RFE for AOS HELP!!!

[rachied26 127]

Hello all this is going to be a long question but I am hoping someone maybe able to assist me. So we filed for AOS last month and i just received an RFE for i765. 

 

It basically reads this... 

 So this is what it says we need to do:

- The sponsors household size on the petitioners form i-864 affidavit of support ( Revision date 07/02/15) was calculated incorrectly or not completed. A household size of o or 1 is not acceptable. the petitioner/ sponsor must correct / complete this and return page 4 of form 1-864. 

-Submit all supporting tax documents (W2s, 1099s, form 2555 and all supporting document, submitted to the internal revenue service for the most recent tax year. the joint sponsor must submit all supporting tax documents for the most recent tax year. 

- Based on the documents submitted with the form i864, for the joint sponsor, the income did not meet 125% of the poverty line for the joint sponsor household size. submit evidence of assists that meet the standards listed below or obtain a different joint sponsor. 

 

 

So I'm confused. Because my husband was in England with me last year so didn't work in the US, hence why we used his dad as an additional sponsor. His dad lives alone in Georgia (So when it says a household of 1 is not acceptable, I'm not too sure because he is a household of 1). he earns 55k a year which is well above the GA poverty line.  Also we defiantly sent W2s for the last 5 years, a letter from his bank saying how much money goes in every month etc, letter from his job etc. The only thing I think it can be is that my husband and I moved to Florida (So will that affect the decision because were not in the same household?), my husband just found a job but when we filed he was just down as a student becausee he wasn't working at that time. I;m not sure if this is making sense, I'm so confused. Is there a number i can call them on? 

 

Thanks in advance. 

[Khallaf 650]

2 minutes ago, rachied26 said:

Hello all this is going to be a long question but I am hoping someone maybe able to assist me. So we filed for AOS last month and i just received an RFE for i765. 

 

It basically reads this... 

 So this is what it says we need to do:

- The sponsors household size on the petitioners form i-864 affidavit of support ( Revision date 07/02/15) was calculated incorrectly or not completed. A household size of o or 1 is not acceptable. the petitioner/ sponsor must correct / complete this and return page 4 of form 1-864. 

-Submit all supporting tax documents (W2s, 1099s, form 2555 and all supporting document, submitted to the internal revenue service for the most recent tax year. the joint sponsor must submit all supporting tax documents for the most recent tax year. 

- Based on the documents submitted with the form i864, for the joint sponsor, the income did not meet 125% of the poverty line for the joint sponsor household size. submit evidence of assists that meet the standards listed below or obtain a different joint sponsor. 

 

 

So I'm confused. Because my husband was in England with me last year so didn't work in the US, hence why we used his dad as an additional sponsor. His dad lives alone in Georgia (So when it says a household of 1 is not acceptable, I'm not too sure because he is a household of 1). he earns 55k a year which is well above the GA poverty line.  Also we defiantly sent W2s for the last 5 years, a letter from his bank saying how much money goes in every month etc, letter from his job etc. The only thing I think it can be is that my husband and I moved to Florida (So will that affect the decision because were not in the same household?), my husband just found a job but when we filed he was just down as a student becausee he wasn't working at that time. I;m not sure if this is making sense, I'm so confused. Is there a number i can call them on? 

 

Thanks in advance. 

from my understanding since he will be supporting all 3 of you it needs to be listed as such for 3 not 1

[rachied26 127]

But 2015, he did live alone and I dunno he technically still does not because we don't live with him? 

 

Just wondering i know this is for the form i765 but i also applied for advanced parole and work authorisation card at the same time, will this effect those as well? I went for my biometrics appointment yesterday.

[Crazy Cat 41,884]

15 minutes ago, rachied26 said:

But 2015, he did live alone and I dunno he technically still does not because we don't live with him? 

 

Just wondering i know this is for the form i765 but i also applied for advanced parole and work authorisation card at the same time, will this effect those as well? I went for my biometrics appointment yesterday.

Sounds like the household size would be at least 3.......check this out  https://www.***removed***/affidavit-of-support/household-size.html

[John & Rose 7,239]

16 minutes ago, rachied26 said:

But 2015, he did live alone and I dunno he technically still does not because we don't live with him? 

 

Just wondering i know this is for the form i765 but i also applied for advanced parole and work authorisation card at the same time, will this effect those as well? I went for my biometrics appointment yesterday.

You have to include yourself and your fiancé with the co-sponsor.  It is a household of 3 so that determines the minimum requirement.  That is 125% of poverty level.  Also, they are very careful because the co-sponsor for AOS is enforceable where the K-1 co-sponsor is not.

[Wuozopo 4,293]

I answered your same question in your other thread. http://www.visajourney.com/forums/topic/662274-rfe-i485/

 

[Michelle13 39]

If he is sponsoring you, you are considered coming "under his household" (In USCIS' eyes)  As in USCIS needs to know that he can provide for himself, you, and your husband to qualify. 

 

At the very minimum it would be 2: you and the sponsor.  But it does sound like your husband would be the three of you.