I 864 RFE Help!

[Ashly Warden 0]

Hello, 

 

I am currently on H1B visa which expires on 9/21. I have lived in the US since 2013 first on F1 visa and then on H1B. I met my husband in 2018 and we got married in July 2020. We filed for adjustment of status in March 2021. USCIS sent AOS on 4/12/21. But we got an RFE in June, 2021 on form I-864 stating that USCIS has trouble confirming that my husband's income meets 125 percent of federal poverty limits. This is surprising as his income is well above the poverty limits for the last three years. USCIS has asked us to obtain a qualifying joint sponsor. We submitted the following documents to support the form I-864 during our initial filing. Not sure what caused USCIS to conclude that my husband's income was below the federal poverty limits. Any insight would be much appreciated.

 

• Letter explaining unavailability of 2020 tax transcript (We filed 2020 taxes jointly, IRS has still not processed it.)
• Copy of federal income tax return for 2020
• W-2’s for 2020,2019 & 2018
• 2019 and 2018 Tax Return transcripts
• Employment Offer Letter 
• Copy of most recent paystubs (Feb 2020 - Feb 2021)
• Copy of US spouse birth certificate

Edited June 29, 2021 by Ashly Warden
More information

[Villanelle 4,122]

Employment offer means you are not employed. Current paystubs from Feb 21 also means you are not currently employed. The 864 looks at current income. Unemployed = 0 income. 0 income = need to show assets or obtain a cosponsor who has assets or current income over the guidelines.

[Ashly Warden 0]

We filed in first week of March 21. Therefore, we submitted paystubs till Feb 2021. You have a good point about the offer letter. We will get a letter from the employer for RFE

[arken 4,197]

Is he currently employed?

[Ashly Warden 0]

Yes, my husband is currently employed. He started his new job in March 21 but there is no gap in employment. Even with his previous salary he was well over the poverty limit. The RFE also required us to submit his long form birth certificate. We had previously submitted the short form birth certificate. Not sure if that was the reason for this RFE on I 864.

[arken 4,197]

Zero paystubs from the current employer triggered the RFE. 
 

Now that he has bunch of paystubs from the current employer, include those along with employment letter in the RFE response. If 2020 tax return is transcript is available , send that as well.

[Ashly Warden 0]

Thank you!

[SKTX123 0]

Hey, I am in a similar situation too... I am going to submit the same documentation but I had a quick question.

 

I filed from Texas but I'm in Chicago for the summer and wondering does it matter if I send the package from here (I haven't updated my address as I will be returning there in August). Also do I need to send the original notice or a copy (scanned copy) is fine? Thank you !