I-485 RFE - Affidavit of Support, Joint Sponsor

[Dip694 7]

I mailed my packaged in October. My wife (petitioner) & I filled the I-130, I-485, I-765, I-864, G-325A (both of us), and G-1145 all together at the same time. I have already gotten my fingerprints and today I received the first RFE with regard to affidavit of support. When we submitted our packet being that she does not make enough income I included my income (making $50K+) last year. In addition, I had included my tax for the last 3 years in addition to a letter of employment. I was under the H1B visa which ended end of October. That being said I received an RFE stating that the income did not meet 125% of the federal poverty line. I am guessing it is because my visa ended end of October and right now I am not working (on hold) until I get my H1B to continue working for the same company. However, I am guessing the USCIS will not take my income into consideration for that reason.

Being said, I am going to get a joint sponsor but have question with that:

1. Her stepdad is a surgeon and for sure would qualify (income wise) however, he sometimes is iffy about sharing the financial details. But he would qualify assuming he filed a form and submit the paper, correct?
2. Could I have one of my friend from college sponsor me? (or does he have to be family related to my wife?)
3. One of my friend from college makes $35K working for a non-profit, would he qualify?
4. Would I have to repay for any fees to re-submit the form?

I look forward to your help. I sure appreciate it.

[Franciscus 32]

I mailed my packaged in October. My wife (petitioner) & I filled the I-130, I-485, I-765, I-864, G-325A (both of us), and G-1145 all together at the same time. I have already gotten my fingerprints and today I received the first RFE with regard to affidavit of support. When we submitted our packet being that she does not make enough income I included my income (making $50K+) last year. In addition, I had included my tax for the last 3 years in addition to a letter of employment. I was under the H1B visa which ended end of October. That being said I received an RFE stating that the income did not meet 125% of the federal poverty line. I am guessing it is because my visa ended end of October and right now I am not working (on hold) until I get my H1B to continue working for the same company. However, I am guessing the USCIS will not take my income into consideration for that reason.

Being said, I am going to get a joint sponsor but have question with that:

1. Her stepdad is a surgeon and for sure would qualify (income wise) however, he sometimes is iffy about sharing the financial details. But he would qualify assuming he filed a form and submit the paper, correct?
2. Could I have one of my friend from college sponsor me? (or does he have to be family related to my wife?)
3. One of my friend from college makes $35K working for a non-profit, would he qualify?
4. Would I have to repay for any fees to re-submit the form?

I look forward to your help. I sure appreciate it.

1) Yes, but he also hast to show at least one year of tax returns + their associated forms (W2's, 1099, schedules, etc). So if you were to send the RFE back, you would need to see this info. As an alternative, you could fill everything related to the RFE except the "current income" and "2012 income" parts, and you ask him to fill that and send all the stuff for you. That would seem risky to me (I would not like anyone else sending this very important thing).

2) Yes, you can, he does not need to be related.

3) He would qualify if 35K is higher than X, with X = you + him + all the other members of his household. So if he has a wife and a son, you need that 35K is over 125% the poverty line for 4 people.

4) My guess is you would not have to pay for any fees, but I'm not completely sure (since technically you are not re-submitting the form, what you are doing is submitting a new form, you did not have a joint sponsor before and you have one now). My guess is that you will not have to pay anything, I would be very surprised if it is not the case.

[Franciscus 32]

1) Yes, but he also hast to show at least one year of tax returns + their associated forms (W2's, 1099, schedules, etc). So if you were to send the RFE back, you would need to see this info. As an alternative, you could fill everything related to the RFE except the "current income" and "2012 income" parts, and you ask him to fill that and send all the stuff for you. That would seem risky to me (I would not like anyone else sending this very important thing).

2) Yes, you can, he does not need to be related.

3) He would qualify if 35K is higher than X, with X = you + him + all the other members of his household. So if he has a wife and a son, you need that 35K is over 125% the poverty line for 4 people.

