Received RIE for AOS

[M&JB 80]

Okay. So today, I got a Request for Initial Evidence on my AOS application. I filed July 8 and I’m only hearing about RIE now. 

 

It says on the letter that my petitioner’s income didn’t meet the 125% of the poverty guideline. Household is 4, so 125% is $30,750. ( accdg to the uscis website )

 

Here is the story: I’ve been out of status for 3 years and 11 months before I filed for AOS. My husband was waiting for SSDI approval the whole time I was out of status. So, in short, he got approved just recently so we were able to file. He is receiving $1290 for himself and $692 for our two kids. ( am I even allowed to count our kids on my husband’s income? ) If not, then clearly $1290 ( $15,480 / year ) is far to being enough. 

 

It also says on the letter that we can submit evidence of assets. It said, “Assets must equal three times the difference for a spouse of a USC.” Can someone elaborate this for me?

 

We can also submit bank statements covering the last 12 months. Well the thing is, since he was waiting for SSDI approval the whole time, he didn’t have enough money or bank statements for the last 12 months. 

 

Or the easy way, I guess, is we can also have a joint sponsor. If we choose this, do they have to be related to me or my husband? Do they have to be living with us to qualify as a sponsor?

 

Or we are officially f*cked right now? Advise, please. Thanks.

 

 

[Suss&Camm 2,213]

24 minutes ago, Ehri&Mark said:

Okay. So today, I got a Request for Initial Evidence on my AOS application. I filed July 8 and I’m only hearing about RIE now. 

 

It says on the letter that my petitioner’s income didn’t meet the 125% of the poverty guideline. Household is 4, so 125% is $30,750. ( accdg to the uscis website )

 

Here is the story: I’ve been out of status for 3 years and 11 months before I filed for AOS. My husband was waiting for SSDI approval the whole time I was out of status. So, in short, he got approved just recently so we were able to file. He is receiving $1290 for himself and $692 for our two kids. ( am I even allowed to count our kids on my husband’s income? ) If not, then clearly $1290 ( $15,480 / year ) is far to being enough. 

Yes, count all income.

Quote

It also says on the letter that we can submit evidence of assets. It said, “Assets must equal three times the difference for a spouse of a USC.” Can someone elaborate this for me?

If he makes $15k and you need $30k to make 125%, then you need to show 3x ($30k-$15k) = $45k in assets to qualify.

Quote

We can also submit bank statements covering the last 12 months. Well the thing is, since he was waiting for SSDI approval the whole time, he didn’t have enough money or bank statements for the last 12 months. 

Bank statements only matter for assets. (Or proof of bonafide relationship but that has nothing to do with the i864)

Quote

Or the easy way, I guess, is we can also have a joint sponsor. If we choose this, do they have to be related to me or my husband? Do they have to be living with us to qualify as a sponsor?

Any USC or LPR that makes enough for their household +1 (you)

Quote

Or we are officially f*cked right now? Advise, please. Thanks.

 

 

Circumventing the VJ language filter is against TOS.

Edited October 10, 2017 by Suss&Camm

[M&JB 80]

26 minutes ago, Suss&Camm said:

Yes, count all income.

If he makes $15k and you need $30k to make 125%, then you need to show 3x ($30k-$15k) = $45k in assets to qualify.

Bank statements only matter for assets. (Or proof of bonafide relationship but that has nothing to do with the i864)

Any USC or LPR that makes enough for their household +1 (you)

Circumventing the VJ language filter is against TOS.

Thank you!

[M&JB 80]

53 minutes ago, Suss&Camm said:

Yes, count all income.

If he makes $15k and you need $30k to make 125%, then you need to show 3x ($30k-$15k) = $45k in assets to qualify.

Bank statements only matter for assets. (Or proof of bonafide relationship but that has nothing to do with the i864)

Any USC or LPR that makes enough for their household +1 (you)

Circumventing the VJ language filter is against TOS.

One more thing, if we choose to get a joint sponsor, by the name itself “joint” means they will still count my husband’s income and just get the missing amount to meet the guideline from my sponsor. Is that correct?

[Suss&Camm 2,213]

57 minutes ago, Ehri&Mark said:

One more thing, if we choose to get a joint sponsor, by the name itself “joint” means they will still count my husband’s income and just get the missing amount to meet the guideline from my sponsor. Is that correct?

No, your husband still need to submit an i864 as the main sponsor. The JOINT sponsor also fills out an i864 and needs to cover the WHOLE amount though. Unless it's a qualified member of your household in which case that member would file an i864a.

[M&JB 80]

11 minutes ago, Suss&Camm said:

No, your husband still need to submit an i864 as the main sponsor. The JOINT sponsor also fills out an i864 and needs to cover the WHOLE amount though. Unless it's a qualified member of your household in which case that member would file an i864a.

Huh. So basically if I get a joint sponsor my husband’s income doesn’t do anything at all. Can I have more than one joint sponsor or only one?

[Suss&Camm 2,213]

No. From the instructions:

"What If I Cannot Meet the Income Requirements?
If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or

4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)"

 

"What Is a Joint Sponsor?
If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a joint sponsor who can meet the requirements may submit Form I-864 to sponsor all or some of the family members.
A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor. Any dependents applying for an immigrant visa or adjustment of status more than six months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.

