I-864 Request for Initial Evidence

[lenaou 0]

Hello,

we recieved RFE today for our form I-864, and it's really confusing.

So, this is what we recieved:

Form I-864, Affidavit of Support, was submitted, however, it was not from the petitioner/sponsor.

It wasn't very hard to figure out what to do about it, considering that my husband didn't fill out the form. He just needs to do it and add all the required documents. However, the second part doesn't make much sense:

Based on the documents submitted with Form-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.

125% of the poverty guideline for the household size of 4 people is 29,824$. Our joint sponsor's income is 219,000$, which is almost 10 times bigger than that. All the required documents to prove that (W-2s, 1099s, Form 2555) were sent. Could it be a mistake of USCIS?

And if so, what shall we do? Send all these documents again, or do what they ask: submit evidence of assets (Bank statement covering the last 12 months, evidence of ownership and value of stocks etc.)?

Please, help!

[sweetswinks 400]

Hello,

we recieved RFE today for our form I-864, and it's really confusing.

So, this is what we recieved:

Form I-864, Affidavit of Support, was submitted, however, it was not from the petitioner/sponsor.

It wasn't very hard to figure out what to do about it, considering that my husband didn't fill out the form. He just needs to do it and add all the required documents. However, the second part doesn't make much sense:

Based on the documents submitted with Form-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.

125% of the poverty guideline for the household size of 4 people is 29,824$. Our joint sponsor's income is 219,000$, which is almost 10 times bigger than that. All the required documents to prove that (W-2s, 1099s, Form 2555) were sent. Could it be a mistake of USCIS?

And if so, what shall we do? Send all these documents again, or do what they ask: submit evidence of assets (Bank statement covering the last 12 months, evidence of ownership and value of stocks etc.)?

Please, help!

Did you submit current evidence of the co-sponsors income? Pay Stubs, employer letter, etc?

[lenaou 0]

Did you submit current evidence of the co-sponsors income? Pay Stubs, employer letter, etc?

No, we didn't submit any current evidence, just the documents required.

[sweetswinks 400]

No, we didn't submit any current evidence, just the documents required.

Evidence of CURRENT income, is part of the documents required. This is why you got an RFE, you have no evidence of what he is currently making.

It's in the I-864 instructions in part 6: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

If you read the forums, people get RFE's for not submitting evidence for current income. I would read Captain Ewok's pinned thread on this http://www.visajourney.com/forums/topic/308-i-864/?p=2428

Edited July 30, 2014 by sweetswinks

[Loving_girl 38]

Hello,

we recieved RFE today for our form I-864, and it's really confusing.

So, this is what we recieved:

Form I-864, Affidavit of Support, was submitted, however, it was not from the petitioner/sponsor.

It wasn't very hard to figure out what to do about it, considering that my husband didn't fill out the form. He just needs to do it and add all the required documents. However, the second part doesn't make much sense:

Based on the documents submitted with Form-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.

125% of the poverty guideline for the household size of 4 people is 29,824$. Our joint sponsor's income is 219,000$, which is almost 10 times bigger than that. All the required documents to prove that (W-2s, 1099s, Form 2555) were sent. Could it be a mistake of USCIS?

And if so, what shall we do? Send all these documents again, or do what they ask: submit evidence of assets (Bank statement covering the last 12 months, evidence of ownership and value of stocks etc.)?

Please, help!

hi, had same RFE so they ask you to send them 12 months bank statements....my family income is also way above poverty, and we got the same letter.

[Loving_girl 38]

Evidence of CURRENT income, is part of the documents required. This is why you got an RFE, you have no evidence of what he is currently making.

It's in the I-864 instructions in part 6: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

If you read the forums, people get RFE's for not submitting evidence for current income. I would read Captain Ewok's pinned thread on this http://www.visajourney.com/forums/topic/308-i-864/?p=2428

hi, first of all congrats on K-1 approval and easy travel to the USA!

Second, your answer is not completely accurate, here is my sample: for example we got same letter as the author of this thread, AND when we filed AOS we also filed CURRENT INCOME STATEMENTS (pay-stubs, employment, etc so to say) so, RFE regarding Affidavit of Support not all the time are current income related, it's more human factor (you never know what Migration Officer is checking your case and how lazy he/she is to put together pay-stubs or other income paper numbers). thus they send here and there RFEs....it's all human factor......not more nor less......

Edited July 31, 2014 by Loving_girl

[KayDeeCee 4,893]

You mentioned 1099s. Is the joint sponsor self-employed? Do they receive income that is non-taxable. If they are an employee, then they can send a letter from their employer and/or recent pay stubs to prove current income. If they are self-employed or receive non-taxable income, then they need to provide proof of receiving that income. Some self-employed provide 3 years worth of tax transcripts, and showing 12 months of bank statements can show how much income is actually received each month.

[Loving_girl 38]

No, we didn't submit any current evidence, just the documents required.

I agreee with sweetwinks, on the first place when you were filling ur AOS, your sponsor also had to give pay-stubs, employment letter or other income prove.... so i guess it will not hurt to send them those docs with your RFE response....... + 12 months bank statements...........

[mik2012 17]

I only submitted 3 paystubs and my 2014, 2013 and 2012 Income Tax Transcripts and a letter from my employer and did not get RFE. My wife got approved for her green card July 25th, 2014

Noone can guest what they want

[KayDeeCee 4,893]

I only submitted 3 paystubs and my 2014, 2013 and 2012 Income Tax Transcripts and a letter from my employer and did not get RFE. My wife got approved for her green card July 25th, 2014

Noone can guest what they want

You sent proof of current income with the pay stubs and letter from employer. The OP stated they did not send any proof of current income.