AOS RFE REQUEST

[Diome 2]

I co-sponsor my Nephew and his wife with an Income with joint income with my wife $95k in 2016, and 65k in 2015, and 88k in 2014 income tax transcripts attached with my I 134. Today I received a letter from USCIS that I should summit 6 months pay stubs and form 1040 and letter from my employer and assets . I don't have any assets except my house not yet paid for. In the second page it says I did not meet the required 125% poverty line.

Can someone help why I did not meet the income poverty 125% with such income . My number of household is 6 total including the sponsor .

Can I get another additional co sponsor for him. is it possible to have 2 co sponsor for. one applicant:?

I don't what his case denial after summit all this documents. Can he use someone else with same income with 3 household numbers.  Is it possible at this point for him to change co sponsor ?

 

[Scandi 4,180]

They always add the "doesn't meet the poverty limit" when there's something else that is wrong with the i-864 or its supporting documents - in your case missing paystubs, tax return and letter from employer. You don't need to show assets if you meet the poverty limit, they just list it as one thing you can show them if you don't earn enough.

 

So yeah, if you're sure that you meet the poverty limit you can just ignore where they state that you don't as it's just a generic response. Just send the rest of what they asked for.

 

And I think you need the i-864, not the i-134.

Edited May 13, 2017 by Scandi

[lacolinab13 86]

It sounds like you do meet the requirements. I think the RFE you received is that you need to send in more evidence to document your income. I would re-send the I-864 (assuming you mean I-864 and not I-134) with the three transcripts, the requested 2016 1040 or full tax return, the requested 6 months of paystubs and the letter from your employer.

 

(My father was a joint sponsor for my husband. We submitted three years of tax returns, an employment letter and 3 months of pay stubs. We got a similar letter saying "the income was listed as sufficient but no evidence was submitted". Resubmitted transcripts, full 2015 tax return, employment letter and 9 months of paystubs, and that seemed to do the trick). 

 

While there can be several joint sponsors, each individual joint sponsor has to meet the income/asset requirements for his/her household size, so getting an additional joint sponsor for your nephew would not be helpful, given that you do meet the requirements. 

[Diome 2]

Thank you guys. Yes I filed I 864 but my wife income was part of my income . Did I need to include my wife paystubs, letter of employment ? . Do we need to fill I 864A too? But we only have one form 1040 for each year filling jointly as husband and wife.  I am confused. I don't want my Nephew case denied.

[arken 4,197]

6 minutes ago, Diome said:

Thank you guys. Yes I filed I 864 but my wife income was part of my income . Did I need to include my wife paystubs, letter of employment ? . Do we need to fill I 864A too? But we only have one form 1040 for each year filling jointly as husband and wife.  I am confused. I don't want my Nephew case denied.

If you are the joint sponsor, you need to fill in i864 and your wife needs to fill i864A since you are including her income. If you are using the income of both of you, you need to provide the proof of income for both of you. For both, paystubs, letter of employment. 

[lacolinab13 86]

Just now, arken said:

If you are the joint sponsor, you need to fill in i864 and your wife needs to fill i864A since you are including her income. If you are using the income of both of you, you need to provide the proof of income for both of you. For both, paystubs, letter of employment. 

Agreed. 

[ASMS 86]

9 hours ago, lacolinab13 said:

While there can be several joint sponsors, each individual joint sponsor has to meet the income/asset requirements for his/her household size, so getting an additional joint sponsor for your nephew would not be helpful, given that you do meet the requirements. 

Every applicant can have only 1 joint sponsor, not more than 1 at the same time.

The only situation when is technically possible is when you select a joint sponsor that is marriage and filling taxes jointly, so you count the income of her/his husband/wife, but it also means you count this person in the household.

 

Just to make sure, analyze again if according to your household size, your income meet the minimum requirements for sponsoring.

[Diome 2]

Thank you guys! I am a sales man only on commision but I have been on my current job for one and half year with good income. Would that affect me on the job letter required by Uscis from my employer about my name' title, how long I have been on the job and salary and hours I work as a commission employee?

 

Edited May 13, 2017 by Diome

[Diome 2]

Thank you guys! Again as a sales man only on commision but I have been on my current job for one and half year with good income will that affect me on the job letter required by Uscis from my employer about my name' title, how long I have been on the job and salary and hours I work as a commission employee?