AOS RFE Affidavit - Advice Needed

[StokesA92 36]

Hello all, 

 

First off a little information. I moved here last year with a K1 visa in August, my wife and I were married in September and our NOA1 for my AOS paperwork was received December 3rd, 2018. 

 

We received an RFE today stating that my wife is under the 125% federal poverty guideline for our household size as per the documentation we sent with our original packet. The letter we received talks a lot about a "Joint Sponsor" however, since filing taxes for the latest year (2018) her income due to promotions and assets now exceeds the 125% poverty guideline. We are absolutely able to find a Joint Sponsor if needed, however we are both 150% confident we do not need a sponsor at all due to wage changes. 

The part where we need advice; the letter does not clearly state whether or not we are able to reply with the current financial situation and squeak through with that, rather it asks for a latest year tax slip + information pertaining to a Joint Sponsor. 🤷‍♂️

I plan on calling and hearing what they have to say about this and will update, but was curious if any one else has been in a similar situation and which way is the correct way to go about it. 

 

If I left out any vital information in this post please let me know in a reply and I will correct it.

Thank you for reading!

[Ben&Zian 4,398]

~Moved to Adjustment of Status Case Filing and Progress Reports~

 

While generally you always respond with only the information asked, I would definitely try calling and seeing if you're able to talk to someone and get info or an answer, but most likely will just receive generic responses, but worth a try.

Edited May 13, 2019 by Ben&Zian

[Ash&Jaye 159]

We had something kind of similar happen to us. When we originally filed, I wasn't working, so we needed a joint sponsor. And I didn't send an I-134 for myself. Just the sponsor. Come to find out that I actually did. So when the RFE came, I was employed at a job making over 125%, but just to be safe we sent both the joint sponsor paperwork and mine as well.

 

I know that is super confusing so I hope it make sense!

 

My advice would be to definitely call! But if you don't get any direct answers, use your joint sponsor as well. Better safe than sorry! 

[StokesA92 36]

Update on this situation;

 

We decided to go ahead and send in just the updates to financial with some extra pay stubs and a letter from my Wife's employer. 

It was accepted, finally!

Now to try and find a doctor for medical examination before October 1st in rural Oregon. 🙄