Need help with i-864 RFE, please

[Lettyana 70]

Hi VJ members,

I just got the hard copy of our RFE and it's all about i-864. I've read similar threads here, but right now I'm so confused and frustrated, so everything is mixed up in my head. I'd be really grateful for any advices.

Here is exact text of our RFE:

Quote

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor’s household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor. Assets standards must equal the stated difference between the sponsor's household income 125% (100% if military) of the federal poverty line.

• Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.
• Assets must equal three times the difference for a spouse or child of a United States Citizen.
• Assets must equal five times the difference for all others.

Such evidence of assets includes:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;
• Evidence of ownership and value of stocks, bonds, and certificates of deposit;
• Evidence of ownership and value/equity of other personal property and dates acquired;
• Evidence of ownership, a recent licensed appraisal or county tax assessment and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor, they will need to file Form I-864, provide copies of the most recent Federal Income tax returns, all supporting documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen, United States National, or Lawful Permanent Resident.

That what was in our original AOS package:

I-864 Affidavit of Support

• Letter from employer confirming proof of employment and annual income
• 2014 IRS tax transcript

• 2014 Federal Tax Return and W-2 forms

• Pay stub(s) from the most recent 4 months

• Explanation letter for 2013 tax year and supportive documents

I'll give a little bit more details about our situation. My husband income for 2014 is less than 125% of the poverty line, but right now his income is around 24000$, which is more that they require. I am really confused right now, because we don't have any assets we can use and also we don't have anyone, who can be our joint sponsor.

Any help will be highly appreciated.

[KayDeeCee 4,893]

How new is the job? Sometimes when the income borderlines the minimum requirement and is a new income source, they still want a joint sponsor.

Did you list the $24k amount for his individual and household annual income, or the amount from his taxes?

[Lettyana 70]

How new is the job? Sometimes when the income borderlines the minimum requirement and is a new income source, they still want a joint sponsor.

Did you list the $24k amount for his individual and household annual income, or the amount from his taxes?

Thank you for answering.

He started this job in June 2014, so it was also listed on his 2014 tax documents. One more thing, we filed jointly for 2014, but I did attach our detailed 1040 form where they can see how much he made.

Yes, we listed this sum as his current income. We also sent the employment letter from his work. Actually on this letter the amount was a little bit different from what we put on I-864. This letter states his wage per hour, how many hours he makes, but for his annual salary they just put >22000$. I did calculate the exact amount according to the info from this letter and that the amount which we used as his current income. Is this difference between what they stated on the letter and what we listed on I-864 might also be a reason fro RFE?

Edited April 3, 2015 by Lettyana

[KayDeeCee 4,893]

So you supplied a complete copy of the joint return with all forms, schedules W-2s and/or 1099s? His W-2 would show his income from 2014.

They could have been thrown off by the different income amounts. They may have only looked at the taxes and overlooked the other evidence.

The employment letter states the pay rate and hours worked and then calculates the total incorrectly? Could you get a new letter that has the correct amount listed, or just leaves the total off? Use the pay rate multiplies by hours worked per week. Then multiply that weekly rate by 52. That amount would be his current annual income.

You can try responding with a statement pointing out the fact that he does make enough to meet the requirement for your household size and the exact documentation you are including to prove this. Is it just the two of you? If so, even the $22k is enough. Anyway, then include the updated letter from employer, or leave it out if you cannot get a new corrected one, and more recent pay stubs. Highlight the hourly rate and hours worked a week. Point things out to them. Make it easy for them to see his actual income. Sometimes you need to go slowly with them, hold their hands and point out the details to them.

If you want to answer the RFE with evidence other than what you already sent, then you could also provide the last 6 months of bank statements with his paycheck deposits highlighted.

[Lettyana 70]

So you supplied a complete copy of the joint return with all forms, schedules W-2s and/or 1099s? His W-2 would show his income from 2014.

They could have been thrown off by the different income amounts. They may have only looked at the taxes and overlooked the other evidence.

The employment letter states the pay rate and hours worked and then calculates the total incorrectly? Could you get a new letter that has the correct amount listed, or just leaves the total off? Use the pay rate multiplies by hours worked per week. Then multiply that weekly rate by 52. That amount would be his current annual income.

