Got RFE from USCIS about I-864 form, any advices pls

[wayne23 0]

Hi. 2 months ago i got RFE letter from USCIS that my joint sponsor did not meet 125%.

So i have like 2 weeks left to answer. My joint sponsor work in US Army and also he get allowance for housing that i didn't put like his income.

I'm wondering now, what if he get letter from his employer saying that he is making $24K per month and also he receive more than $1K monthly allowance, which is make him around $43K yearly salary, which is more than enough to sponsor me.

Also i was thinking about sending him some money like a gift, so he can show assets. I'm not gonna ask that money back, but did USCIS will believe is only a gift?

What do you think i should do, because i can't find another joint sponsor and i'm short on time. What's your experience?

Also how usually this process is going, how long will take to get scheduled for interview and to get visa?

[belinda63 3,038]

Copies of his tax return (the complete return) or his tax transcripts. Copies of his LESs with his monthly gross and his BHA highlighted. A letter explaining why his tax income did not match his actual income.

[Ryan H 3,812]

What immigration benefit are you seeking, are you in the US looking to adjust status or are you abroad seeking a visa? There is contradictory information being presented here.

[wayne23 0]

Copies of his tax return (the complete return) or his tax transcripts. Copies of his LESs with his monthly gross and his BHA highlighted. A letter explaining why his tax income did not match his actual income.

Ok, thanks, but what mean LESs and BHA?

What immigration benefit are you seeking, are you in the US looking to adjust status or are you abroad seeking a visa? There is contradictory information being presented here.

yes i'm in usa looking to adjust status

[belinda63 3,038]

An LES is a Leave and Earnings Statement for military persons. It shows their gross pay, BHA (basic housing allowance), food allowance, clothing allowance, etc. Pretty much everything they earn. The military member will know what an LES is and should have provided you with a few for the I-864. His gross earnings and BHA can be considered as income for purposes of the affidavit of support. Also depending on where the military member is located and their duty some or all of their pay may be exempt from taxes.

Short part of this is his taxes do not reflect what he actually makes. What he makes (for purposes of the affidavit of support) is his gross pay plus his BHA. Because this doesn't match what is shown on the tax return you need to include copies of the LES and a letter explaining why the tax return gross amount is not the same amount as what you say he makes.

[wayne23 0]

An LES is a Leave and Earnings Statement for military persons. It shows their gross pay, BHA (basic housing allowance), food allowance, clothing allowance, etc. Pretty much everything they earn. The military member will know what an LES is and should have provided you with a few for the I-864. His gross earnings and BHA can be considered as income for purposes of the affidavit of support. Also depending on where the military member is located and their duty some or all of their pay may be exempt from taxes.

Short part of this is his taxes do not reflect what he actually makes. What he makes (for purposes of the affidavit of support) is his gross pay plus his BHA. Because this doesn't match what is shown on the tax return you need to include copies of the LES and a letter explaining why the tax return gross amount is not the same amount as what you say he makes.

Ok. Is this mean if i send pay stubs to USCIS will help my case. Because my joint sponsor give it to me two of them, one from december 2013 and one from march 2014. On them i can see Base pay, BAS and BAH. So is that mean when we'll fill out I-864 form again, i'll put income like $43k even on his w-2 form is less. And i should send a letter explaining why is this like that? Because he can't get letter from his employer.

[pushbrk 12,881]

Current income does not come from any tax form. (W2 is a tax form.) The affidavit asks about the past (tax return information) and separately about the present, (pay stub/leave and earnings statement, etc.)

[wayne23 0]

Current income does not come from any tax form. (W2 is a tax form.) The affidavit asks about the past (tax return information) and separately about the present, (pay stub/leave and earnings statement, etc.)

Ok, the last tax return information is $24k that i have on paper. So if i just send a couple of pay stubs and i'll make a letter explaining why his income is $43k (including BAS and BAH) i'll be all set, or i still gonna need letter from his employer?

[belinda63 3,038]

It never hurts to get a letter from his employer. You would need to write a statement explaining (in detail) why his tax return income doesn't match his real income. You would reference his base pay amount and add to it the BAH to come up with his real income amount. I'm not sure if they will allow BAS to be included as income, but he makes enough anyway.

[wayne23 0]

It never hurts to get a letter from his employer. You would need to write a statement explaining (in detail) why his tax return income doesn't match his real income. You would reference his base pay amount and add to it the BAH to come up with his real income amount. I'm not sure if they will allow BAS to be included as income, but he makes enough anyway.

Did somebody have sample how that letter should look like, somebody in similar situation with me please?

Will be relevant if i write that letter, and not his boss, because he really can't get that letter.

Also because i got RFE (request for evidence) if i don't answer good i'll be denied. That's why i'm asking.

[pushbrk 12,881]

If it's not an official letter from the employer, it will not work anyway. You don't need an employer letter with pay stubs and/or LES.

[wayne23 0]

If it's not an official letter from the employer, it will not work anyway. You don't need an employer letter with pay stubs and/or LES.

So, what this mean? Without letter from his employer i'm not gonna have some progress, or i'll be all set if i send pay stubs only?

[pushbrk 12,881]

I think you'll be set if you send pay stubs and the Leave and Earnings Statement, as applicable. A fake letter will just get you in trouble. Don't even think about it.

You were told a letter FROM THE EMPLOYER never hurts. If the employer won't write it, don't fake it.

[wayne23 0]

I think you'll be set if you send pay stubs and the Leave and Earnings Statement, as applicable. A fake letter will just get you in trouble. Don't even think about it.

You were told a letter FROM THE EMPLOYER never hurts. If the employer won't write it, don't fake it.

i didn't mean on making fake employer letter. i was asking to write a explanation letter, because when i send all documents for i-864 i probably made a mistake. for gross income i put the same amount from w-2 form and i also send one pay stub. That's why USCIS send me RFE letter.

But now if i explain that with all allowance that he's receiving he is making much more and he's making enough to sponsor me.

[pushbrk 12,881]

State his current income correctly and provide the documentation of that income. What do you mean, "He's making much more."? Much more than what. Add up what the pay stub and/or leave and earnings statements indicate he'll earn in the next twelve months and accurately state it. Then, provide the documentation to back it up.