RFE for i-864, need help!

[Ghost86 0]

Hello Everyone,

USC here. Petitioning for my wife (Edit)

Situation:

- Moved to America during last quarter of 2015 year.

- Work Oct - Dec so could only provide three months of income

- Income on 2015 tax returns under 125% poverty guidelines for a household of two ($20,050). (made 11.5k)

- Submitted documents as evidence on I-864EZ:

- 2015 tax return and W-2

- Letter from employer with hours, salary (41.5k/yr)

- Pay stubs for six + months

- offer letter and end of contract from foreign company stating that I was abroad 2012 - summer 2015

- other docs

The RFE says this:

The petitioner / sponsor on Form I-130 or Form I-129F has submitted Form I-864EZ, Affidavit of Support. However, the income listed on the Federal income tax return provided does not meet or exceed 125% of the poverty guidelines. The petitioner / sponsor cannot submit Form I-864EZ to satisfy the Affidavit of Support requirement.

The petitioner / sponsor must submit a completed and signed Form I-864, Affidavit of Support (revision date 07/02/2015), and provide copies of the most recent Federal income tax returns. Form I-134 is no longer acceptable for AOS.

Submit evidence of assets or obtain a joint sponsor.

Situation Continued:

Did USCIS bother looking at the documents or just used the 2-D barcode and throw it in a pile? I will resubmit using form I-864 and tax documents (again). But I am worried it will be rejected because my current individual annual income and most recent tax year does not match.

Questions:

1. Does PART 6 #2 "My Current individual annual income" and #19 a "Most Recent Tax Year" have to match? Aren't my pay stubs and employment verification letter enough?

2. Can i still put down my assets (checking/savings account) if it doesn't exceed 5x the difference?

3. Does my wife (non USC) need to fill out a I-864A to contribute to our household? How can she if she hadn't lived here since 2016 and doesn't pay taxes yet?

Cheers!

Oh and by the way. If you haven't received any notices in the mail, call their hotline! We waited almost two months with no word from them about our biometrics appt. only to receive an RFE in the mail two days later. They finally got around to it...

Edited October 5, 2016 by Ghost86

[Jojo92122 1,924]

You do not meet the requirement for the I-864EZ since your W-2 would not have the requisite income. Your W-2 states how much you made with that employer for the entire year. That number is used as your income for the entire year since you choose to use Form I-864EZ.

File with the correct form, the I-864.

1. No, they do not need to match. Yes, they should be enough.

2. Yes.

3. No.

4. Look for a Joint Sponsor.

Edited October 5, 2016 by Jojo92122

[KayDeeCee 4,896]

Did you read the I-864EZ instructions? At the beginning it tells you who may use that form. Your income is not shown on a W-2, so you are not someone eligible to use it and they were correct in sending you the RFE.

1.) Your current annual income is different than what is listed as your Total Income on your tax returns, so why would they match? Current annual income and the section for tax info are two separate sections. Current annual income is not what you made last year, it is your projected annual income for a year's time span based on your current rate of pay.

You list your current annual income as $41.5K and provide letter from employer and last 6 months of pay stubs. List the Total Income(or AGI if you used the 1040EZ) from your last 3 tax returns where it asks for that information elsewhere.

2.) A spouse only needs to have 3 times the amount you are short in income for assets. You can list them and provide documentation of them, if you wish.

3.) If the intending immigrant spouse is not currently working legally in the US, then they have no reason to fill out an I-864A. If they are, and if the source of the income will continue when they become a permanent resident, then yes, they could provide an I-864A to combine their income with yours to meet the requirement.

You have been working for a year now, and if you make $41.5k, you meet the income requirement for a household size up to 6. You should not need a joint sponsor. You just submitted the wrong form. Carefully read through the I-864 instructions.

Edited October 5, 2016 by KayDeeCee

[Ghost86 0]

Is there an extra filing fee when resubmitting an I-864 for an RFE?

[Jojo92122 1,924]

No