You can try responding with a statement pointing out the fact that he does make enough to meet the requirement for your household size and the exact documentation you are including to prove this. Is it just the two of you? If so, even the $22k is enough. Anyway, then include the updated letter from employer, or leave it out if you cannot get a new corrected one, and more recent pay stubs. Highlight the hourly rate and hours worked a week. Point things out to them. Make it easy for them to see his actual income. Sometimes you need to go slowly with them, hold their hands and point out the details to them.

If you want to answer the RFE with evidence other than what you already sent, then you could also provide the last 6 months of bank statements with his paycheck deposits highlighted.

Thank you so much KayDeeCee for being so responsive and helpful.

Yes, I made a copy of everything what our tax person gave us, so they can see how much each of us made.I don't think we have form 1099 though. There is what we've sent: 2014 IRS tax transcript, 1040, Married filing jointly - Married Filing Separate Comparison, W-2 detail report and his W-2s.

Yes, i think they didn't even calculate it. They just wrote that his annual salary is more that $22500. I thought it's not really professional, but that what they gave us. I think we can try to get a new one with the exact amount calculated, so both amounts will be the same on the letter and I-864. Yes, it's just the two of us. Huh we only have like 2 paychecks now, because we sent the rest of them already.

Do you think they might accept all this, even though we won't send any assets or provide a joint sponsor? Does the fact that he didn't make enough in the previous years can be a problem?

Edited April 3, 2015 by Lettyana

[KayDeeCee 4,893]

They do look at the totality of your situation and so lack of ongoing, stable income can be a factor, but the current income meeting the requirement is usually the most important factor. The RFE says the documentation did not show that he meets the requirement. So, hopefully if you point out to them that it in fact does in the new documents you send, then it may be accepted.

Get the new letter so the amounts match. Send only copies of the 2 most recent pay stubs you have, and send the bank statement copies with the income deposit amounts highlighted. In the statement/cover letter you send, point out that 125% of the poverty level for a household of two is $19,912 and that he makes $24,000 annually.

If you do not have a joint sponsor, then responding this way and trying to convince them that you do meet the requirement is your best option and the risk you need to take.

[Lettyana 70]

Thank you so much, KayDeeCee!

So that what I'm thinking to send them in the same exact order:

1) RFE letter

2) New employment letter

3) Copy of 2015 poverty guideline

4) Statement

5) Copy of his last pay stubs

6) Bank statements

7) New I-864

8) Tax transcripts for 2014 + detailed comparison + 1040 + his W2's

9) Tax transcripts for 2013 and 2012 as well

The thing about his bank statement, that sometimes we just cash out his paychecks, instead of deposit them to his bank account, but I think it was just couple times.

Also should we write the amount showed on our joint 1040 in the part of I-864, which is asking for his 2014 income or should we write only the amount which he made? In our original form we put only his part, so the amount was different from 1040, since it was joint one.

Any suggestions about the statement? I'm thinking to write something like that:

To whom it may concern

Dear sir or madam,

According to 2015 poverty guideline the poverty level for a household of two is $19912. The annual income of petitioner/sponsor is $24436, which is more that required minimum. I've attached the evidence, such as employment letter; the pay stubs for the last month, since the pay stubs for previous 4 months nave been already submitted to USCIS; and the bank statement from petitioner account; to prove the annual income of petitioner/sponsor.

Is that sound good enough?

[GurkenSalat 48]

Thank you so much, KayDeeCee!

So that what I'm thinking to send them in the same exact order:

1) RFE letter

2) New employment letter

3) Copy of 2015 poverty guideline

4) Statement

5) Copy of his last pay stubs

6) Bank statements

7) New I-864

8) Tax transcripts for 2014 + detailed comparison + 1040 + his W2's

9) Tax transcripts for 2013 and 2012 as well

The thing about his bank statement, that sometimes we just cash out his paychecks, instead of deposit them to his bank account, but I think it was just couple times.

Also should we write the amount showed on our joint 1040 in the part of I-864, which is asking for his 2014 income or should we write only the amount which he made? In our original form we put only his part, so the amount was different from 1040, since it was joint one.

