I-864 RFE question regarding poverty level requirement

[ajakal 1]

I am the sponsor for my beneficiary who entered the country on a K1 visa. We got married and sent in our I-864 AOS application in August and have recently received an RFE letter with the following requests:

(1.) Submit all supporting tax documentations (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

We realized that I had only submitted my 1040 form for the previous year without any W-2s. We are now sending in my 2014 IRS Tax Transcript which we requested through the IRS website. It is my understanding that this should clear up this issue, since it includes all information from the 1099, W-2s, etc.

Which brings me to the more confusing part...

(2.) 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 poverty guideline for the petitioner/sponsor's household size.

The letter then goes on to explain how I could provide evidence of assets or a joint sponsor. This is what confuses us, since I have been employed in a job making $20/hour for 40 hours a week since March 2015 which exceeds the poverty limit for a household of two ($20 x 40 hours x 52 weeks = $41,600 gross annually). This is the income that I entered into Part 6 of the I-864.

With my initial application I included a letter from my employer verifying my employment (although it was dated in March since I reused the one I submitted with my K1 application) and 3 of my most recent weekly paystubs.

HOWEVER, in 2014 I did not meet the poverty level, only earning about $2,500 as a college student. But I was under the impression that it was your CURRENT income that they considered for the 125% poverty level requirement.

Now I just want to make sure that I am replying to this RFE correctly because I am very nervous about having our application denied. So far I plan on including:

-Cover letter explaining that my current income is above the poverty limit even though it was not in 2014, and that this discrepancy is due to being a student in 2014 vs full-time employment in 2015

-The 2014 IRS Tax Transcript

-A signed letter from my employer dated this month, stating my date hired, job title, hourly wage, and hours worked (vs. the months-old letter that I originally submitted)

-6 months worth of paystubs (vs. the 3 weeks of paystubs that I originally submitted)

Is this sufficient or do I absolutely need a joint sponsor even though I currently meet the 125% poverty level requirement?

Thank you very much for your help.

[Stevephoto 230]

I keep reading on VJ that it is the current income that matters. 6 months of pay stubs seems like pretty good evidence. My guess is that you would be ok with what you described. Other members will correct me if I am wrong. Good luck.

[KayDeeCee 4,896]

Usually when you do not supply the required most recent complete tax return or IRS transcript, they will also state you did not meet the income requirement.

Provide exactly what you have listed here. Pointing out to them that you currently meet the requirement and supplying the updated letter from employer and pay stubs for the last 6 months should hopefully be accepted. Making $20 an hour full time comes to $41,600 annually. That is well over the income requirement for 2. It is enough for a household size up to 6.

[ckibs 52]

I've just received exactly the same RFE - was the matter solved by sending the stuff you're mentioning?

[ajakal 1]

I've just received exactly the same RFE - was the matter solved by sending the stuff you're mentioning?

Hey ckibs- everything was resolved after sending in the IRS tax transcript. We also included 6 months worth of paystubs and a cover letter restating that the sponsor made an income above the poverty limit, however I think that they just needed the transcript. We now have the green card.

Good luck!

Edited May 7, 2016 by ajakal

[ckibs 52]

Hey ckibs- everything was resolved after sending in the IRS tax transcript. We also included 6 months worth of paystubs and a cover letter restating that the sponsor made an income above the poverty limit, however I think that they just needed the transcript. We now have the green card.

Good luck!

Thank you, that's exactly what we've decided to send off. I hope that solves it!

[bellaesq 0]

I have the same problem - maybe someone could help?

I am the petitioner for my spouse. I sent in all tax returns, schedules and accompanying balance sheets. I own 2 companies so I sent in the Sch Cs as well. I do not have W-2s as I am self employed. My income for the past 3 years ( I sent 3 years of taxes) was more than the 125% poverty guideline of $ 20,025. I also sent evidence of assets valued over $ 400,000 and my bank statement ( I sent 3 months and now they are asking for 12 months).

