Second RFE

[Pakapoa 0]

So I am adjusting through my husband. Am a DACA Recipient and happy. The first rfe asked for proof of employment and last six month pay stubs. I submitted that 3 weeks ago now I got another rfe stating that my husband does not meet but he does. The household is 3 and he made 29996. So I look through the I-864 and saw that for the current income I put 30000. I rounded to the next whole. Am thinking am getting it again because his income is contradicting what I submitted with what I filled on the form. I don't know what to do. My husband wants a lawyer, and am not feeling it, it's too late for that. Plus When my parents filled for asylum when I was young they used a lawyer and it didn't end well, am not really a fan of immigrantion lawyer. Am only here because of DACA.

should I refill the form again and write a letter of explanation or get a sponsor?

[aaron2020 11,651]

Listen to the husband. It's not too late to get a lawyer to help with the second RFE.

You need to get this right. If you get it wrong, there will not be a third RFE. The case will be denied and all your fees and time will be lost.

[Usagi_tsukino 89]

Same happened to us, we received RFE after filing i-130/i-485 that said that my husband does not make enough to be my sponsor but he does. We got a lawyer. Basically what the lawyer did is asked us to provide more proof: i remember that we submitter the letter from my husband's boss, tons of paystubs, his taxes for as many years as we could find, and I'm sure there was something else i just don't remember.... USCIS just made a mistake. It happens. So i don't know, either resubmit all tax forms and paystubs by yourself, you may attach a letter that says "Listen, he DOES make enough", but i personally would recommend getting a lawyer.

[Usagi_tsukino 89]

So i was just going to tell you to print this https://www.uscis.gov/sites/default/files/files/form/i-912p.pdf and highlight the number for them and submit with all your papers (thats what we did also) but it looks like they are right - he does not make enough, he needs to make $30,240 for a family of 3

[p-ana 933]

So i was just going to tell you to print this https://www.uscis.gov/sites/default/files/files/form/i-912p.pdf and highlight the number for them and submit with all your papers (thats what we did also) but it looks like they are right - he does not make enough, he needs to make $30,240 for a family of 3

The poverty guidelines form to look at is the i864p. The one you linked is for fee waivers

[Pakapoa 0]

So which guide do I follow I-864p or I-912p

[Usagi_tsukino 89]

The poverty guidelines form to look at is the i864p. The one you linked is for fee waivers

Ohhh i see! Sorry about that, then yeah it must be a mistake on uscis part, just like what happened to us

So which guide do I follow I-864p or I-912p

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited November 13, 2016 by banana_princess

[Pakapoa 0]

The rfe says

Based on the documents submitted (w2, 6 month pay, current employment letter is what I submitted) with form i864, affidavit of support, for the petitioner/sponsor, the income did not meet 125% of the poverty guidelines for the petitioner/sponsor household size.

Submit evidence of assets that meet the standards listed below or obtain a joint sponsor. Assets must equal the stated difference between the petitioners household income and 125% of the poverty guidelines

Assets must equal the difference for applicants filling as orphans.

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

Evidence of assets includes:

Bank statement coveilast 12 months

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.

If you decide to obtain a joint sponsor they will need to

File form I-864

Provide copies of their most recent federal income tax return

Provide copies of all supporting tax documents (w-2, 1099, form 2555 ad tax schedule)

Provide evidence of their status as a United States citizen, lawful permanent resident or United States National.

Now what is interesting is the evidence to be submitted for sponsor are highlighted in yellow and in human handwriting in a red pen writes 2015.

As I stated my husband made $29996 last year and this year currently he has made $29033. I work also and I made over $40000 last year. Maybe I should include my income as assets. So I went over the I-864 that I submitted and filled out. Part 6 #2 it ask my current individual annual income is: I filled out $30000 because I was rounding what he will make for the year.

I filled they received it July 29. I also filled out the AP. I called them last week regarding Ap coz it has been over 90 days and the second level officer says that according to the computer I need to wait 57 more days. It's within normal processing time. Am like it's just a travel document it should not be 6 months and she said only work permits are within 90 days.

[Pakapoa 0]

Oh and am in Florida so I fall under Contiguous States.

[Usagi_tsukino 89]

As i said, it must be the same thing that happened to us: mistake on their part. Your husband needs to be making 25.200 and he does. You have nothing else to do but resubmit the the papers, either by yourself or get a lawyer, at least consult with a lawyer if you don't want one to represent you. He will tell you what else can you submit as a proof of income.