Form I-864

[ivana.corsale 1]

Hello,

Today we received an RFE letter regarding my AOS application. The RFE was in regard to the form I-864 Affidavit of Support. The letter said that the income did not meet 125% of the federal poverty line. My husband is the sponsor and his income for this year is definitely well beyond the poverty line. He's self-employed and his previous tax returns show less than 125%. Our assumption was that they base the affidavit off of this year's Total Household Income (question 24.c on form I-864).

Do they base their decision off of previous tax returns or question 24.c? If it is previous tax returns, would we need to find a joint sponsor? If it's only based on question 24.c what other evidence do we need to provide? We already included my husband's pay stubs for this year. We have scheduled an infopass appointment for next Monday. Hoping that they can provide any answer.

[ceadsearc 516]

Current income is what matters. However, they may not have felt they had adequate proof of his current income. I know you already included recent pay stubs, how many did you include? Did you also include a letter of employment stating his salary? How long has he been working at the job?

[ivana.corsale 1]

Current income is what matters. However, they may not have felt they had adequate proof of his current income. I know you already included recent pay stubs, how many did you include? Did you also include a letter of employment stating his salary? How long has he been working at the job?

Hi ceadsearc,

We included about 20 pay stubs. He's self-employed so he doesn't have an employer.

[NancyNguyen 1,658]

Hi ceadsearc,

We included about 20 pay stubs. He's self-employed so he doesn't have an employer.

How can he have pay tubs when he doesn't have employer? He pays himself?

[ivana.corsale 1]

How can he have pay tubs when he doesn't have employer? He pays himself?

He's a photographer so he is paid by clients who hire him for work.

[NancyNguyen 1,658]

He's a photographer so he is paid by clients who hire him for work.

You mean invoices or receipts. I guess they RFE because there is chance for these invoice to be fake or difficult to verify...

[ivana.corsale 1]

You mean invoices or receipts. I guess they RFE because there is chance for these invoice to be fake or difficult to verify...

We sent receipts of paychecks (I guess they are considered pay stubs) that he receives from clients who hire him for photo work...they do look as very legitimate stubs as the clients are newspapers, magazines and corporate clients. I hope the infopass can help us figure out what we need to do...