NOTE: Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used. The petitioning sponsor must also provide his or her Federal income tax return for the most recent tax year with supporting tax documents unless otherwise not required to file a Federal income tax return for the most recent tax year."

 

Edited October 11, 2017 by Suss&Camm

[M&JB 80]

14 hours ago, Suss&Camm said:

No. From the instructions:

"What If I Cannot Meet the Income Requirements?
If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or

4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)"

 

"What Is a Joint Sponsor?
If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a joint sponsor who can meet the requirements may submit Form I-864 to sponsor all or some of the family members.
A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor. Any dependents applying for an immigrant visa or adjustment of status more than six months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.

NOTE: Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used. The petitioning sponsor must also provide his or her Federal income tax return for the most recent tax year with supporting tax documents unless otherwise not required to file a Federal income tax return for the most recent tax year."

 

Thank you for all the informations! I will look more into that. Just another question, if we are short of for example, $3000 to meet the poverty guideline ( after counting all the income and assets ) can we like deposit this certain amount on my husband’s bank and we’ll be okay? The RFIE letter we received said: “Bank statement covering 12 months.” What if my husband just had his bank account for a few months since he just got approved for SSDI recently? Will a few months of bank statement be enough PLUS if we just deposit the certain amount missing? Thank you so much.

[Suss&Camm 2,213]

33 minutes ago, Ehri&Mark said:

Thank you for all the informations! I will look more into that. Just another question, if we are short of for example, $3000 to meet the poverty guideline ( after counting all the income and assets ) can we like deposit this certain amount on my husband’s bank and we’ll be okay? The RFIE letter we received said: “Bank statement covering 12 months.” What if my husband just had his bank account for a few months since he just got approved for SSDI recently? Will a few months of bank statement be enough PLUS if we just deposit the certain amount missing? Thank you so much.

Cash is assets, it's covered by the 3 x rule - they want to see that the money has not been just recently deposited. I can't tell you how many months will be Ok, they generally ask for the 12 months statements but it's ultimately up to the IO. You do however need three times whatever is not covered by income, in assets (including savings). If you live in a house you can have it appraised for the asset part, same if you have two or more cars you can have all but one of them appraised (if you only have one you can't use that). Do you really not know anyone that can help you as a joint sponsor?

[M&JB 80]

30 minutes ago, Suss&Camm said:

Cash is assets, it's covered by the 3 x rule - they want to see that the money has not been just recently deposited. I can't tell you how many months will be Ok, they generally ask for the 12 months statements but it's ultimately up to the IO. You do however need three times whatever is not covered by income, in assets (including savings). If you live in a house you can have it appraised for the asset part, same if you have two or more cars you can have all but one of them appraised (if you only have one you can't use that). Do you really not know anyone that can help you as a joint sponsor?

I have one-two persons to ask to be a joint sponsor ( husband and wife ). If I do end up asking them, the household size is gonna be mine and theirs, is that correct? So if I have 4 and they have 2, it will be for household of 6 now? And whatever income needed on houselhold of 6?

[Suss&Camm 2,213]

2 minutes ago, Ehri&Mark said:

I have one-two persons to ask to be a joint sponsor ( husband and wife ). If I do end up asking them, the household size is gonna be mine and theirs, is that correct? So if I have 4 and they have 2, it will be for household of 6 now? And whatever income needed on houselhold of 6?

You have children with you that also are being sponsored?

[M&JB 80]

1 minute ago, Suss&Camm said:

You have children with you that also are being sponsored?

My husband and I have two kids ( so we are household of 4 as of the moment ) but they were born here so it’s only me applying for AOS, if that is what you meant?

[Suss&Camm 2,213]

5 minutes ago, Ehri&Mark said:

My husband and I have two kids ( so we are household of 4 as of the moment ) but they were born here so it’s only me applying for AOS, if that is what you meant?

You are the only one that needs sponsoring so the household for the AOS would be your friends plus you =3 for their i864. Remember your husband still needs to fill out one as main sponsor even though his income isn't what will be looked at. Also if you are using your friends joint income then one of them needs to fill out the i864 and the other one an i864a. If one of their incomes is enough then that person needs only fill out the i864 (still your husband's fills his out)

Edited October 11, 2017 by Suss&Camm

[M&JB 80]

2 minutes ago, Suss&Camm said:

You are the only one that needs sponsoring so the household for the AOS would be your friends plus you =3

Oh, goodness. I didn’t know that. So if I check the guideline I will only look at household of 3? 

 

Question: when I filed, I put household of 4 ( because I thought it’s counting whoever lives together ), could it be that I made a mistake that I should have put household of 1 ( for me) and checked the poverty guideline wrong as well? 

[M&JB 80]

6 minutes ago, Suss&Camm said:

You are the only one that needs sponsoring so the household for the AOS would be your friends plus you =3

This was what I filed on the I-864. 

On the number 8, I was all wondering why it won’t let me put 4 when I put 2 dependent children. I wrote “4” on it using a pen when I filed it. Did I do a mistake?