RFE I-864 HELP please

[Ana Aguilar 0]

I received a RFE from the USCIS saying that the joint sponsor didn't meet the requirements of the income.

Our joint sponsor, USC mom, makes 43 000 a year for a household of 5 including me. So it is more than enough. They wrote 10,167 on the letter and they said the joint sponsor should provide proof of assets or we should get another joint-sponsor. Why is this?

I wonder if it was because the joint sponsor didn't send the complete tax return. But in the papers we send it shows how much she makes. We also didn't send proof of name change of the joint-sponsor. We sent certificate of naturalization but she got married when she got here and changed her name, so the name in the I-864 is different from the one in the certificate of anturalization. Also, even though the joint-sponsor lives with us, she filled a I-864 because the household size for the USC would be different since he is not working and his parents are not his dependents nor his sister, so in the USC form (my husband) the household total was 2 (me and him) and in the joint-sponsors form it says 5. I think this is not related to the RFE, but I'm giving you all the details so you could help me better hopefully.

I called USCIS and the lady said that I should print Form I-864P and highlight the proverty guidelines for a household of 5 because it might have been a USCIS mistake. I said that maybe I should send the tax transcript too and she agreed.

I will send the I-864P highlighted, joint-sponsors certificate of naturalization of again, marriage certificate to prove name change and driver's license, complete tax transcript and last W-2 again. We'll try to include the joint-sponsors 2 cars as assets too. Do you think all of this will be enough or there's something missing?

Thank you very much

Edited April 20, 2012 by Ana Aguilar

[jdh 103]

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...

[Ana Aguilar 0]

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...

Is a Tax Transcript from the IRS and the W-2 for 2011 enough proof of the joint-sponsors income?

[Harpa Timsah 13,258]

It sounds like you not only failed to include a complete tax return, but also proof of current employment. A tax transcript and a letter from the co-sponsor's employer will remedy this (if it is indeed the problem, the exact wording of the RFE is not here). Proof of current employment will show that the co-sponsor currently has a qualifying job. A car can be used as an asset, but not the primary car of the family, only extraneous vehicles. To give up your only car is considered a hardship and therefore using its value as a promise you can sell it off for cash is not acceptable.

Edited April 20, 2012 by Harpa Timsah

[Ana Aguilar 0]

It sounds like you not only failed to include a complete tax return, but also proof of current employment. A tax transcript and a letter from the co-sponsor's employer will remedy this (if it is indeed the problem, the exact wording of the RFE is not here). Proof of current employment will show that the co-sponsor currently has a qualifying job. A car can be used as an asset, but not the primary car of the family, only extraneous vehicles. To give up your only car is considered a hardship and therefore using its value as a promise you can sell it off for cash is not acceptable.

The letter says that the income didnt meet the requirements. So I should provide documents showing other assets or choose another joint sponsor. And if we chose another joint-sponsor we should send all the requirements forms and documents. They wrote with a pen on the letter "10,000" <---- Im guessing this is the value left to meet the requirements. This is all.

The current joint sponsor makes more than enough for a household of 5 so it does not make sense, so that is why the lady from the USCIS costumer service said it could have been a mistake. But I think that not showing the complete tax return was the problem. It still doesnt make sense because if that was the case they wouldnt write 10,000. I dont understand. I am thinking of sending all the documents I mentioned and a letter from the joint sponsors employer.

[Harpa Timsah 13,258]

The fact that it says it doesn't qualify is a boilerplate message. There should be another message before that detailing what exactly is wrong. You said you did not send a complete tax return, so at the least the letter should reference that fact.

The letters usually go like this (in brief form):

The co-sponsor is required to submit complete tax returns for YEARS.

The co-sponsor does not qualify based on income.

The second message is a consequence of the first; in other words, in this example, the tax returns were not good, so therefore, the sponsor does not qualify.

[Ana Aguilar 0]

The fact that it says it doesn't qualify is a boilerplate message. There should be another message before that detailing what exactly is wrong. You said you did not send a complete tax return, so at the least the letter should reference that fact.

The letters usually go like this (in brief form):

The co-sponsor is required to submit complete tax returns for YEARS.

The co-sponsor does not qualify based on income.

The second message is a consequence of the first; in other words, in this example, the tax returns were not good, so therefore, the sponsor does not qualify.

ok here it is

$ 10,167

"Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the federal proverty line ofr the joint sponsor household size.

Submit Evidence of assets that meet the standards listed below or obtain a different joint-sponsor."

[donical 0]

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...

I think you can only use a car as an asset if the sponsor has more than one in his/her name. its in in instructions you should read it over to make sure what you can use.

[aaron2020 11,651]

Are you sure the Joint Sponsor has a household count of 5? Has she filed an I-864 for any LPRs?

[Ana Aguilar 0]

The joint-sponsor has sponsored one person before, 10 years ago. Even if it counts as a household of 6, 43 000 as income is still enough. Am I right?

I think that the problem was that the tax return was not complete so based on the documents provided they couldn't prove how much money she makes.

[ceadsearc 516]

The joint-sponsor has sponsored one person before, 10 years ago. Even if it counts as a household of 6, 43 000 as income is still enough. Am I right?

I think that the problem was that the tax return was not complete so based on the documents provided they couldn't prove how much money she makes.

It is. Make sure you determine if that affidavit is still in effect though because if you aren't counting that extra person (even if the income is sufficient) that could be part of the problem. But yes, an incomplete tax return is definitely a problem. Request a tax transcript to include instead.