Conflicting RFE

[Nir12 1]

I got a very confusing two page 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.We submitted his last year IRS tax transcript 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 like employer letter and paystubs.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.

So we got this RFE because we didn't submit employment letter ,paystubs,bank statement of 12 months to show direct deposit of VA disability compensation or the USCIS doesn't accpet VA disability as form of income ?

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

[VanessaTony 3,567]

1. says his income doesn't appear to make the 125% and asks you to show proof his income IS above 125% and lists options to prove it

2. says that if he can't prove the INCOME he can use assets to make up the difference and then lists options for those

and finally 3. Says if neither bits of info can be presented, obtain a joint sponsor.

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In regards to 1. Was his tax return showing his income at that $16K level? Or was it lower? I would include an employer letter to be safe.

Read the assets section of the I-864 and see whether he has anything that fits the criteria.

3. are you SURE this isn't an option?

[GC2010 7]

I got a very confusing two page 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.We submitted his last year IRS tax transcript 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 like employer letter and paystubs.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.

So we got this RFE because we didn't submit employment letter ,paystubs,bank statement of 12 months to show direct deposit of VA disability compensation or the USCIS doesn't accpet VA disability as form of income ?

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

it means he doesnt reach the 125% of poverty guideline .. so i well suggest to you to get a co sponsor ...

[Nir12 1]

Thanks a lot Vanessa&Tony and GC2010. This is the thing that is confusing us.On his 2009 Tax returns his gross income was $16,206 and we sent them 2009 IRS transcript and also he gets $541 each month in his VA disability(which is non taxable) ,which amounts to around $6500 so the total would be $22,700.

On the federal income tax column for latest 3 years his income was $16,206,$16,000,$15,500.Did they only see the amount on the federal income tax and may be lost the letter stating VA disability compensation.?

Because technically,even if his taxable income is $16,206 his total is $22,700 which is more than $18,212.

We don't have a joint sponsor.All we can do is go back to his mom's house and make her our household sponsor but are not sure how long we'd have to live with her for her to become our co-sponsor (we have 79 days left to respond)

Do we have a chance if we send his employment letter(that he got yesterday),pay stubs and last 12 months bank statements to show direct deposit of VA disability compensation ? Would they deny our application if they wouldn't find the evidence sufficient or would they RFE us one more time ?

We don't have money for a lawyer and this is really very confusing and frustrating...Please help ...Thanks a lot in advance...

[Nir12 1]

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