RFE for not meeting poverty guidelines

[klsoblos 0]

Today I received an RFE that states the income did not meet 125% poverty guidelines. I am a medical student who has no real income and receives student loans. My mother was a joint sponsor who's income was more than 3 times the necessary 30,312 for a household of 4. I've gone over the forms sent in multiple times and am unable to find a mistake on how the information was entered.
I'm not sure if I'm missing something...or if this was likely an error on their part. Has anyone else had this experience? If so, how was it solved?
I've called USCIS before regarding other matters and they were largely unhelpful and could not provide me with any real information. Would it be a good idea to schedule an info pass appointment to see if I am missing something? I would like to send all the necessary documents asap but I really don't want to make the same mistake and end up with another RFE or denial.

[aleful 1,905]

hi

what evidence did she send in of proof aside of taxes?

letter from employer? paystubs? W2s if married filing jointly?

[Anh map 2,098]

What exactly does the RFE say?

[klsoblos 0]

The RFE stated that based on documents submitted with form I-864, affidavit of support, for the joint sponsor, the income did not meet 125% of poverty guideline for the joint sponsor's household size. The evidence we included were pa stubs, w2 and letter from employer stating the amount she makes and that she has worked there over 10 years and to contact them with questions.
​It then goes on to to suggest submitting evidence of assets the meet the standards listed below. Assets must equal the stated difference b/w the joint sponsor's household income and 125% of the poverty guideline.
The only thing listed that applies to me is "assets must equal 3x the difference for a spouse or child of US citizen.
With evidence of assets being stocks, bonds, etc

I just don't understand why if the income is 3x+ the 125%poverty line that we would need to further prove it with assets. I can always submit those things, but I just don't understand why what was submitted wasn't sufficient.

[aleful 1,905]

hi

what about taxes? you don't mention taxes

is she married, does she file jointly? if so, did she put her individual income on the i864? I'm just trying to guess what is the problem

[Anh map 2,098]

What is the joint sponsor's household size? (spouse, minor children, anyone else claimed as a dependent on tax return)

How about the most recent year's (2014) tax transcript or complete tax return?

[klsoblos 0]

woops.... sorry!
She filed jointly despite there being 1 income as my father is retired

2014 tax return was included.
She filed jointly with my father and claimed 2 children as dependents.

She included only her income on the i864

Edited January 26, 2016 by klsoblos

[aleful 1,905]

hi

so then her household size would be 5 not 4 as you stated, so she made more than enough to cover 5?

herself, you're dad, 2 children plus the beneficiary, are 5

[klsoblos 0]

oh yes! Thanks! I guess sometimes you just need some outside input to fix the problem!
i see that she put 4 instead of 5 on the i864. Yes the income is still well over the 35,500 needed. Would this be grounds to ask for assets though? or would fixing the entry mistake be enough?

[Anh map 2,098]

The RFE has a generic component to help people solve the problem. From what you say, assets aren't needed if she is earning a salary of ~100K.

[klsoblos 0]

Ok, that's what I was wondering!
Thanks for all the help!
Ya'll are the best!

[Mag&Chef 17]

Ok, that's what I was wondering!

Thanks for all the help!

Ya'll are the best!

good luck !!!

[Amy_and_Victor 159]

oh yes! Thanks! I guess sometimes you just need some outside input to fix the problem!

i see that she put 4 instead of 5 on the i864. Yes the income is still well over the 35,500 needed. Would this be grounds to ask for assets though? or would fixing the entry mistake be enough?

I don't remember every single detail of that, but still will ask. I don't think the problem is in assets if she makes way more money than needed. BUT. If your mother lives with your father, her spouse has to fill affidavit as well as joint sponsor's household member even if his income is not going to be counted toward meeting income thresholds. Did he do that? May be that's what USCIS needs? As I remember, he needs to fill I-864A while you and your mother fill I-864.

- Victor from Russia

Edited January 26, 2016 by Amy_and_Victor