RFE for affidavit of support ...please help

[Trini0616 1]

If the RFE said joint sponsor, I'd provide a joint sponsor.  Give them what they asked for and be done with it.  But that's just me.

[debbiedoo 2,339]

2 minutes ago, Trini0616 said:

If the RFE said joint sponsor, I'd provide a joint sponsor.  Give them what they asked for and be done with it.  But that's just me.

I know in our case, even with me making WELL above the requirements (from employment, not counting any assets or my sons income from social security), I had a joint sponsor lined up JUST IN CASE.

 

Better to be prepared than caught off guard and in panic mode.

 

 

[carmel34 3,633]

21 hours 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 “

They consider the totality of the circumstances, it's a judgment call by the officer.  Income and/or assets above the poverty guidelines are only one piece of information that they consider.  They look at the sources of your income, income stability, likelihood that the income will continue into the future, family circumstances, cost of living where you are, health care costs, stage of life, etc.  In your case, even though you meet the minimum income/assets stated by the guidelines, they are asking for a joint sponsor.  So get a qualified joint sponsor and send in their documents asap.  If all you do is send the same information as you did before, you will likely be denied.  Why risk that?

Edited December 10, 2019 by carmel34

[Villanelle 4,122]

8 hours ago, Duke & Marie said:

If your looking for FACT, then I recommend finding your own evidence by reading relevant documentation issued by DOS, only then are you able to confirm it as fact, other than that, your only getting people’s interpretation of the requirements. 

 

And while you might think it’s funny, yes, I firmly believe that child support is paid to support the child and that it’s reallocation and use to support a new spouse as part of the immigration process is morally wrong and I’m pretty sure family law courts would agree. 

Many people feel this way. But the polices are what they are. The only explanation I can give you as to why this is allowed (which you may not agree with but I am putting it out there anyway for you to consider) is that child support is not being considered as money to use to support the immigrant specifically but as money used to support the household overall. If you have 2 kids that makes your household size 4 you need to show you can support 4 people. If you have 3 kids then you need to show you can support 5. Youd have more child support with 3 kids then 2- so their child support is covering the childs share of household expenses. In most cases the parent receiving the support would argue its not even enough to cover the full amount of the childs expenses itself but rather just a portion of it. 

[Boiler 45,525]

On 12/9/2019 at 10:04 AM, 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

Just some thoughts:

 

1. Was this what you used for the K1?

 

2. Does your Husband have income/assets to add?

 

3. This has been mentioned but I will say again that the minimum requirement is just that, the totality of circumstances is often looked at and using what may have been considered dubious sources just to scrape by may be the issue.

[ujones 148]

43 minutes ago, Boiler said:

Just some thoughts:

 

1. Was this what you used for the K1?

 

2. Does your Husband have income/assets to add?

 

3. This has been mentioned but I will say again that the minimum requirement is just that, the totality of circumstances is often looked at and using what may have been considered dubious sources just to scrape by may be the issue.

@Boiler, yes but it did meet the criteria just with my income then. This time around I miscalculated my income by adding beneficiary payment to my income & didn’t really show all my assets. But got it all fixed as I’m only short of close to $3000 to meet the guideline just based on income & I can show more than 150 K in assets in savings & investments not including my home equity. If they would count equity too that would be another 180k. So hopefully it will all turn out to be good. Thankyou all for your support & advices. I’m truly blessed to be a member of this gp & to hve you all to come to when in doubt. 

[ujones 148]

40 minutes ago, ujones said:

,

 

Edited December 10, 2019 by ujones

[Boiler 45,525]

Sounds like a good reason to expedite EAD.