview. Rumors are they are quick to blue slip any questionable support issue. Save trouble and time and get a co-sponsor I say!