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Posted

Hey guys, I'm petitioning for my husband who came to US on F1 visa. I submitted all the forms and evidence at the beginning of October, and we recently received a RFE for I-864 stating we did not meet the 125% poverty guideline.

When we filled out the I-864, our income was $2,000 above the 125% guideline for a household of 5. I'm assuming it is just right above the guideline, so maybe they need more assurance? We are planning to submit a bank statement stating we have $50,000 in the bank account. Is this going to be sufficient?

Also, when we mail back the evidence that they requested, do we need to fill out the I-864 form again or can we simply mail back the RFE letter with the evidence?

Posted

It would be better if you post some more details, how much money did you stated the first time? What exactly does the RFE letter say?

We put down approximately $34,000 for a household of 5, and the RFE letter said:

"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% of the federal poverty line."

Posted

You need to show (3X) the difference in cash assets between what you reported and what is required. The bank statement and/or letter from employer stating exact income should be sufficient (assuming you filed copies of tax returns etc already)

 

i don't get it.

Posted

You need to show (3X) the difference in cash assets between what you reported and what is required. The bank statement and/or letter from employer stating exact income should be sufficient (assuming you filed copies of tax returns etc already)

The thing is the income we reported is actually above the poverty line, so we were dumbfounded when we received the RFE. My husband called the 800 number and was told maybe we are just right above the poverty line. Our asset is about $50,000 and we sure hope that is enough. We are not sure if we need to fill out the I-864 again but this time with the assets included.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The thing is the income we reported is actually above the poverty line, so we were dumbfounded when we received the RFE. My husband called the 800 number and was told maybe we are just right above the poverty line. Our asset is about $50,000 and we sure hope that is enough. We are not sure if we need to fill out the I-864 again but this time with the assets included.

What does the income consist of? Weekly salary? Hourly wage?

You need to show how long you've held the $50k. If you recently deposited it, they will want to know where it came from.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The income is our saving and it's been in the bank for more than a year.

Your only income is the interest from your savings? That would be substantially less then the required amount. Does anyone earn a salary or hourly wage income?

Document the ownership of the $50K with banks statements covering at least the past 12 months. This amount will be factored at a 3:1 ratio, meaning that it would represent $16,666 of the income requirement.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Your only income is the interest from your savings? That would be substantially less then the required amount. Does anyone earn a salary or hourly wage income?

Document the ownership of the $50K with banks statements covering at least the past 12 months. This amount will be factored at a 3:1 ratio, meaning that it would represent $16,666 of the income requirement.

The household income that we put down on the I-864 consists of my husband's bi-weekly salaries, and it is $34,000 for a household of 5. The poverty line says 125% is about $32,712 and our income is just above that by $2,000. We received a RFE stating we did not meet the 125%, so we are planning to submit our bank statements as evidence.

Since the $50,000 is going to be divided by 3, we aren't sure if that will be sufficient in addition to our household income. ($34,000 + $16,666 for a household of 5)

I know we need to submit the evidence along with the RFE letter, but I dont know if we need to fill out the Form I-864 again including the assets.

 
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