Is Joint sponsor only option if income does not meet 125%?

[Chew! 1]

Im married USC and have filed for GC. I just got second pink RFE this time, requesting I-864. We did find a person who is willing to sponsor us but the sponsor's income does not help us meet the 125% poverty guideline (the 2017 one is higher than 2016, right?). 

I have some money in my bank and if my husband and I add all what we have together, it brings us up to 5* difference. Would it be better for us to open joint account or should I transfer all mine to his account to meet the poverty guideline? 

 

For the first REF, I mailed all of my husband's saving and checking bank statements including his business and personal and mine, personal. Also, I mailed my proof of condo ownership as well. 

I dont understand why they are requesting again (of course they say income does not meet) and am super frustrated. And definitely I dont want to hear any negative news from USCIS! 

 

Can anyone please help me out??????????????????????? PLEASE!!!!!!!!!!!!!!!!

[iwannaplay54 985]

21 minutes ago, Chew! said:

Im married USC and have filed for GC. I just got second pink RFE this time, requesting I-864. We did find a person who is willing to sponsor us but the sponsor's income does not help us meet the 125% poverty guideline (the 2017 one is higher than 2016, right?). 

I have some money in my bank and if my husband and I add all what we have together, it brings us up to 5* difference. Would it be better for us to open joint account or should I transfer all mine to his account to meet the poverty guideline? 

 

For the first REF, I mailed all of my husband's saving and checking bank statements including his business and personal and mine, personal. Also, I mailed my proof of condo ownership as well. 

I dont understand why they are requesting again (of course they say income does not meet) and am super frustrated. And definitely I dont want to hear any negative news from USCIS! 

 

Can anyone please help me out??????????????????????? PLEASE!!!!!!!!!!!!!!!!

 

I am wondering - did the original I-485 include both income and asset information? 

[Chew! 1]

8 minutes ago, iwannaplay54 said:

 

I am wondering - did the original I-485 include both income and asset information? 

Hello! when I first submitted the I-485 (I-130 and I-485 were submitted together with EAD and Advanced patrol/ I-130 has been approved, EAD and Advanced patrol were approved right before they request the RFE but I have not received yet), I made a mistake, I thought annual income was same as gross income (if it were gross income, it would have been super great and easy!). So I had to redo it, the AOS part and found out that our income is short. So I sent with all the possible evidence but they still request more   Super Sad and Huge Headache

[xillini 71]

So it seems you are in similar situation to mine, which USCIS issued RFIE and I responded to this with my financial assets.

From the initial filing, I did my case with experienced attorney, who practiced only family-based immigration for 10 years, and here is what he advised me

(BTW, If your spouse is USC, you need to prove only 3 times difference)

 

1. You need to make sure the source of the financial assets is confirmed

-From 2 years ago , I had tax receipt that I paid for the gift money, which was used as financial assets, to respond RFIE.

My attorney advised at least one year of ownership for the financial assets needs to be demonstrated

 

2. You need to write the cover letter explaining specifically how financial assets are meeting the FPG from the difference

My attorney wrote almost 5 pages of cover letter detailing the circumstances and how my financial assets are originated (such as tax receipt) and from my USC spouse income, how the financial assets are offsetting the differential, very specifically with all calculations involved. He said "USCIS doesn't want to understand this part, so it should be very detailed in order that USCIS does nothing but take the credits"

 

At this point, I would highly recommend to respond RFE with experienced immigration lawyers because it might be tough. I am in belief that immigration legal status can't be bought out by finance, meaning that money is not issue for legal status as time can't be bought by money, we all live 24 hrs whether someone makes minimum wage, or B. Gates, US Citizen, or Illegal immigrants. 

 

But if ever you still go without attorney, then the take-away points that I mentioned above is the basic and general statement.

 

[Chew! 1]

26 minutes ago, xillini said:

So it seems you are in similar situation to mine, which USCIS issued RFIE and I responded to this with my financial assets.

From the initial filing, I did my case with experienced attorney, who practiced only family-based immigration for 10 years, and here is what he advised me

(BTW, If your spouse is USC, you need to prove only 3 times difference)

 

1. You need to make sure the source of the financial assets is confirmed

-From 2 years ago , I had tax receipt that I paid for the gift money, which was used as financial assets, to respond RFIE.

My attorney advised at least one year of ownership for the financial assets needs to be demonstrated

 

2. You need to write the cover letter explaining specifically how financial assets are meeting the FPG from the difference

My attorney wrote almost 5 pages of cover letter detailing the circumstances and how my financial assets are originated (such as tax receipt) and from my USC spouse income, how the financial assets are offsetting the differential, very specifically with all calculations involved. He said "USCIS doesn't want to understand this part, so it should be very detailed in order that USCIS does nothing but take the credits"

 

At this point, I would highly recommend to respond RFE with experienced immigration lawyers because it might be tough. I am in belief that immigration legal status can't be bought out by finance, meaning that money is not issue for legal status as time can't be bought by money, we all live 24 hrs whether someone makes minimum wage, or B. Gates, US Citizen, or Illegal immigrants. 

 

But if ever you still go without attorney, then the take-away points that I mentioned above is the basic and general statement.

 

 

Hello Xillini,

 

Thank you for the great information! 

Can you tell me when you filed? n if you dont mind, can I have the lawyer's information?

[xillini 71]

9 hours ago, Chew! said:

 

Can you tell me when you filed? n if you dont mind, can I have the lawyer's information?

I got RFIE around 02/2017. I waited for EAD/AP until 05/2017 because once EAD/AP had been issued, I could have used my own income to meet FPG (at the time, I was working as OPT EAD, and my employer is more than happy to continue working with me). But later when I made service inquiry, the mailed notice states that "due to RFIE, all other associated applications are currently on hold", meaning that they would not process me EAD/AP until RFIE was resolved (which was contradictory from my attorney's advice and other immigration experience sharing website like VJ, who advised me "because I-485 is completely different process than I-765 with each different USCIS department taking on, even if I-485 is on RFE, I-765 still goes"). But again USCIS did not proceed I-765 review from my AOS. 

 

Anyway I was like "whatever", and on the mean time I and my attorney spent a week to elaborate the respond to RFIE with financial assets. 

 

To my particular case, my RFIE was resolved quickly because I had addressed the concerns that USCIS unfairly issued RFIE even if I did make my OPT EAD income authorized by USCIS, and due to RFIE holding EAD/AP, I may lose employment, which provided me and my spouse for great benefits such as health insurance, emphasizing that without USCIS's proper action, it was not only about me losing employment but, more importantly, about USC spouse's great loss with no health insurance from my employer, which would be why it is urgent issue for the congress's office to look out. Additionally, I addressed that I was using USCIS's its own form, I-9, with OPT EAD, and demonstrated to congressman's office that even if my OPT income was lawfully earned, USCIS DID issue RFIE, saying that they can't accept this OPT EAD income

 

Although I and my attorney didn't formally complains USCIS about its fault, talking to congressman's office about questionable practice and interpretation of lawfully earned income was challenged and helped, which is why I think my case RFIE was quickly resolved and on the same time I was scheduled for interview with my spouse.

 

Just for timeline wise, 

02/XX/17, RFIE was issued

03/31/17, Requested SR and received notice that "all other applications are on hold due to RFIE in I-485"

04/XX/17, Send respond to RFIE and received by USCIS

05/30/17, Requested congressional help addressing the concerns with detailed cover letter

06/XX/17, USCIS liason congressional unit notified the congressman's office and me schedule for interview 

07/XX/17, Interview

07/XX+1/17, Card being produced. 

 

Hope this helps

Edited August 24, 2017 by xillini