RFE form I864

[Nathan99 4]

So I am currently applying for AOS. And last Tuesday I just got an RFE for form I485 which I believe it is about form I864.

Turns out they don't accept my assets and my wife's income (she just started working last May and she doesn't file tax in 2013 and 2012).

I found a joint sponsor, he makes above poverty line this year but in 2013 and 2012 he didn't.

He only has tax transcript for this year (2014) and pay stubs for one month (Dec 2014).He's currently not in his home (business trip somewhere) so he can't send me any recent pay stubs.

Is it ok to just show USCIS the tax transcript and one month paysubs? does not making enough income in past years affect his ability as a joint sponsor?

Thanks everyone!!!

Edited March 5, 2015 by Nathan99

[kempo23 0]

I am having the same problem just respond to my second RFE 3weeks later online uscis says case has been suspendnd first one was wife did not earn enough. So we got her brother to be joint sponsor. He works on the Rail Road and his wife is a teacher they make more than enough so we sent in the supporting tax documents. Then we got another RFE we sent supporting doc only to see today online that we are getting another RFE. Not sure what now.

[KayDeeCee 4,893]

If your joint sponsor only started working at a new job in Dec. and did not meet the requirement in the years before, you may want to look for a new joint sponsor. They will look at the totality of the situation when making a decision. Current income is most important, but is not always enough if there is no past income stability and the job is very new, especially if the income is on the borderline of the requirement.

Edited March 6, 2015 by KayDeeCee

[Nathan99 4]

Well, he's been working for the company for a period of time but I don't really ask in details. That's why he is making that much for the whole year 2014 (~35k) and he only makes 11k in 2013. We're really scared since we don't have any other join sponsor to ask.

I am having the same problem just respond to my second RFE 3weeks later online uscis says case has been suspendnd first one was wife did not earn enough. So we got her brother to be joint sponsor. He works on the Rail Road and his wife is a teacher they make more than enough so we sent in the supporting tax documents. Then we got another RFE we sent supporting doc only to see today online that we are getting another RFE. Not sure what now.

This is so tough. We're been looking for joint sponsor and can't find anyone else but this guy.

[KayDeeCee 4,893]

Well, if he made 35k last year and is still making the same income, then you may be ok, especially if they have no other dependents and only need to include themselves and the immigrant in their household count.

[Nathan99 4]

Thanks KayDeeCee, actually he's married and have a child thus it would be 4 dependents (including me). But as I checked the new poverty guidelines, he is qualified for being my joint sponsor.

[KayDeeCee 4,893]

Yes, he does make enough for a household of 4. Hopefully the 2014 tax transcript plus his one pay stub will be enough income proof.

Does his wife work? He needs to prove his individual income from their taxes, if they file jointly. This is usually done by also providing a copy of his W-2 along with the tax transcript so they can see how much he personally earned.

[Nathan99 4]

He filed "head of household" and his wife's name is not even on the transcript (but it shows he has 2 dependents).