Any suggestions about the statement? I'm thinking to write something like that:

Is that sound good enough?

When we got RFE'd for the I-864, it was because we hadn't sent paystubs for the last 6 months (or last 6 paystubs, don't remember exactly). We sent our tax form (not transcripts) and his employer letter, but for the RFE we sent a bunch of paystubs and the tax TRANSCRIPT and then we were fine.

You list looks mostly right, but how many paystubs are you sending? Get as many as you can!

[Lettyana 70]

When we got RFE'd for the I-864, it was because we hadn't sent paystubs for the last 6 months (or last 6 paystubs, don't remember exactly). We sent our tax form (not transcripts) and his employer letter, but for the RFE we sent a bunch of paystubs and the tax TRANSCRIPT and then we were fine.

You list looks mostly right, but how many paystubs are you sending? Get as many as you can!

Thank you for answering!

Well right now we have only 2 paystubs, since we've already sent them the paystubs for recent 4 month. I made a mistake and actually did send them the original paystubs and didn't make any copies for our records. Only hope I have that they might give him the hourly transcript at work, I'm not sure what is the name of document, but it's shows how many hours he makes every day and how much money he gets.

Yes, we did send the transcript too, but still got the RFE. I hope this time it will work with the proper employment letter and the supporting documents.

[KayDeeCee 4,893]

Thank you so much, KayDeeCee!

So that what I'm thinking to send them in the same exact order:

1) RFE letter

2) New employment letter

3) Copy of 2015 poverty guideline

4) Statement

5) Copy of his last pay stubs

6) Bank statements

7) New I-864

8) Tax transcripts for 2014 + detailed comparison + 1040 + his W2's

9) Tax transcripts for 2013 and 2012 as well

The thing about his bank statement, that sometimes we just cash out his paychecks, instead of deposit them to his bank account, but I think it was just couple times.

Also should we write the amount showed on our joint 1040 in the part of I-864, which is asking for his 2014 income or should we write only the amount which he made? In our original form we put only his part, so the amount was different from 1040, since it was joint one.

Any suggestions about the statement? I'm thinking to write something like that:

Is that sound good enough?

I think it sounds pretty good.

Just highlight where the check deposits are on the bank statements.

For Part 6 #13a.-c., put the Total Income amount, which is line 22 of a 1040 form, even if it is for joint taxes. His individual income is addressed above that on that form. They are separate things.

[GurkenSalat 48]

Thank you for answering!

Well right now we have only 2 paystubs, since we've already sent them the paystubs for recent 4 month. I made a mistake and actually did send them the original paystubs and didn't make any copies for our records. Only hope I have that they might give him the hourly transcript at work, I'm not sure what is the name of document, but it's shows how many hours he makes every day and how much money he gets.

Yes, we did send the transcript too, but still got the RFE. I hope this time it will work with the proper employment letter and the supporting documents.

Hmm, it seems a bit weird that they would RFE you after you sent all that. But they thought you didn't have enough, but you DO, so you need to convince them of it. Once you send everything on that list, they should be able to figure it out.

[Lettyana 70]

KayDeeCee, GurkenSalat

Thank you so much for all the help guys. Hope this time they will accept everything.

[Lettyana 70]

I'm thinking to add the next line to our statement to show them that he is able to support both of us. But I am not sure should I do this or not.

I’ve been supporting both, me and my wife, since her visa has expired and she had no source of income.

Edited April 5, 2015 by Lettyana

[KayDeeCee 4,893]

You could add something like that, to say that he is capable of supporting you so you will not become a public charge. However, I don't think it is completely necessary. But go with whatever wording sounds best and is most comfortable for you.

[ggodoi 9]

Hmm, it seems a bit weird that they would RFE you after you sent all that. But they thought you didn't have enough, but you DO, so you need to convince them of it. Once you send everything on that list, they should be able to figure it out.

why is it weird that she got a RFE? If you read her first post you will see where she says that her husbands income for 2014 was a little short of the 125% poverty guidelines, but now her husband is making enough money to stay above it and that's what she's trying to prove.

Littyana, have you sent your answer yet?

I am following your case closely because I believe I have a big chance of getting a RFE for the same reason.

I wish you the best luck.