Can my I-864 be denied without having a RFE sent to me?

[sdchargers 0]

Hi ,

I am a US citizen. My wife filed an AOS package.

I filled out an I-864 form and we didn't include any joint sponsors. I make 24000 Dollars/yr which is more than 125% of poverty guidelines.

I started that job last April and was a full-time student before that so I never had to file tax returns.

I filled out the I864, included a verification of employment letter and my last 6 pay stubs as well as a letter explaining why I wasn't required to file tax returns.

I sent everything off to the lockbox.

In the meantime, my aunt filled out an I864 as a joint sponsor and gave me a copy of her latest tax return and W2, just in case.

I am worried that USCIS denies the application based on the I864 without even sending a RFE. Could that happen based on my case?

Thanks a lot!

[trillium13 84]

As far as your current income I would think you wouldn't have a problem. That was about the number I put down on our I864 and we had no issues. I had only had my current job for a couple of months but I was employed and paid taxes for many years before that.

Not sure about your situation with not having paid taxes, but if they don't think you have enough they will just send you an RFE essentially asking for a joint sponsor. Seems like you already have that covered if you need it.

[JimVaPhuong 4,863]

I am worried that USCIS denies the application based on the I864 without even sending a RFE. Could that happen based on my case?

Could it happen? Yes. Would it happen? Very unlikely. The Adjudicator's Field Manual says that the IO is supposed to issue an RFE when it appears that a disqualifying factor can be corrected with a request for further evidence or documentation. They are only supposed to deny outright when an applicant is clearly not eligible, and the ineligibility cannot be corrected with additional evidence. For example, if the I-130 were denied...