RFE, joint sponsor doesn’t qualify can I use my petitioner (husband) [merged topics]

[Sara & Kevin 14]

Hello! I am hopping someone can help me. So I applied for my green card in December, 2019 i had my biometrics in January and now I just received an RFE regarding the I-864. We used my father in law as my joint sponsor bc my husband is self employed and he has so much write offs and on his taxes it showed low income. In the RFE says the joint sponsor doesn’t make enough.. (he makes triple the amount needed) they are telling me to find another qualifying joint sponsor.. I am not gonna do that.. Can I use my husband the petitioner instead? he shows great income for the previous year.. 
I hope someone can help me! Thank you! 

[Lil bear 4,188]

3 minutes ago, Sara & Kevin said:

Hello! I am hopping someone can help me. So I applied for my green card in December, 2019 i had my biometrics in January and now I just received an RFE regarding the I-864. We used my father in law as my joint sponsor bc my husband is self employed and he has so much write offs and on his taxes it showed low income. In the RFE says the joint sponsor doesn’t make enough.. (he makes triple the amount needed) they are telling me to find another qualifying joint sponsor.. I am not gonna do that.. Can I use my husband the petitioner instead? he shows great income for the previous year.. 
I hope someone can help me! Thank you! 

If he has enough to meet the requirements. Yes. He will

need to submit his I864 even if you use another joint sponsor 

[SalishSea 17,818]

16 minutes ago, Sara & Kevin said:

Can I use my husband the petitioner instead?

This doesn't really make any sense, "instead," since he would have been your primary sponsor in the first place.  You say that your husband's income as of December 2019 was inadequate to sponsor you without a joint sponsor - has it really changed that much in the past 6 weeks?

 

If the RFE is specifically requesting a new joint sponsor, then that is what they require.

[Sara & Kevin 14]

Yes it went from $8000 to $55,000 so yeah.. 

[Sara & Kevin 14]

36 minutes ago, Lil bear said:

If he has enough to meet the requirements. Yes. He will

need to submit his I864 even if you use another joint sponsor 

I understand that. We used a joint sponsor but they said he doesn’t qualify even tho he makes way over the poverty guidelines. 

My actual question is can I re use my husband.. His income changed from $8000 to $55,000.

[designguy 1,179]

8 minutes ago, Sara & Kevin said:

I understand that. We used a joint sponsor but they said he doesn’t qualify even tho he makes way over the poverty guidelines. 

My actual question is can I re use my husband.. His income changed from $8000 to $55,000.

Is his new income through a permanent employed position or how did it change so dramatically?

[Sara & Kevin 14]

4 minutes ago, designguy said:

Is his new income through a permanent employed position or how did it change so dramatically?

Noup.. he is self employed and he has always had big writes off kn his taxes like work equipment and trucks.. so this year he made a lot and he didn’t have tons of write offs. 

That’s why

[designguy 1,179]

Just now, Sara & Kevin said:

Noup.. he is self employed and he has always had big writes off kn his taxes like work equipment and trucks.. so this year he made a lot and he didn’t have tons of write offs. 

That’s why

Hmm ok they want to see that the sponsor is going to be financially secure so if his income fluctuates dramatically there is a chance that they will still say get a joint sponsor. Its just something to keep in mind. A salaried position at $55k is different than self employed making $55k when the year prior was $8k

[Lil bear 4,188]

27 minutes ago, Sara & Kevin said:

I understand that. We used a joint sponsor but they said he doesn’t qualify even tho he makes way over the poverty guidelines. 

My actual question is can I re use my husband.. His income changed from $8000 to $55,000.

Yes 

[Sara & Kevin 14]

13 minutes ago, designguy said:

Hmm ok they want to see that the sponsor is going to be financially secure so if his income fluctuates dramatically there is a chance that they will still say get a joint sponsor. Its just something to keep in mind. A salaried position at $55k is different than self employed making $55k when the year prior was $8k

The point is that I applied the first time in May 2019 and they straight denied me bc they didn’t know what my father in law made and what my mother in law as they fille jointly.. So they denied me.. We spoke to a lawyer and asked help he said to just re-apply and we sended them Tax Transcripts, Tax Returns and even SS Benefits stubs to show that the mom only amde like $5000 a year from their $60,000 income.. and now they are telling me $55,000 is not enough for me and his wife and him. 3people. and the poverty line is $27,000... I do not have time to argue with them proving them wrong or finding a new joint sponsor.. We were gonna wait until now so my husband does his taxes but we were foreced to re-apply right away.. So i just hope someone can tell me can i just reply to the RFE with my husbands info

17 minutes ago, designguy said:

Hmm ok they want to see that the sponsor is going to be financially secure so if his income fluctuates dramatically there is a chance that they will still say get a joint sponsor. Its just something to keep in mind. A salaried position at $55k is different than self employed making $55k when the year prior was $8k

My husbands income was always high and they can see on the tax returns that it was all write offs.. 

[Boiler 45,466]

His income is after write offs.

[Ayrton 965]

99% of the time someone receives a RFE saying "they don't make enough" it's just because you didn't send all the required documents and therefore the sponsor is ineligible.

 

The sponsor can make 1 million dollars a year, if the applicant doesn't send the required documents, the sponsor will be automatically rejected and the applicant will receive a RFE saying the sponsor doesn't make enough money.

 

I suggest you to read the instructions for the affidavit of support. All the required documents are there. When you have a joint sponsor that filed jointly, more documents are required.

[belinda63 3,038]

As stated previously they will look at his history of income. It is easy to manipulate a self-employed tax return to show a high income after deductions for one year but will he be able to sustain that income, in other words continue to not take deductions? Or is this a one time sacrifice of not claiming deductions to make his income look acceptable? 

[Cornflake 108]

Yes, @Ayrton is right.

For self - employers besides taxes some extra documents should be send to prove if a sponsor have real business and so on. 

[Sara & Kevin 14]

3 hours ago, Cornflake said:

Yes, @Ayrton is right.

For self - employers besides taxes some extra documents should be send to prove if a sponsor have real business and so on. 

Thank you for this! very hepful!