RFE for I-864 due to income not met 125 percent of federal poverty guideline

[mydas28 19]

I got an RFE on my I-864 due to income not met. My wife's (USC) income is approximately 17k/year. I'm on my H1B visa and my income is approximately 70k/year. I submitted both our tax documents, pay stubs, employment letters and other details with the I-864 application. We have 2 daughters, so we are 4 members in our household. Does my wife's income has to be above the 125% poverty guideline? Does AOS application not consider my income for the 125% poverty guideline? Any clarity will be greatly appreciated. 

[617Haligonian 34]

14 hours ago, mydas28 said:

I got an RFE on my I-864 due to income not met. My wife's (USC) income is approximately 17k/year. I'm on my H1B visa and my income is approximately 70k/year. I submitted both our tax documents, pay stubs, employment letters and other details with the I-864 application. We have 2 daughters, so we are 4 members in our household. Does my wife's income has to be above the 125% poverty guideline? Does AOS application not consider my income for the 125% poverty guideline? Any clarity will be greatly appreciated. 

Are your daughters immigrating with you or are they USCs? 

 

Pulled this from the 864 instructions, trying to determine if you need to file an 864A 

 

 

Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the 
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or 
she obtains lawful permanent resident status.
If the intending immigrant is another relative, there are two requirements:
1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and
2. The intending immigrant must currently live with you in your residence.
Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used 
to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household 
Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the 
contract relates to support for the spouse and/or children.
 

[mydas28 19]

1 minute ago, muricafyeah said:

Are your daughters immigrating with you or are they USCs? 

 

Pulled this from the 864 instructions, trying to determine if you need to file an 864A 

 

 

Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the 
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or 
she obtains lawful permanent resident status.
If the intending immigrant is another relative, there are two requirements:
1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and
2. The intending immigrant must currently live with you in your residence.
Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used 
to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household 
Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the 
contract relates to support for the spouse and/or children.
 

I have a step daughter from my wife and our other daughter is USC.

I spoke with the USCIS officer and they said that i need to provide a proof that my income will still be there once i get lawful residence. will an employment verification letter be sufficient for that proof?

I have been in USA for 7 years now and been working with the same employer for the last 4 years. I thought my tax documents would be enough to show proof of continued employment.   

[617Haligonian 34]

41 minutes ago, mydas28 said:

I have a step daughter from my wife and our other daughter is USC.

I spoke with the USCIS officer and they said that i need to provide a proof that my income will still be there once i get lawful residence. will an employment verification letter be sufficient for that proof?

I have been in USA for 7 years now and been working with the same employer for the last 4 years. I thought my tax documents would be enough to show proof of continued employment.   

If I'm reading your post right, both of your girls are USCs so you're going through the process alone. That would rule out needing the 864A. 

 

Glad you were able to get some info from them on what they wanted. An employment verification letter doesn't hurt to have. Not exactly sure what they're looking for criteria wise to fulfill that. I sponsored my husband's AOS and wound up giving paystubs for the last 6 months, tax returns for the last 3 years, a copy of my performance review (shows I'm not in poor standing at work, not likely to be let go etc), and an employment verification letter stating my start date, position and salary. Not all of that was explicitly required but probably doesn't hurt to have as much proof as you can. 

[Moe428 129]

I am in the same position as you.  They have sent an RFIE to me, but for other reasons not to do with I-864.  In the initial package I sent a letter from the employer, as well as my paystubs for 3 months prior, and jointly filed tax return, and so far that's been enough to prove that my job can continue after being a LPR.

Edited October 11, 2019 by Moe428

[mydas28 19]

6 minutes ago, muricafyeah said:

If I'm reading your post right, both of your girls are USCs so you're going through the process alone. That would rule out needing the 864A. 

 

Glad you were able to get some info from them on what they wanted. An employment verification letter doesn't hurt to have. Not exactly sure what they're looking for criteria wise to fulfill that. I sponsored my husband's AOS and wound up giving paystubs for the last 6 months, tax returns for the last 3 years, a copy of my performance review (shows I'm not in poor standing at work, not likely to be let go etc), and an employment verification letter stating my start date, position and salary. Not all of that was explicitly required but probably doesn't hurt to have as much proof as you can. 

yes, both my daughter's are USC

 

I sent in both our last 3 years tax returns, her employment verification letter, both our last 3 months paystubs. The only thing i think i missed out was our W2 and my employment letter. 

I am sending all those again and the missing documents with the RFE next week. i am even including the tax return transcripts and income transcripts from the IRS website for both of us, just in case.

[mydas28 19]

5 minutes ago, Moe428 said:

I am in the same position as you.  So far they have sent an RFIE for other reasons but not for I-864.  I sent a letter from the employer, as well as my paystubs, and so far that's been enough to prove that my job can continue after being a LPR.

I guess that i missed out my employment letter and that caused the RFE. i have requested one from my employer and should get it soon.

[Moe428 129]

9 minutes ago, mydas28 said:

I guess that i missed out my employment letter and that caused the RFE. i have requested one from my employer and should get it soon.

I should also add, I sent jointly filed tax return from 2018 as well.

[mydas28 19]

Just now, Moe428 said:

I should also add, I sent jointly filed tax return from 2018 as well.

I wish i could send that but we got married in June 2019, so haven't filled any joint tax returns yet

[Moe428 129]

5 minutes ago, mydas28 said:

I wish i could send that but we got married in June 2019, so haven't filled any joint tax returns yet

Yeah, it's probably not necessary.  You could send individual tax returns if you have those.  But employment letter is most important.

[mydas28 19]

After carefully screening my submitted I-864, i realized that i did not check the Part 6, Qn 22. Could be one of the reasons for RFE.