RFE income requirement although clearly meet the %125

[KayDeeCee 4,896]

Keep in mind that the sponsor has to support his own family then on top of that also be able to support your family too as a sponsor. Maybe the USCIS looks at is as the sponsor has potentially at least 7-8 people to support in 2 separate households combined. Based on the poverty guidelines for 7-8 people, the sponsor still makes above the 125% poverty guidelines threshold, though, which is what should matter unless something else is clearly stated by the USCIS or the RFE.

A joint sponsor does not have to sponsor anyone but the immigrants. They are not agreeing to sponsor a USC, as a USC does not require sponsorship. Household count is just them, any spouse, any minor children, anyone else they claim as a dependent, anyone else they sponsored, plus the intending immigrant(s) they are filling out the I-864 for. They would not need to include the immigrant's USC spouse or any USC kids they may have together. The only way they would need to be counted would be if the joint sponsor claimed them as dependents on their taxes.

Thanks a lot for your inputs, I don't know what I would do if this forum and awesome members like you didn't exist. So should I send the Affidavit of Support over again but this time with I-864A and the actual tax return (not transcript) along with supporting forms? The second part says that the JS doesn't make enough income simply because I didn't submit an 864A so I don't have to include assets or anything right? (since his income is enough). The RFE just asks for the W-2 and other forms but do you think sending the whole package again just to be safe would be a wise idea?

Yes, redo it all and have the joint sponsor's spouse provide an I-864A to go along with his I-864. Use a complete copy of the return with all the forms, schedules, W-2s and/or 1099s. That will show where the individual income came from on the joint filing. Provide a letter from his employer and/or recent pay stubs to prove his current annual income meets the requirement. If he has not yet filed 2014 taxes, then I would also add in his most recent 2014 W-2 with a note stating he has not yet filed for 2014, but are including the W-2 from 2014 to show his income still meets the requirement.

[Cool_Immigrant 3]

Yes, redo it all and have the joint sponsor's spouse provide an I-864A to go along with his I-864. Use a complete copy of the return with all the forms, schedules, W-2s and/or 1099s. That will show where the individual income came from on the joint filing. Provide a letter from his employer and/or recent pay stubs to prove his current annual income meets the requirement. If he has not yet filed 2014 taxes, then I would also add in his most recent 2014 W-2 with a note stating he has not yet filed for 2014, but are including the W-2 from 2014 to show his income still meets the requirement.

Sounds good, I am planning to submit both supporting tax documents (W-2, tax schedules etc.) with the I-864 application from scratch and I-864A from his wife (my step-mom) even though she makes 0 income. However, I was reading the I-864A instructions and it states that : "Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. "

So this is also contradicting. Do you think I will have any problems if I submit I-864A although the JS meets the requirements by himself without her wife's support and she makes 0 income?

[KayDeeCee 4,896]

It is contradictory and the spouse should not need the I-864A, but they sometimes want one anyway, even when they have no income of their own to contribute. I think the main issues addressed in your RFE is that you include the complete tax return documentation and proof that he meets the income requirement. Make those forefront in your response. If you want to include even more proof of income, besides the letter from employer and recent pay stubs, you could supply the last 6 months of bank statements to show how much income he has deposited each month.

Edited January 31, 2015 by KayDeeCee

[Cool_Immigrant 3]

It is contradictory and the spouse should not need the I-864A, but they sometimes want one anyway, even when they have no income of their own to contribute. I think the main issues addressed in your RFE is that you include the complete tax return documentation and proof that he meets the income requirement. Make those forefront in your response. If you want to include even more proof of income, besides the letter from employer and recent pay stubs, you could supply the last 6 months of bank statements to show how much income he has deposited each month.

Okay, so I will just submit the I-864 package again with all complete tax docs (not transcript the actual 1040 and all supporting W-2, tax transcripts etc.) and include a note stating the part "Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. " and ask them if they want me to file a I-864A anyways. My only concern is, the RFE says my case will be denied if they don't get the evidence they want, do they really do that in this sort of cases? The letter they sent is not completely clear do they really deny cases based on reasons like this without sending a second RFE?

[KayDeeCee 4,896]

Yes, they can. They could send another RFE if they needed more evidence still, or they could just deny the case if you don't satisfy the RFE the first time.

[Cool_Immigrant 3]

Yes, they can. They could send another RFE if they needed more evidence still, or they could just deny the case if you don't satisfy the RFE the first time.

I see. So I will just submit another 864 without 864A but with all tax supplements then because as you said in your prior post they are just asking for the additional forms to see the JS's personal income. I think W-2 and other stuff will be enough to prove that. Thank you very much for your help!

[Leo7777 243]

My cousin AOS received RFE for same thing, even co-sponsor (her sister-in-law) tax income is more than $100,000 but RFE states same thing, 125% not met. My cousin insisted income was enough in an explanation letter. They sent second RFE but they clearly wrote down (hand-writing text from examiner) that her husband (brother-in-law) needed to fill I-864A because income was from both person.

This is the key point to many of these strange RFEs that people get.

The workers have a standard RFE form with some blocks they can check.

The workers find a problem and then look on the form to see which block to check.

They don't find an appropriate box, so they quickly choose a box that they think is closest to describing the situation. They don't take time to write a simple sentence or two that really tells what the problem is and what they want from you.

This happens with all organizations that process a large number of documents.

Look at some of the paperwork you get from IRS, DMV, Blue Cross and other insurance companies, etc. The standard codes and words they use sometimes doesn't even come close to the true situation.

[Cool_Immigrant 3]

This is the key point to many of these strange RFEs that people get.

The workers have a standard RFE form with some blocks they can check.

The workers find a problem and then look on the form to see which block to check.

They don't find an appropriate box, so they quickly choose a box that they think is closest to describing the situation. They don't take time to write a simple sentence or two that really tells what the problem is and what they want from you.

This happens with all organizations that process a large number of documents.

Look at some of the paperwork you get from IRS, DMV, Blue Cross and other insurance companies, etc. The standard codes and words they use sometimes doesn't even come close to the true situation.

Exactly, people expect a better service for the application fee of $1,500 they pay.