I'm confused. I tried to send a solid package and the RFE letter still says the net value of the assets do not make up 3 times the difference between the income and guidelines.

Am I missing something?

[KayDeeCee 4,896]

I have the same problem - maybe someone could help?

I am the petitioner for my spouse. I sent in all tax returns, schedules and accompanying balance sheets. I own 2 companies so I sent in the Sch Cs as well. I do not have W-2s as I am self employed. My income for the past 3 years ( I sent 3 years of taxes) was more than the 125% poverty guideline of $ 20,025. I also sent evidence of assets valued over $ 400,000 and my bank statement ( I sent 3 months and now they are asking for 12 months).

I'm confused. I tried to send a solid package and the RFE letter still says the net value of the assets do not make up 3 times the difference between the income and guidelines.

Am I missing something?

Get an IRS transcript.

What does your Total Income line from your most recent tax return show? Line 22 of your 1040? That is what they will go by.

Not sure what assets you are using, but if it is your home, they need a professional appraisal and proof of any liens in order to get the net value. If using an automobile, you must own more than one. You have to provide proof of ownership and value of every asset. They tend to ask for 12 months of bank statements when using money in an account as an asset.

[bellaesq 0]

Get an IRS transcript.

What does your Total Income line from your most recent tax return show? Line 22 of your 1040? That is what they will go by.

Not sure what assets you are using, but if it is your home, they need a professional appraisal and proof of any liens in order to get the net value. If using an automobile, you must own more than one. You have to provide proof of ownership and value of every asset. They tend to ask for 12 months of bank statements when using money in an account as an asset.

Thank you so much for the response - I outlined the sums in line 22 of the 1040 for the last 3 years. The only year that is a problem is the 2015 because all the income went to a C-corporation and it was filed on Form 1120. I sent all the 1120s and CT3s in as well.

I have the county tax assessment on the home, a copy of the mortgage statement and the net value is approximately $ 160,000. Even if they ignore the C-corp return and they say that my 2015 income on the 1040 of $ 2000 is short by $ 18,025 x 3 = $ 54,075, this is more than sufficient.

Add the bank statements of about $ 100,000. Do you see where there could be a problem? Should I go to infopass or try to call?

[KayDeeCee 4,896]

They will go by your most recent return, so if the 2015 Total Income does not meet the requirement, then you will need to prove you have the assets, or find a joint sponsor.

You need an appraisal for the home. Even still, they may not accept the home's value if they feel it would be a hardship for you to have to sell it. If your last 12 months of bank statements show you have had that much cash, or at least near it or the 3 times requirement amount, then they might accept that. The IO could also decide that the intending immigrant may become a public charge and not accept your affidavit for sponsorship and issue a denial because of that, or send another RFE requesting a joint sponsor.

From the instructions >

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Edited November 9, 2016 by KayDeeCee

[Beefheart 31]

Hello all, hope everyone is keeping well.

Just a quick related question regarding Part 5 of the Affidavit. This section always throws me when I read over it, and I just wanted to be absolutely sure I'm filling it in correctly.

If I enter '1' for the first three options (the number entered in Part 3, item 28; yourself; and my current spouse) then the household size amounts to 3, which is incorrect. It should be 2 as it's only my wife and I residing at our apartment.

I know the note on the form says not to count any member of your household more than once, but I'm at a loss as to how I'm not supposed to enter a value of 1 for the first three options, as I am both the person being sponsored and the spouse of the sponsor (my wife).

Please advise; this is driving me mad.

[KayDeeCee 4,896]

You simply put a 0 for #3, like the example form shows >http://www.visajourney.com/examples/INS-Form-I-864.pdf

You are the intending immigrant being counted in #1. It states not to count anyone twice, and all others being counted below #1 are "Persons NOT sponsored in this affidavit". You are being sponsored, and are the immigrant counted in #1. You would not be counted again in #3. The immigrant(s) being sponsored will never be counted below #1.

[Beefheart 31]

Thank you so much.