Request for Evidence (RFE) for I-864 (Affidavit of Support) - HELP!!

[Kristina&Baz 0]

So we received an RFE on Friday Sept 26 and I just got the letter in the mail today. Like I figured, they are asking for a resubmission of the I-864. I had submitted an I-864EZ with my 2012 tax filing (not enough to meet the 125% guideline) as well as a letter from my new employer stating how much I was making at the time of submission (well above the guideline). I did not include assets.

The RFE basically stated that because I did not make the income guideline requirement LAST year, I do not qualify to file the I-864EZ, and need to submit a regular I-864 with supporting evidence. I'm a bit miffed by this, as I was under the impression that a letter from my employer would have at least some weight, but it seems it doesn't. Wish I had known that before submission, as I would have included assets and submitted a regular I-864 from the start.

My main question is this: I was terminated from that job a week after the lockbox received the petition, and have another job now, but it pays less and I will need to use assets. If I submit my assets, it will definitely cover the 5x requirement (I'm just now learning that, as a USC sponsoring my spouse, I would only need to cover 3x the requirement, but since it's not stated in the I-864 instructions, I'm playing it super safe). It would be liquid (checking, savings) as well as investments (stocks). Even without the stocks I'm still 6k over. Does USCIS often approve of using assets? I'm assuming they do, since I've found a number of threads on this subject, but I'm always wary when it comes to how they decide on things.

Second question (with two parts): I'm now wondering if they are basing the 5x difference (or 3x, whichever) deficit on LAST YEAR'S income, or my CURRENT INCOME? Seems as if they don't give any consideration for current income, only last year's income (stupid, if you ask me). I made about $12k last year, so if they're only riding by that we're going to be in trouble if they require the 5x difference). My income is due to increase on September 1st, bringing my income up from ~$16k to $~21k. Should I wait until that becomes official to submit, or just go ahead and submit ASAP? No matter what, I'll be submitting assets, since the ~21k is too close for comfort for me regarding the $19,387 required for the poverty guideline for 2 people.

Thank you in advance for your advice. Sorry if I'm all over the place, I just don't want to submit unsatisfactory evidence and get a big fat rejection in return.

Also, as an aside, a joint sponsor is not an option for us, my friends and family do not have the means to joint sponsor.

[Morningmist 76]

I would think current income? My husband didn't make anywhere near the 125% last year because he got his job around October and it didn't add up to the 18K or 19K by the end of the tax year. But his current income is WAY above the 125% line. We didn't get any RFEs for the I-864 when we added his current income. Read the instructions page of the I-864. It has a seection about it.

http://www.uscis.gov/files/form/i-864instr.pdf

[Nich-Nick 3,354]

I'm a bit miffed by this, as I was under the impression that a letter from my employer would have at least some weight, but it seems it doesn't. Wish I had known that before submission, as I would have included assets and submitted a regular I-864 from the start.

No reason to be miffed at USCIS. The instructions say who can us the EZ version of the form. You did not qualify based on #3. The full amount was not shown on your W2 or several W2s if you had more than one job. You can't use assets with the EZ form either. It all is last years salary for the EZ.

From page 1 of the instructions:

You may use Form I-864EZ IF ALL the following conditions apply:

1. You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on the Form I-130 petition;

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

So do everything on the correct form (I-864) and you will be fine with current income as proven with an employer letter. You still need to include your tax return as a separate requirement, but they will review the employer info if you use the correct form.

You have a deadline on the RFE. If you don't respond by that date, they will deny you. Do you have until September when you get a raise?

Your question about 3x and 5x is answered by USCIS here way down the page http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

Edited August 2, 2013 by Nich-Nick

[Kristina&Baz 0]

Thank you so much for the reply, I'm now realizing the error I made regarding my I-864EZ submission. So basically, as long as I use the regular I-864, the letter from my current employer and supporting evidence of assets should be okay?

Also, thank you for the 3x vs. 5x information - never came across it in my travels before.

As for the deadline, it should be October 21, so almost two months after my pay increase goes into effect. Is it worth waiting for the increase to occur so that there's no deficit? Or should I just submit my current info - seeing as I'm a USC sponsoring a spouse, I have more than enough to fulfill the 3x difference. I feel safer submitting info stating that I'm making above the 125% guideline (with additional assets to back it up), but don't like to put off the whole process by a month (and put off the EAD and AP with it).

[Nich-Nick 3,354]

If you qualify, then get on with it. Anything could happen like lose your job. Clearly prove you assets. They tell you how in the instructions. Read them.

Edited August 2, 2013 by Nich-Nick