RFE for Income did not meet poverty guideline

[Joy_smith 0]

Hi everyone! I have an RFE for my AOS application. USCIS letter goes like this

1.Submit all supporting tas documentation (w2s,1099s,form2555, and all supporting tax schedules) submitted to IRS for recent year.

2.Based on the documents submitted with form I864, 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 I864. 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 questions are:

For statement 1 above-

I already sent them the tax papers for recent year including the W2, should i send it back again? Or are there any documents i should send other than these?

For statement no.2

My husband's adjusted gross income is $19,223 and poverty guideline for our case is $20,025, the diffence is only $802, do we need a joint sponsor for this? Or evidence of assets would be fine? Such as bank statements (since we don't have any properties) ? It says that assets should be equal three times to the difference, which is 802X3= 2,406 , do this mean to say that the current balance of our account too must be equal to 2,406 or more? We really need your advice on this. Thank you so much

[Georgia16 2,858]

Yes you need to send it all again and yes you'll need a sponsor for your AOS.

[KayDeeCee 4,896]

You need a complete copy of the return with all forms, schedules, W-2s and/or 1099s, or an IRS transcript.

If you do not have assets at 3 times the amount you are short on income, then you will need to find a joint sponsor.

[Joy_smith 0]

Thank you KayCeeDee for taking time to reply. Unfortunately,we cant find a qualified joint sponsor.we have 3k savings in bank, i wonder if that would be enough to cover the 2,406 difference. My husband is earning more too for this current year.

[KayDeeCee 4,896]

Yes, $3000 should be enough to cover the amount you are short. However, if his current annual income is more, and he is not self-employed, then you should be listing his current annual income on the form and not what he made he last year from his tax return. How much he makes an hour times hours worked per week, then multiplied by 52 weeks gives you the current annual income amount. You list that and provide letter from employer and recent pay stubs to prove the amount listed.

[Joy_smith 0]

I already provide them the current annual income of my husband on the box in the form which says " current annual income" However, what they used to see if we meet the poverty guideline was the recent adjusted income stated on his 2015tax return. Your respond is very helpful, thanks so much KayCeeDee

[KayDeeCee 4,896]

How do you know they went by the AGI? They listed the income as the adjusted gross from the taxes on the RFE? Did you provide any other proof of current income besides the incomplete tax return?

[Joy_smith 0]

It is stated on the affidavit form that I should write the adjusted gross income, and they also stated in the RFE that they look on AGI.thank you!

I provided them paylips within 6 months, and bank statements.

[KayDeeCee 4,896]

The I-864 does not ask for AGI from last year for current annual income. It does not even ask for the AGI from the last 3 years of taxes, unless you used form 1040EZ.

The section for Total Income(AGI only if you used 1040EZ) from the tax returns, and the section asking for current annual income are two separate things. You list the current annual income where it asks, not AGI from taxes. Again, does not state to do that on the form or in the instructions, if you read them(you should). You provide letter from employer and recent pay stubs to prove that current annual income amount.

If you listed the AGI from last year which does not meet the requirement instead of the current income amount that does, then that is one of your mistakes and problems. You have stated you listed AGI and current income, so not sure how you actually filled out the form.

The form itself states this, and nothing about AGI from taxes. > "My current individual annual income is: "

Read the I-864 instructions carefully. Here is the part about current annual income. Also does not state to list AGI from taxes. >

Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual
income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.

You may include evidence supporting your claim about your expected income for the current year if you believe that
submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.

[Joy_smith 0]

Hi KayDeeCee, you are absolutely right. Husband is using the 1040 so i should put total income and not AGI. However the total income (19,325)is only small differnce from AGI (19,223). Should i make another affidvit of sup form and correct this even if its just small difference? I am right On current annual income,i did write 35,000 which is above poverty level and supported it with 6 months paystubs.

Anyway, Is a letter from the bank officer stating that our average balance over 12 months is $100 but current balance is $4000+ And letter from husband's employer stating that he is earning avergarely a net of $900 a week is enough to respond for this RFE?

Thank u so much KayDeeCee

[KayDeeCee 4,896]

You could include a corrected I-864, but if they did not ask you to correct the tax return total income section, then you probably do not have to.

Not sure that letter would be enough. They would probably want to see the last 12 months of bank statements to see when the $4000 was deposited and how long you have had that balance. Stating your average balance is only $100 will not help your case. Letter from employer and most recent 6 months of pay stubs will be helpful for proving current income meets the requirement. You may want to stress that, point it out and highlight the income deposits, if you send bank statements.