Rre received

[Nazir1125 0]

I received this Rfe, I filed the I-864EZ for the affadavit of support. Currently I make 27k for the current year of 2018. When I file in December 2017 I filed with employment letter, 2 paystubs from December 2017 (when I applied) , and 3 years w2 and 2 year (2016,2015) federal return 2014 I did not need to file. A letter was attached explaining why. In these last 3 years I did not meet the poverty line at 125%, however, I currently make well over the poverty guideline for 2 in a household. My lawyer is telling me they made a mistake and they look at my current Annual income to determine if I can support my husband financially. And he's not sure why I received this. He has requested I submit my 2017 tax return (which is still under ther 125%) and most recent paystubs. 

 

 

I was wondering if anyone had something similar happen to them? And if I resubmit what my lawyer says will they deny my case? 

 

 

 

[GEOntificator 281]

5 minutes ago, Nazir1125 said:

I received this Rfe, I filed the I-864EZ for the affadavit of support. Currently I make 27k for the current year of 2018. When I file in December 2017 I filed with employment letter, 2 paystubs from December 2017 (when I applied) , and 3 years w2 and 2 year (2016,2015) federal return 2014 I did not need to file. A letter was attached explaining why. In these last 3 years I did not meet the poverty line at 125%, however, I currently make well over the poverty guideline for 2 in a household. My lawyer is telling me they made a mistake and they look at my current Annual income to determine if I can support my husband financially. And he's not sure why I received this. He has requested I submit my 2017 tax return (which is still under ther 125%) and most recent paystubs. 

 

 

I was wondering if anyone had something similar happen to them? And if I resubmit what my lawyer says will they deny my case? 

 

After reading your post I got one question... Why did you need to file I-864EZ and not just I-864? Pardon me if I am missing a detail. I-864 is what we filed as well to support a spouse.

 

 

Edited February 24, 2018 by kvito28

[Nazir1125 0]

11 minutes ago, kvito28 said:

 

I was told it's just an easier form than the I-864. My lawyer filed all the paperwork. That is the form he said we are eligible for. I am trying to sponsor my spouse. 

[EG&XY 144]

11 minutes ago, Nazir1125 said:

I was told it's just an easier form than the I-864. My lawyer filed all the paperwork. That is the form he said we are eligible for. I am trying to sponsor my spouse. 

You don’t file the 864ez just because it is easier, you have to satisfy the criteria that they specify. It seems that they are saying that you don’t meet the criteria.

 

According to the instructions you must meet these criteria to use 864ez:

You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who  led or is  ling Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employ

 

 

The problem is you don’t meet #3, your w-2 that you sent does not meet the criteria. So you either need to send one that does (assuming your 2017 w-2 is enough) or file the 864 (not the ez version).

[Nazir1125 0]

45 minutes ago, EG&XY said:

You don’t file the 864ez just because it is easier, you have to satisfy the criteria that they specify. It seems that they are saying that you don’t meet the criteria.

 

According to the instructions you must meet these criteria to use 864ez:

You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who  led or is  ling Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employ

 

 

The problem is you don’t meet #3, your w-2 that you sent does not meet the criteria. So you either need to send one that does (assuming your 2017 w-2 is enough) or file the 864 (not the ez version).

Thank you so much! I have been going crazy on what to do. With lawyer telling me just my income matters. It makes sense now MY lawyer filed the wrong form.

 

thank you again you have relieved a week long constant headache I've had over this whole situation. If I file the I-864 with my current income proofs will everything be Suffieient enough? They will not use my previous taxes to determine if I meet the 125% poverty line just my current income correct?

[EG&XY 144]

On 2/24/2018 at 9:07 AM, Nazir1125 said:

Thank you so much! I have been going crazy on what to do. With lawyer telling me just my income matters. It makes sense now MY lawyer filed the wrong form.

 

thank you again you have relieved a week long constant headache I've had over this whole situation. If I file the I-864 with my current income proofs will everything be Suffieient enough? They will not use my previous taxes to determine if I meet the 125% poverty line just my current income correct?

So any documents (w-2's) that you have, including the w-2 for 2017, do not show you making >125% of the poverty level? If not then you will need to use the i-864.

 

But that being said, how are you going to make up the difference? I'm not sure that they (particularly the CO at the visa interview) will accept that you have one or two paystubs for this year now showing that your income is higher and should be above the 125% level this year. If you are using the i-864 then you will also be able to include assets (savings, etc.) to help make up the difference. But be aware, when using assets to make up the difference you need something like 3x to 5x that value in assets. For example, if the 125% poverty level were $30,000 and your annual income were only $25,000, then you would need another $5,000 to reach the minimum cut-off. However, if using assets to make up that difference, you would really need to have ~$15,000 to $25,000 (3x to 5x of $5,000) in assets to cover that difference.

 

Alternately, have you considered using a co-sponsor?