Request for Initial Evidence (I-485) about my joint sponsor

[metalcrazier 0]

Dear all:

This is my background:

I am a US citizen, and I have applied Green Card application for my wife (F1 visa). We are students, so we have to find another joint sponsor to support the I-864 purpose for my wife. Yesterday I just received a “Request for Initial Evidence (I-485)” letter (pink) about the joint sponsor’s current income. I am sure that my joint sponsor’ income is above 125% of the poverty line based on his tax return and W2 from 2013 (I submitted the application package at 01/12/2015, which is just before the beginning of 2014 tax year.) The whole content is in the below:

“The joint sponsor’s income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

1. Letter of employment containing the following:

Dates of employment

Nature of the job

Yearly salary earned

Number of hours per week worked

Prospects for future employment and advancement

2. Pay stubs or other documentation of pay for the previous 6 months

3. Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)”

Here are my questions:

1. My joint sponsor works as a consultant right know, and he enjoys helping the company without being paid. He is a former employee of the same company for a long time. He might going to retire in these years soon. He says that he may be able to get a consultant agreement from the company. But I think this agreement can’t be used for the letter of employment purpose, right?

2. Since he works as a consultant without being paid, he says that he can’t provide me pay stubs from the previous 6 months. What can I do?

3. For this RFE purpose, can I use my joint sponsor’s assets for the response? (account balances of saving and retirement). I am sure that he has sufficient amount of the assets for this purpose since he has worked for a long time.

4. Or even find a second joint sponsor? (but this is the last resort)

Thanks for your attention! I appreciate for any help

[aleful 1,905]

hi

find yourself a new joint sponsor, he should never have been your joint sponsor. to sponsor or joint sponsor, have to have current income

he or she has to cover the beneficiary in case they get means tested benefits. so if he doesn't have a current steady income, he never qualified to be your joint sponsor

find someone who has income

[Boiler 45,670]

Agree, find a sponsor who meets the requirements.

[metalcrazier 0]

Thank you guys:) I really appreciate it!

So could I ask for my joint sponsor's wife for her I-864 documents? Because she has a job. And if I have a new joint sponsor, could I just send her I-864 documents with this RFE notice?

[NancyNguyen 1,657]

Yes if you can find new co-sponsor, just send new I-864 along with associated tax docs and an explain letter.

[KayDeeCee 4,893]

Where does his income come from if he does not get paid? That part is confusing.

If his wife works and meets the requirement for their household size plus your wife, then she can be used. You can have her fill out the I-864 and have her husband(previous joint sponsor) fill out an I-864A to go along with her I-864. Their income will be combined and shown on their joint tax return, provided they filed jointly. They both still need to provide proof of their income. Also, if they have filed their 2014 taxes already, then send those as most recent.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas -OP adjusting from F-1 ~

[metalcrazier 0]

Thanks again:)

So right know the best way for me is to submit a new joint sponsor's I-864 with tax documents, a RFE notice and an explain letter to USCIS? So it is fine that I just go my own new methods and not follow RFE notice's instructions?

[NancyNguyen 1,657]

Thanks again:)

So right know the best way for me is to submit a new joint sponsor's I-864 with tax documents, a RFE notice and an explain letter to USCIS? So it is fine that I just go my own new methods and not follow RFE notice's instructions?

Yes, many has included new I-864 as RFE response. Good luck.

[metalcrazier 0]

Thanks for all the assistance! The methods you have provided comfort me

[metalcrazier 0]

Dear all:

Update of my situation: yesterday I email to ask whether my joint sponsor's wife could be my new joint sponsor, it seems she can't do it.

Now I got a theory, could I provide my joint sponsor's assets with evidence and documents, and send them back with the RFE notice? Since my joint sponsor has no current income right know.

[Mochara 2]

Your joint sponsor has to be currently working. You cant (well maybe but itd be difficult to) sponsor a person to immigrate if you dont have a current income.
And you have to provide evidence of that.
Unless the assets are considerably significant, I doubt it would suffice.

Is there no-one else? Remember the joint sponsor doesnt need to be a family member, can be a family friend or whatever with a good job thats willing to do the sponsorship.

[KayDeeCee 4,893]

Why can she not do it? Does she not earn enough?

To qualify with assets alone would be 5 times the income requirement for his household size, which seems to be 3, if he has no other dependents. That would be a bare minimum of $125,560 in assets.

His wife could fill out an I-864A to go along with his I-864 and combine her income with his assets to meet the requirement. However, it is looking like you should just find a completely new joint sponsor that meets the requirement. You need to satisfy the RFE or risk denial.

[Leo7777 243]

The use of assets is not as simple as it sounds. For instance the first car cannot count

(because it couldn't be sold to provide income as needed for work.) And real estate used

must be accompanied by an appraisal report from certified real estate appraiser, etc., etc., etc.

[metalcrazier 0]

Your joint sponsor has to be currently working. You cant (well maybe but itd be difficult to) sponsor a person to immigrate if you dont have a current income.

And you have to provide evidence of that.

Unless the assets are considerably significant, I doubt it would suffice.

Is there no-one else? Remember the joint sponsor doesnt need to be a family member, can be a family friend or whatever with a good job thats willing to do the sponsorship.

Yeah, there is another potential joint sponsor that I can choose from. But since my original joint sponsor are very willing to help, I feel that I will feel a little sorry for them for finding another joint sponsor.

But since USCIS allow two joint sponsors to support the intend immigrant, maybe I could add a second joint sponsor to the RFE notice?

[metalcrazier 0]

Why can she not do it? Does she not earn enough?

To qualify with assets alone would be 5 times the income requirement for his household size, which seems to be 3, if he has no other dependents. That would be a bare minimum of $125,560 in assets.

His wife could fill out an I-864A to go along with his I-864 and combine her income with his assets to meet the requirement. However, it is looking like you should just find a completely new joint sponsor that meets the requirement. You need to satisfy the RFE or risk denial.

She has personal reasons, and I understand it:)

So could I continue to use my original joint sponsor's assets, and add another second joint sponsor to the RFE notice as the response?

The use of assets is not as simple as it sounds. For instance the first car cannot count

(because it couldn't be sold to provide income as needed for work.) And real estate used

must be accompanied by an appraisal report from certified real estate appraiser, etc., etc., etc.

Thanks. My joint sponsor says he could use his account balance of his savings and retirement. Are these accounts eligible for the supporting purpose?