RFE for affidavit of support ...please help

[ujones 148]

For a family of 4 ( sponsoring my husband) my total income is above 40 K as I’m retired on disabilty but only a small part of my pension is taxable. I had sent a detailed affidavit explaining that but still got an RFE. Also I hve more than 100 K liquid cash but that’s not taken into consideration either. What do I do now ? I don’t need a joint sponsor as my income itself meet their criteria even though it’s not taxable. What should I do ? Please help

Edited December 9, 2019 by ujones

[SalishSea 17,836]

13 minutes ago, ujones said:

For a family of 4 ( sponsoring my husband) my total income is above 40 K as I’m retired on disabilty but only a small part of my pension is taxable. I had sent a detailed affidavit explaining that but still got an RFE. Also I hve more than 100 K liquid cash but that’s not taken into consideration either. What do I do now ? I don’t need a joint sponsor as my income itself meet their criteria even though it’s not taxable. What should I do ? Please help

What does the RFE say?

[ujones 148]

3 minutes ago, Jorgedig said:

What does the RFE say?

“Based on the documents the net value of assets do not make up the difference between the petitioning sponsors income & the poverty guidelines. So obtain a qualified joint sponsor to support or submit further evidence “

[SalishSea 17,836]

1 hour ago, ujones said:

“Based on the documents the net value of assets do not make up the difference between the petitioning sponsors income & the poverty guidelines. So obtain a qualified joint sponsor to support or submit further evidence “

What exactly did you provide as documentation along with the I-485?

[ujones 148]

8 minutes ago, Jorgedig said:

What exactly did you provide as documentation along with the I-485?

@Jorgedig, I provided my SSDI benefit verification letter, pension verification letter, SSDI award letter , 6 months of bank statement showing deposits of these amounts , investments account & savings account statements for 6 months & an affidavit explaining total income & what amount is taxable & what’s not. Also last 3 yrs of tax transcripts ..

Edited December 9, 2019 by ujones

[SalishSea 17,836]

1 minute ago, ujones said:

@Jorgedig, I provided my SSDI benefit verification letter, pension verification letter, SSDI award letter , 6 months of bank statement showing deposits of these amounts , investments account statements for 6 months & an affidavit explaining total income & what amount is taxable & what’s not. Also last 3 yrs of tax transcripts 

And the tax transcripts show your gross income?  Not just the taxable portion?

[ujones 148]

Just now, Jorgedig said:

And the tax transcripts show your gross income?  Not just the taxable portion?

My tax transcript only shows 25K as gross income as the rest is ssdi beneficiary payment & child support which is not included there. But I hve provided benefit statement on behalf of my kids & my child support documents too 

[SalishSea 17,836]

Just now, ujones said:

My tax transcript only shows 25K as gross income as the rest is ssdi beneficiary payment & child support which is not included there. But I hve provided benefit statement on behalf of my kids & my child support documents too 

Hmm.....this is getting a bit beyond my knowledge base.  I don't know a lot about SSDI.  Are any of your kids close to aging out of the child support agreement?

 

Let's see if @Boiler, @SusieQQQ, @geowrian, @aaron2020 or @Villanelle may have insights.

[Villanelle 4,122]

Well the first thing that stands out to me is only showing 6 months of statements for the assets. Generally you need to show 1 year or more. So theres that... There are also 2 types of disability payments you can get, one is standard SSDI and the other is SSI. I am assuming you are getting standard SSDI and not the SSI (supplemental security income). If so regular SSDI will count and they know its not taxable and still will count as income even though its displayed on a different line on the return/transcript. 

 

it seems you have 25k in some type of retirement/pension income (taxable) and then maybe 10k in SSDI and then 5 in child support?  The retirement income + SSDI will definitely count. The child support can technically count but they can use discretion in considering it overall because unlike your pension or disability it will stop when the children become of age (which can be sooner the the shortest time the aff of support can be in effect for). But the child support amount based on the figures I am using is really a minimal amount and shouldnt make that much of a difference if its not considered. 

 

For a spouse you need to show 3x in assets so 100k should make up for apx 33k deficit. I believe the issue is probably not sending in a years worth of proof of the assets. 

[ujones 148]

26 minutes ago, Villanelle said:

Well the first thing that stands out to me is only showing 6 months of statements for the assets. Generally you need to show 1 year or more. So theres that... There are also 2 types of disability payments you can get, one is standard SSDI and the other is SSI. I am assuming you are getting standard SSDI and not the SSI (supplemental security income). If so regular SSDI will count and they know its not taxable and still will count as income even though its displayed on a different line on the return/transcript. 

 

it seems you have 25k in some type of retirement/pension income (taxable) and then maybe 10k in SSDI and then 5 in child support?  The retirement income + SSDI will definitely count. The child support can technically count but they can use discretion in considering it overall because unlike your pension or disability it will stop when the children become of age (which can be sooner the the shortest time the aff of support can be in effect for). But the child support amount based on the figures I am using is really a minimal amount and shouldnt make that much of a difference if its not considered. 

 

For a spouse you need to show 3x in assets so 100k should make up for apx 33k deficit. I believe the issue is probably not sending in a years worth of proof of the assets. 

Thankyou for responding. It’s SSDI & my kids are pretty young. So just resend everything with one year worth of bank statements ? Will USCIS tier 2 agent be able to tell me what exactly is the issue ? 

Edited December 9, 2019 by ujones

[Villanelle 4,122]

No a T2 will not be able to give you any more information besides what was on the RFE.  

[ujones 148]

6 minutes ago, Villanelle said:

No a T2 will not be able to give you any more information besides what was on the RFE.  

So just get everything together & send it again ? But how do I know why they didn’t accept it in the first place . Will they deny the petition if they don’t accept it again ? I’m so worried now. 

[ujones 148]

54 minutes ago, ujones said:

So just get everything together & send it again ? But how do I know why they didn’t accept it in the first place . Will they deny the petition if they don’t accept it again ? I’m so worried now. 

@Villanelle@Jorgedig, of the total income 10k is not shown in my tax return as it’s the beneficiary SSDI payment. I had provided benefit letters from ssdi but may be I should explain why it’s not taxable ( as it’s in my minor kids name ). How should  I explain that ? 

[SalishSea 17,836]

4 minutes ago, ujones said:

@Villanelle@Jorgedig, of the total income 10k is not shown in my tax return as it’s the beneficiary SSDI payment. I had provided benefit letters from ssdi but may be I should explain why it’s not taxable ( as it’s in my minor kids name ). How should  I explain that ? 

Wait, what?  Why is it in your kid's name?

[ujones 148]

1 minute ago, Jorgedig said:

Wait, what?  Why is it in your kid's name?

It’s beneficiary payment off of my records.