4) My guess is you would not have to pay for any fees, but I'm not completely sure (since technically you are not re-submitting the form, what you are doing is submitting a new form, you did not have a joint sponsor before and you have one now). My guess is that you will not have to pay anything, I would be very surprised if it is not the case.

Oh, and just to be clear (about 1): YOU need to respond to the RFE, even if the RFE involves putting other people as joint sponsor. So YOU are in charge of answering the RFE with a cover letter, and including the new 864, and the tax info (and probably paystubs, or letter from employer) for the joint sponsor. If the joint sponsor sends it, he would be sending it "for you", that is, as if you were the one that sent it.

[Dip694 7]

Thanks for your reply. So if I understand you correctly. My non-profit friend making $35K a year would be able to sponsor me. He is single living in Utah. Then there is me and my wife here living in St. Louis (no children or anyone else). So that would be a household of 3, correct? Based on the poverty guideline for a household of 3, the minimum would be $24,412, so that would qualify, correct?

Could he fill the form along with other info and FedEx it to me and then I compile it with a cover letter to send in?

[Franciscus 32]

Thanks for your reply. So if I understand you correctly. My non-profit friend making $35K a year would be able to sponsor me. He is single living in Utah. Then there is me and my wife here living in St. Louis (no children or anyone else). So that would be a household of 3, correct? Based on the poverty guideline for a household of 3, the minimum would be $24,412, so that would qualify, correct?

Could he fill the form along with other info and FedEx it to me and then I compile it with a cover letter to send in?

1) The "household" (in terms of the 864) is 2: you and your friend. Your wife does not go in those calculations. So, yes, he definitely qualifies.

2) Yes. Read carefully what he has to send to you. In a nutshell, at the very least a full tax return for 2012 (that is, the tax form + all the forms that go with it -w2, etc-), but also it would be important to get his last pay stubs and/or a letter of his employer. For people that are not sure about what they sent for their taxes, it is easier to request a tax transcript from IRS, and you can send directly that.

[Dip694 7]

Is it OK that my friend and I are not in the same state or living in the same house?

Secondly, the tax IRS transcript would be sufficient for the IRS?

[Franciscus 32]

Is it OK that my friend and I are not in the same state or living in the same house?

Secondly, the tax IRS transcript would be sufficient for the IRS?

1) Yes, no problem

2) If by "for the IRS" you mean "for USCIS", yes, it is sufficient in terms of the tax requirements (and you need to add pay stubs and/or employer letter)

[Dip694 7]

Being that my wife is considered the petitioner based on the I-130, would my friend become a co-sponsor or the actual sponsor. Sorry if my questions are somewhat the same, but I guess I am somewhat confused.

[Franciscus 32]

Being that my wife is considered the petitioner based on the I-130, would my friend become a co-sponsor or the actual sponsor. Sorry if my questions are somewhat the same, but I guess I am somewhat confused.

Your wife is the main sponsor (even if she has 0 income and 0 assets), and your friend is the only joint sponsor, not co-sponsor.

[Dip694 7]

Awesome. As such he should just submit the I-864 for himself as a joint sponsor. When he does fill the form out he would include me in the I-864, correct?

Reason I ask is I was already listed in the previous I-864.

Would my friend therefore be considered the only joint sponsor? or would my wife be considered as well?

I would not include my wife on his form as the intended household and just include me and his folks, correct?

[Franciscus 32]

Awesome. As such he should just submit the I-864 for himself as a joint sponsor. When he does fill the form out he would include me in the I-864, correct?

Reason I ask is I was already listed in the previous I-864.

Would my friend therefore be considered the only joint sponsor? or would my wife be considered as well?

I would not include my wife on his form as the intended household and just include me and his folks, correct?

Can't help but noticing you are asking questions that are already in my previous answers...

Anyway...

1) Yes, he would include you. He is sponsoring you.

2) Yes, he is the only joint sponsor. Your wife is the main sponsor.

3) Yes, only you and him as the household (since you told me he has no wife or kids)