RFE for I-864

[SenA 10]

Hi VJ!

Long time, no see! We filed for AOS from my husband's K1 about a month ago, so I'll be back on here a lot more probably.

Today, we received an RFE for the Affidavit of Support (I-864) that we filed for his I-485, and I had a feeling it was coming... We have a bit of an unusual situation with the income. I am a full-time graduate student, and my stipend meets the 125% income requirement, but it is not a permanent position (my letters from my university very clearly state that I will receive my stipend ONLY for 10 months, and come this summer I will effectively be unemployed). I also have never made enough in previous years to sponsor my husband, and it shows on my tax returns. Therefore, we had my dad co-sponsor. My dad is retired, but his retirement income far exceeds the required income level for his household plus my husband. So, there's all our background!

Now, the RFE says that the petitioner/sponsor claims they make enough money on the I-864, but that the tax returns don't prove it. It asks for additional info to prove the income, such as a letter from the employer, etc. (the standard). What I am assuming happened is this: they saw my I-864, saw that I say I make $30,000 a year, and tossed my co-sponsor's I-864 aside. Then, they looked at my tax returns and my invoices/paystubs (I provided three, which was all I had at the time of filing) from my university and said, "wait a minute, this doesn't look good enough..." With my dad's I-864, we submitted three years of his tax returns, his brokerage statements (proving his retirement income), his year-end tax statements of his retirement accounts, and a letter from Social Security. So, I definitely provided all the proof that exists that my dad's income is sufficient.

Could anyone give any advice as to what they think I should do here? I mean, I don't have anything to prove that I can sponsor my husband alone, because I can't really, but that's why I provided a co-sponsor. Should I not have listed my income at all (I'm technically self-employed) on the I-864, because it looks like enough and only confuses things? I can't get a letter from my university saying I'm employed with them, because I'm not and they would only be able to provide a letter saying they give me a temporary stipend as part of a grant... Would that help? Or should I go a different route and send everything again, but include a detailed letter explaining our situation and why we have a co-sponsor, and direct them to his documentation? I'm really not sure here...

Any help at all would be appreciated! Thanks so much for all you've done for us so far, Visa Journey!

Edited January 13, 2014 by SenA

[KayDeeCee 4,893]

Send it back with a statement that explains your temporary income and that you are providing a joint sponsor to meet the sponsorship/income requirement. Re-send copies of your father's I-864 and supporting documents. Show 1099s for his retirement income and a few months worth of bank statements showing the amount he receives each month. If you did not provide proof of your father being a USC or LPR the 1st time around, then send that now as well.

Edited January 14, 2014 by Jay-Kay

[SenA 10]

Thank you! I sent all that the first time, but I will resend it with an explanation!