Urgent help with RFE for form i-864!!!

[creole_queen 11]

Hello everyone!

On Sept 29, 2017, we've filled for an Adjustment of Status after entering on a K1 visa. After 195 days of waiting they've sent us an RFE letter with those bullet points:

 

• The "Sponsor's Household Size" on the petitioner/sponsor's form I-864, Affidavit of Support (revision date 07/02/2015), was calculated incorrectly or not completed. A household size of 0 or 1 is not acceptable. The petitioner/sponsor must correct and/or complete and return Page 4 of Form I-864.

 

• Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet the 125% of the poverty guideline for the joint sponsor household size. Submit evidence of assets that meet the standards listed below or obtain a different joint sponsor.

.....(see attached file)

If you decide to obtain a joint sponsor they will need:

• File Form I-864, Affidavit of Support (revision date 07/02/2015)
• Provide copies of their most recent Federal income tax returns
• Provide copies of all supporting tax documents (W-2's, 1099's, Form 2555 and tax schedules)
• Provide evidence of their status as a United States citizens, United States National, or Lawful Permanent Resident.

 

Although it's pretty clear what they're asking for, I still have some questions (we can never be too sure)

1- When initially filling the form i-864,  the joint sponsor used his then recent, 2016 income as "Individual Annual Income". The question is: Can my joint sponsor use his 2017 Tax returns Information or simply goes with the prior one?

 

2- The form I-864 has been updated since then. The current version on the uscis website is dated 03/06/2018. That means the 07/02/2015 has been expired and no longer available for download. Should we ignore the fact that they are specifically asking for the 07/02/2015 and just go for the new one?

 

3- The joint sponsor agrees to combine his household income in order the meet the 125% poverty guideline, which he didn't do when he was first filling the form. Isn't it safer to just resubmit the whole form I-864 (with the new revision date) and not just the page 4 asked? Since this change will also have an impact on other pages of the form?

 

I know it's a lot to ask and my questions are kinda confusing, but we've been waiting for so long, I really want to do my best to get everything right. If anyone has experienced this situation or has an idea please let me know.

Thank u already!!!

[Nouchigang 200]

Hello I am only familiar with the household size, if it is just you and your husband and you do not have any kids yet, it should be as followed:

Box 1: 1

Box 2: 1

Box 3 to 7: 0

Box 8: 2

 

This is what we put on our forms and it was accepted

Good luck

[anepo 11]

Woah, they sent you an RFIE really late