I-485 RFE notice regarding I-864, questions regarding assets, PLEASE HELP!

[andrea700kr 0]

Hello VisaJourney!

I'm an F-1 student and recently filed for adjustment of status through marriage. Unfortunately, I made a mistake of not including my husband's proof of income-- just submitted recent three years tax transcripts (2013-2015), so I got RFE notice from USCIS on I-485, specifically regarding I-864.

This is my RFE below;

x The petitioner/ sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Submit evidence of the petitioner/sponsor's current income. Such evidence should include:

- Pay stubs or other documentation of pay for the previous 6 months

- Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)

Letter of employment containing the following:

- Dates of employment

- Nature of the job

- Number of hours per week worked

- Prospects for future employment and advancement

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

The petitioner/sponsor must submit all supporting documents for the most recent tax year.

THEN, THERE IS A SECOND PAGE, WITH ANOTHER REQUIREMENT (the one we are concerned about):

x 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 and 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 country 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 tax documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen. United States National, or lawful permanent resident.

My first question is regarding the letter of employment. My husband has a full-time position and a part time position in two different companies. So should he need to get letters of employment from both of the companies? or is it okay for him to just get the letter from the company where he's holding a full time position? The full time position income by itself is sufficient to meet 125% of poverty guideline.

Second question is regarding the evidence of assets. The second page of RFE says that the sponsor needs to show the evidence of assets that equals the amount of three times the difference between the sponsor's income and 125% of poverty guideline. But my husband makes 26k, which is above the 125% of poverty guideline, does he still need to show the asset and bank statement and such? or just submit the proof of income, W-2s and the letter are sufficient to respond the RFE?

And if my husband needs to show the asset, the asset amount would be three times the difference between my husbands' income and 125% poverty guideline, which would be $26,000 - $20,025 = $5,975 x 3 = $17,925?

Third question is that when we send the complete RFE packet, do we need to include the new form I-864 with fixed income amount with the rest of the documents?

THANK YOU SO MUCH IN ADVANCE!

Edited October 17, 2016 by andrea700kr