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

[wayne23 0]

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.

On i-864 form i put that my joint sponsor is making $24k. That's the money from his w-2 form.

But because he is in ARMY, he is getting also BAS (allowance for Subsistence or food) and BAH (Allowance for housing). I din't knew i can include that like income. With that he is making $43k. That's more than enough to sponsor me. So that's why i should probably write explanation letter.

But my question is, will be that enough, because USCIS in RFE letter ask for assets or money in bank or to get different sponsor.

Will be fine if i explain that i actually make mistake when i fill the application i-864?

Did someone have a idea how should look like that letter?

[pushbrk 12,892]

Do a new I-864 and follow the instructions I gave you. They don't need a letter. REALLY.

[belinda63 3,038]

Exactly what pushbrk says. You need to guide them to understand that his income is his basic pay plus his BAH. If you are lucky and get someone who has dealt with military sponsors previously they will understand. You need to assume the person is completely ignorant of how a military person is paid and explain they receive basic pay in the amount of $X.xx per month plus BAH in the amount of $x.xx per month which is a total of $x.xx per month and $x.xx per year. It would help to highlight these amounts on the LES.

[wayne23 0]

Exactly what pushbrk says. You need to guide them to understand that his income is his basic pay plus his BAH. If you are lucky and get someone who has dealt with military sponsors previously they will understand. You need to assume the person is completely ignorant of how a military person is paid and explain they receive basic pay in the amount of $X.xx per month plus BAH in the amount of $x.xx per month which is a total of $x.xx per month and $x.xx per year. It would help to highlight these amounts on the LES.

OK, but should i write explanation letter explaining about his base pay, and BAH or i should not?

Will be enough if i send only two pay stubs that i actually have right now, or should i request more from my joint sponsor?

One is from december 2013 and one from march 2014. This year he is making a couple dollars more per month than last year, so this two paystubs are with different amount, but with very close amount.

Should i send something else to respond on this RFE, or only new I-864 form?

[wayne23 0]

Do a new I-864 and follow the instructions I gave you. They don't need a letter. REALLY.

Yes but how USCIS will know what i mean with sending this new form, because in my RFE letter they are asking for assets and/or prove that my joint sponsor have money in bank. How to explain them that i actually made a mistake with not accounting that money from BAH allowance?

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[AnotherLostSoul 167]

sounds to me like AOS...o.O

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]

sounds to me like AOS...o.O

yes it is AOS

[pushbrk 12,892]

Yes but how USCIS will know what i mean with sending this new form, because in my RFE letter they are asking for assets and/or prove that my joint sponsor have money in bank. How to explain them that i actually made a mistake with not accounting that money from BAH allowance?

I've already told you what to do, but you keep adding more information. Send a recent pay stub and the latest Leave and Earnings Statement. (Or is it just a leave and earnings statement.) One is enough. Make it the most current. They can read it. They only want assets if the income isn't enough. Send a new I-864 with the right numbers and CURRENT documentation of that current income. Over and out.

[wayne23 0]

I've already told you what to do, but you keep adding more information. Send a recent pay stub and the latest Leave and Earnings Statement. (Or is it just a leave and earnings statement.) One is enough. Make it the most current. They can read it. They only want assets if the income isn't enough. Send a new I-864 with the right numbers and CURRENT documentation of that current income. Over and out.

Ok, that's what i will do i guess.

But in the first case when i send all documents and i filled i-864 form i also put one pay stub, but i guess they didn't took a look on that. They just looked that his income is not enough i guess. I just don't want to make a mistake sending not enough information and/or not the right one, to answer on this RFE.

Anyway thanks a lot. I appreciate all useful information that i got from you. If you have anything else to add, or more information and advice i will gladly appreciate. Like how much long i should wait for answer and what's coming else, maybe interview?

[pushbrk 12,892]

They are not going to count more income than you state as his current income. Match the current income to a current pay stub on a new, and for the first time, properly completed affidavit of support and you'll have it handled.

[wayne23 0]

They are not going to count more income than you state as his current income. Match the current income to a current pay stub on a new, and for the first time, properly completed affidavit of support and you'll have it handled.

I'm sorry that i'm so unsure about this. I trust you what you're saying, but how do you know, how you are so sure i'll be all set?

Did you know somebody who is in the same case like mine and got handled maybe?

[pushbrk 12,892]

By "alright" I mean that you will have properly completed and submitted the correct affidavit. That's the best you can do. To do otherwise would simply be incorrect and cause delays until done correctly. Get the right thing in front of the decision maker and what will be will be.

Yes, I know what the right thing to do is, in the situation you've described.

[Super King 26]

Fill out the new I-864, multiply 12 times of what his monthly paystub says (including BAH and BAS, the total amount must be written on paystub, I believe its 41k as you said earlier) and write that amount in current income part. Even though most recent pay stub would suffice, I would rather send all pay stubs of 2014 as this is RFE and its better to be safe. And if you want to be safest write a letter as Belinda said earlier why his current income differs a lot from his W-2s.

[KayDeeCee 4,893]

Ok, that's what i will do i guess.

But in the first case when i send all documents and i filled i-864 form i also put one pay stub, but i guess they didn't took a look on that. They just looked that his income is not enough i guess. I just don't want to make a mistake sending not enough information and/or not the right one, to answer on this RFE.

Anyway thanks a lot. I appreciate all useful information that i got from you. If you have anything else to add, or more information and advice i will gladly appreciate. Like how much long i should wait for answer and what's coming else, maybe interview?

To give yourself peace of mind, why not write a short cover letter/statement letting them know there was a mistake on the joint sponsor's I-864 and that you are sending a new, corrected I-864 form with supporting evidence of current income that meets the requirement? It will let them know what you sent for your RFE response and explain everything all at once without the need for a longer, perhaps confusing, explanation letter.