Help needed for understanding the RFE .....

[Nir12 1]

I got a two pages RFE for I-864 .My husband makes 16k gross a year in salary and gets 6k a year in his VA service connected disability.I have talked to many people and they said that the USCIS accepted their VA disability compensation ,then why they aren't accepting ours .We submitted his last year IRS tax transcripts and the letter from the VA stating that he gets 6k a year which makes the total 22k but we didn't submit any proof of the current income.The two paged RFE is worded as follows

1. The petitioner/sponsor's income on the federal income tax doesn't meet or exceed 125% of the poverty guideline.The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient:however,no evidence has been submitted as proof of current income.Please submit evidence of the petitioner/sponsor's current income. Such evidence should include:

Letter of employment containing the following:

Dates of employment

Nature of the job

Wages or salary earned

Number of hours per week worked

Prospects for future employment and advancement

Pay stubs or other documentation of pay for the previous 6 months

2.Based on the documents submitted with form I-864 affidavit of Support,for the petitioner/sponsor.the income did not meet 125% of the federal poverty line for the petitioner/sponsor household size. Submit evidence of assets that meet the federal poverty line or obtain a joint sponsor. Such evidence of assets should include

Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance.

Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired.

Evidence of ownership and value/equity of other personal property and dates acquired.

Evidence of ownership and equity of any real estate and dates acquired.

A joint sponsor will need to file another Form I-864 .provide copies of the most recent Federal Income tax returns, and evidence of their status as a United States citizen or Lawful Permanent Resident.

Please help as we don't know what to do .All the replies are highly appreciated .......

[Robert B 1]

What does the tax transcript say that his gross is?

I have seen a lot of stories where the USCIS sends these RFEs for no good apparent reason. Maybe what I would do is to send it back with the 12 months of bank statements, another tax transcript, and that letter. You also said you didn't submit proof of the current income, do you mean the W2?

[JimVaPhuong 4,863]

I don't know much about how VA disability payments are made, but doesn't he receive any statements or an annual summary of payments from the VA? I would think that a letter alone would not be sufficient proof that he's actually receiving the money.

[Nir12 1]

Thanks for replying Robert and Jim.I really appreciate it.Yeah we didn't submit his W-2s as we submitted IRS transcript.He gets the VA disability compensation directly in his account and VA doesn't provide any documentation of the total payment,but we did submit a letter from the VA stating that he gets 541 every month for his service connected disability.What should we do ?

[Nir12 1]

What does the tax transcript say that his gross is?

I have seen a lot of stories where the USCIS sends these RFEs for no good apparent reason. Maybe what I would do is to send it back with the 12 months of bank statements, another tax transcript, and that letter. You also said you didn't submit proof of the current income, do you mean the W2?

On the transcript his gross is $16.096 which is below $18,212 but we did submit a letter from the VA too stating he gets $541 each month.

[JimVaPhuong 4,863]

On the transcript his gross is $16.096 which is below $18,212 but we did submit a letter from the VA too stating he gets $541 each month.

Bank statements would help substantiate the deposits. What USCIS is looking for is confirmation that he's actually receiving the money.

[obnancy 5]

Hi,

You may want to double check that his income of 16K is his adjusted gross income. They specifically ask for the adjusted gross income, not the gross income. I am not sure how VA payments work and if they would affect this number. With the packet, they also wanted a current employment letter or copy of recent paystubs. If you didn't include this, that may be what they want.

Good luck!

[Nir12 1]

Bank statements would help substantiate the deposits. What USCIS is looking for is confirmation that he's actually receiving the money.

Thanks again Jim.Yeah we will submit bank statements and employment letter this time .

[Nir12 1]

Hi,

You may want to double check that his income of 16K is his adjusted gross income. They specifically ask for the adjusted gross income, not the gross income. I am not sure how VA payments work and if they would affect this number. With the packet, they also wanted a current employment letter or copy of recent paystubs. If you didn't include this, that may be what they want.

Good luck!

Thanks Obnancy.Yeah, we will include recent pay stubs too this time.Hopefully it would work .

[Nir12 1]

Anymore feedback folks......Anyone whose service connected VA disability compensation was accepted and what documentation was submitted ?

[Nir12 1]

We're waiting for more replies folks.Please someone whose VA disability compensation was accepted and what documents did they send ? We have 80 days left to respond to our RFE and we still don't know what to do.Just send his employment letter ,pay stubs and bank statements of last 12 months to show direct deposit of VA Disability compensation or start looking for a co-sponsor ?

Our lease is going to be over in August and his mom also lives in the same city,could we go to his mom's house and start living with her so that she could sponsor as a household sponsor.In order to be eligible for a household sponsor how long we have to be living with them ? She can't be a joint sponsor as her income is below $18,212...

I was just wondering if we send insufficient evidence the 2nd time will they flat out deny our claim or is it possible we will get a NOID (Notice of Intent to Deny) which would give a chance to just get a co-sponsor ?