RFE for form i-864

[Nlcurry 0]

Hi Guys,

I sent in my AOS paperwork last month and just received an RFE for form i-864. So the thing says:

Based on the documents submitted, the income did not meet 125% of the poverty guideline for the household size. Submit evidence of assets.

My spouse just started a full time job a couple of months before I filed making $12/hour. Thats roughly $24000 a year. I assume USCIS didnt count the full amount because she just started? Otherwise, that amount would be enough to meet the poverty guideline.

So just to be careful, I also submitted evidence of assets in the original AOS papers, all copies:

Car title for 2 cars and the kbb quote (only used the price of one car) - ~$9000

Home mortgage papers: 1 statement, 1 Note, 1 appraisal from earlier this year ~$70000

I'm confused how all this doesnt add up to the three times difference minimum that they set. Shouldn't this be enough? Of course they cant provide any details to why they need more evidence. I wonder what I missed that would disqualify these two assets. Another thing too, my spouse's car is under her name and her mother's but I didn't use hers for the quote. She is the petitioner.

[KayDeeCee 4,896]

They can still ask for assets or a joint sponsor if the job is very new and there is no past stable employment history.

Did you provide a letter from employer and pay stubs for the job? Did you list the current annual income amount as $24,000 on the form where it asks? Working full time at $12 an hour comes out to $24,960 annually. That is the amount you should have listed and provided proof of.

When including assets, you must provide proof of ownership and net value. You can only use a second vehicle, and for a home, you must provide an appraisal along with documentation of liens against the property to show how much you still owe so they can get the net value.

I suggest you send more proof of the actual income and the assets you listed. Point out to them that the annual income meets the 125% on its own. Make that evidence the most important thing for them to view.

[Anh map 2,098]

If you did not supply enough evidence then it is difficult for the CO to understand your income and assets clearly. Perhaps more paystubs and an updated employer letter would be helpful in showing the current and continuing income.

Who owns the car that you wanted to use? The other one can't be considered because it has mom's name on it thus not easily converted to cash. So the one you submitted is likely considered the daily driver. If so, it's unlikely it was considered. All assets are evaluated based on this clause: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

Is the house valued at $70K, or is the equity amount $70K? The equity value is what can be considered.

Provide up to date info on the job salary and I would think that you will be ok.

[Nlcurry 0]

The equity amount is 70k. I talked to my mortgage provider and they've sent me a deed of trust.

I also sent in the letter of employment with one paystub in the original document. I believe the employment letter showed the hourly rate and full time employment but not the yearly salary, not sure if that matters.

I think I will send these in for the RFE:

Deed of trust for home

Complete appraisal document (i had only sent in the first six pages that was the summary)

All paystubs from current job

Anything else you think I should add? Do I need to fill out another i864 form?

Thanks a lot for your input!

[Anh map 2,098]

The several paystubs ought to be enough as that shows a longer term of employment. The complete appraisal may be helpful too. Also send the most recent mortgage statement.

[Nlcurry 0]

Thanks for the help guys. So this is what I ended up sending in:

New form i864 to include cash

Bank statements from last 12 months

Deed of trust on home

Complete appraisal report

Most recent mortgage statement

Updated employment letter

Last 8 paystubs

Hopefully this works. Ill post again with an update!