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Posted

Okay, I am joint sponsor for my wife's (a new citizen) parents.  Their I-485 packages triggered RFEs because as joint sponsor I failed to include:

-proof of my citizenship, easy birth cert.

-supporting evidence of my employment and salary. (I included the last three it's tax transcripts)

I am sending my last 6 months of pay stubs, 2016 W-2, DoD statement of service and military orders (I am active duty).

 

The part that I question is that the last item on the RFE states that the income submitted does not meet 125% of the poverty guideline for my household size and I must submit proof of assets 5x the difference of income vs. poverty guideline.  

 

Me+my wife (no kids)+mother in law+father in law=4.  According to I-864P household size of 4 must meet $30,750. The W-2 I am providing shows taxable income of $78519.60...my math says 255+% > poverty guideline.

 

I think they are saying that  without the supporting evidence the verifiable income was $0.00 and thus failed to meet the 125%.  Now that I am submitting the supporting evidence Do I still need to submit the proof of assets as if I didn't meet the 125%? By that rationale it would be 5x the difference of $0.00 and $30,750 which would be $153,750.00.  I know it sounds nuts but the RFE said to provide everything it asks for...

Filed: AOS (pnd) Country: South Korea
Timeline
Posted

Did you send in the tax returns with w-2? The USCIS wants to know the total adjusted gross income on the tax form. 

 

I think the reason you did not meet the 125% poverty guideline is because you did not send in any supporting documents proving you meet the requirements. 

 

You should get an employment letter, tax returns showing your AGI.

 

 

05/23/2019 I-751 Package Sent Through Fedex

05/24/2019 Packet Delivered to USCIS (Lewisville, TX)

05/31/2019 NOA 1 Received

09/20/2019 Case Status Updated To "Fingerprint Review Was Completed"

09/27/2019 I-797C Hard Copy Received (Letter said no biometric appointment is needed)

11/08/2019 Biometrics Appointment Letter Received (11/19)

 

Posted
 

Did you send in the tax returns with w-2? The USCIS wants to know the total adjusted gross income on the tax form. 

 

I think the reason you did not meet the 125% poverty guideline is because you did not send in any supporting documents proving you meet the requirements. 

 

You should get an employment letter, tax returns showing your AGI.

 

 

I am sending my W-2 with this response. The original submission only had the last three IRS transcripts.

 

I think you are right about why I didn't meet the 125%.

 

Is it net or gross that is calculated? 

Filed: AOS (pnd) Country: South Korea
Timeline
Posted
 

I am sending my W-2 with this response. The original submission only had the last three IRS transcripts.

 

I think you are right about why I didn't meet the 125%.

 

Is it net or gross that is calculated? 

 

Its going to be the adjusted gross income that they are looking at. 

 

"For purposes of this af davit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons ling IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

 

05/23/2019 I-751 Package Sent Through Fedex

05/24/2019 Packet Delivered to USCIS (Lewisville, TX)

05/31/2019 NOA 1 Received

09/20/2019 Case Status Updated To "Fingerprint Review Was Completed"

09/27/2019 I-797C Hard Copy Received (Letter said no biometric appointment is needed)

11/08/2019 Biometrics Appointment Letter Received (11/19)

 

Posted
 

 

Its going to be the adjusted gross income that they are looking at. 

 

"For purposes of this af davit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons ling IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

 

Outstanding, thanks for the clarification!

 
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