RFE!!! I-864 NEED HELP ASAP!!!

[duitta2g15 26]

I filed my AOS which included I-130, I-765, I-485 and I got an RFE for the I-864 asking to prove current income. My wife made $16/hr and received $330 monthly for child support for the first I-864 we sent. we sent her w-2 and her recent federal tax recent copy and with child support documents showing monthly payment. However, we didn't include employer letter and pay stubs. We were told by USCIS that we needed to prove her current income. As I write,my wife no longer work at her old job because she just got a new job where she makes 15.50 an hour. Our family size is 5 including me. There is no way we can get a letter of employer from her old job because she doesn't work there anymore. Do we need to fill out a need affidavit and resubmit it? Do we also need a joint sponsor if she makes 15.50 plus a monthly child support of 330 for the family size of 5? will a letter from her new employer stating number of hours work and amount pay per hour be sufficient to prove current income? We don't even have a month of pay stubs to send because the job is new. Any Advise will be highly appreciated!!!!

[corvusheart 163]

Do you know how much you make yearly? I make $15.26 an hour and gross $30,000 a year and I am doing a household of two (my fiance and myself). But my guideline is only $19,600 (somewhere around there). At the rate you are making you will be earning a bit more than me annually. Remember it goes off of gross pay. For a family of five the guideline is you must make: $34,887. I hope that clears things up for you. Here is a link to the Poverty Guidelines of 2014: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[duitta2g15 26]

How did you come out with that annual incomet? I thought it should be 15.26*2080 if you work full time which is 8 hours per week. I am confused on how the annual income is calculated. I did it this way 15.50*2080 which equals 32,240 plus child support of 3,960 per year and the total annual income is 36,200. I don't know whether I am right or wrong in my calculations.

[aussie_jason 195]

32,240 is correct if your wife works 40 hours a week for 52 weeks of the year, it isn't usually that clear cut though. She will need to provide proof of her current annual (not just hourly) income and I would suggest including the pay slips from the previous position as well.

I would recommend lining up a potential joint sponsor though as you are cutting it pretty fine.

[duitta2g15 26]

Thanks for tips Jason!!! Why will she need pay slips from her former employer when she no longer works there? In proofing current income, the evidence should be from the current job you have right? I am also considering getting a joint sponsor!!! Will a letter from her new employer stating number of hours work per week and amount pay per hour be sufficient to proof current income. Will including at least three pay stubs be okay since the job is new? USCIS requested six months of pay stubs but she no longer worked at her old job and doesn't have access to log in and get her pay stubs printed out from the system.

[datta.aj 1]

Thanks for tips Jason!!! Why will she need pay slips from her former employer when she no longer works there? In proofing current income, the evidence should be from the current job you have right? I am also considering getting a joint sponsor!!! Will a letter from her new employer stating number of hours work per week and amount pay per hour be sufficient to proof current income. Will including at least three pay stubs be okay since the job is new? USCIS requested six months of pay stubs but she no longer worked at her old job and doesn't have access to log in and get her pay stubs printed out from the system.

Hi,

When I applied for my I-130, I-485 and I-765, my wife had just worked for a month. We provided a letter from the employer stating her position, her annual salary, the date she joined, if the job is a full time or part time. The letter was on the company letterhead. We also provided the offer letter that she got. And we gave 2 pay stubs because that's all we had in a month. We also provided a cover letter explaining the situation.

Fingers crossed, we still have not received any RFE's. So you can definitely provide a letter from your wife's new job along with 2-3 pay stubs and the child support payment and hopefully that will work out. If you have a joint sponsor maybe add that as well to be on the safer side. Hope this helps. Best of Luck...

I just noticed that we are in the same city....This is the first time I have come across an applicant from Denver.

Edited April 15, 2014 by datta.aj

[duitta2g15 26]

☺☺☺ thanks for the reply my Denver colleague!!! I will definitely do as you suggest!!! I wil alsol look into the possibility of getting a join sponsor as well

[KayDeeCee 4,893]

How did you come out with that annual incomet? I thought it should be 15.26*2080 if you work full time which is 8 hours per week. I am confused on how the annual income is calculated. I did it this way 15.50*2080 which equals 32,240 plus child support of 3,960 per year and the total annual income is 36,200. I don't know whether I am right or wrong in my calculations.

Your calculations are correct. Provide a letter from employer and most recent pay stubs to prove current annual income amount. Provide copy of court order for child support and a few bank statements to show the actual child support amount that is deposited each month. $34,887 is what you need for a household of 5, so $36,200 meets the requirement.

The instructions state the employment letter and pay stubs are optional, but when people leave them out and do not use them to show proof of their current income, they tend to get an RFE which is why it is typically advised around VJ to provide most recent tax transcript, letter from employer and/or recent pay stubs with an affidavit of support.

[duitta2g15 26]

Thanks Jay-Kay!!! So I shouldn't bother with getting a joint sponsor since we meet the requirement for the family size of 5 right? Can providing at least three pay stubs along with letter from employer be sufficient to proof current income at her job? We will also make sure to include the child support evidence as well.

[corvusheart 163]

How did you come out with that annual incomet? I thought it should be 15.26*2080 if you work full time which is 8 hours per week. I am confused on how the annual income is calculated. I did it this way 15.50*2080 which equals 32,240 plus child support of 3,960 per year and the total annual income is 36,200. I don't know whether I am right or wrong in my calculations.

I work 40 hours per week, $15.26 an hour that equals $30,000 gross annual. It's really not that hard. On google they have plenty of Annual Salary calculators for you to use. Also remember you can utilize assets as well.

Edited April 15, 2014 by corvusheart

[KayDeeCee 4,893]

Thanks Jay-Kay!!! So I shouldn't bother with getting a joint sponsor since we meet the requirement for the family size of 5 right? Can providing at least three pay stubs along with letter from employer be sufficient to proof current income at her job? We will also make sure to include the child support evidence as well.

This is to answer an RFE, so if they are not accepting the child support for some reason, then she doesn't meet the requirement and having a joint sponsor would be the safest route. If you provide adequate proof of her income and child support, then it could be accepted without a joint sponsor. The choice is yours.

[KayDeeCee 4,893]

I work 40 hours per week, $15.26 an hour that equals $30,000 gross annual. It's really not that hard. On google they have plenty of Annual Salary calculators for you to use. Also remember you can utilize assets as well.

Nope, really is not that hard to do the math yourself either. Using a calculator you suggested, found through Google > An hourly rate of $15.26 equates to a weekly pay of $610, monthly pay of $2,645, and an annual salary of $31,741.

For the OP > An hourly rate of $15.50 equates to a weekly pay of $620, monthly pay of $2,687, and an annual salary of $32,240. Just as he calculated.

[Ketsuban 1,034]

I work 40 hours per week, $15.26 an hour that equals $30,000 gross annual. It's really not that hard. On google they have plenty of Annual Salary calculators for you to use. Also remember you can utilize assets as well.

Really? I got $31,740.80... 15.26 x 40 x 52.