I-864 RFE " Could not determine petitioner is qualified"

[Ed&Midori1031 330]

16 hours ago, rafaeltostado said:

I received an I-864 RFE today stating that it could not be determined that I the petitioner am qualified.  I am not sure why they say I am not because my income last year was 50k per year and that is well above the qualification limit, as well as the two previous years.  Also, this year my projected income is around 47 - 52k per year and I sent in all my pay stubs for this year.   So what would cause them to say I am not qualified?  ANy experience with this RFE for I 485 applicants?

When I applied for Wife's AOS, we received an RFE for documents we already submitted with the package.  It's an ongoing trend it seems like, happens to majority of couples. 

[rafato 6]

20 hours ago, arken said:

What is your projected income for next 12 months at your new employer? (Not for this year 2021 but for the next 12 months).

70k   

[rafato 6]

17 hours ago, Ed&Midori1031 said:

When I applied for Wife's AOS, we received an RFE for documents we already submitted with the package.  It's an ongoing trend it seems like, happens to majority of couples. 

So what did you do to respond?  And what should I do, just resend the same stuff again?  I do not want the case to get denied if I dont send what they are wanting.

[rafato 6]

On 9/28/2021 at 9:26 PM, Letspaintcookies said:

Do you have a copy of the form you sent? You could check that for errors. Wrong household size, not signed, forgot to fill out a line. All of that will trigger this kind of RFE. What are they asking for in the RFE? If you want to you could upload it here ( everything personal blacked out ) .

I posted a copy of it.  Let me know what you think.   Also, I am petitioning for my wife, so the household size is just 2 correct?  we live alone and do not have any kids or any dependents.

[rafato 6]

19 hours ago, boy2aman said:

Did you send pay stubs for the previous job? They do accept those to establish that you've consistently been earning.

Yes, I did six months worth of continuous pay stubs.

[boy2aman 89]

9 minutes ago, rafaeltostado said:

Yes, I did six months worth of continuous pay stubs.

That's good. The discrepancy must be for something minor that you may have overlooked. Just try to send everything back in with all your i's dotted and t's crossed and you should be fine. 

[arken 4,197]

54 minutes ago, rafaeltostado said:

70k   

I'd say respond with the following.

1. New i864 mentioning $70k current annual income

2. More pay stubs from new employer (you might have more by this time)

3. Remove any bank statements/assets

4. An employment letter from your employer mentioning your salary

5. tax transcripts

 

Make sure everything is filled out correctly, household size and such.

 

[rafato 6]

14 hours ago, arken said:

I'd say respond with the following.

1. New i864 mentioning $70k current annual income

2. More pay stubs from new employer (you might have more by this time)

3. Remove any bank statements/assets

4. An employment letter from your employer mentioning your salary

5. tax transcripts

 

Make sure everything is filled out correctly, household size and such.

 

Thanks,  I will do that.   New dates on the form as well correct?

[Ed&Midori1031 330]

On 9/30/2021 at 5:01 AM, rafaeltostado said:

So what did you do to respond?  And what should I do, just resend the same stuff again?  I do not want the case to get denied if I dont send what they are wanting.

Do exactly as is written on your RFE letter.  Whatever documents they ask for, send it, even if you have already filed them previously. 

[rafato 6]

On 9/30/2021 at 10:03 PM, rafaeltostado said:

Thanks,  I will do that.   New dates on the form as well correct?

Thanks, I will do that.

[jaimedebruyn 25]

On 10/6/2021 at 10:45 PM, rafaeltostado said:

Thanks, I will do that.

I would love to hear an update, as we are in the same situation! What did you end up submitting? And have you gotten a response?

[rafato 6]

2 hours ago, jaimedebruyn said:

I would love to hear an update, as we are in the same situation! What did you end up submitting? And have you gotten a response?

I resent the entire packet again and supporting documents for my wife's birth certificate. Her name was changed.

[IlyaATL 1]

Here is the thing: you sent in the I-864 along with your I-485 in late July.

 

Now it is November. Do they know that you are still making the same income? No, they don't.

 

For all they know, you could be unemployed right now.

 

The fact that you switched jobs several times in the past year may also raise red flags in their eyes.

 

Therefore, I would speculate if you just send them your most recent paystubs and a new employment letter, etc., you should be fine.

 

But to be on the safe side, I would consider getting some professional advice from an attorney.

[EmreAnk 2]

Any updates? We are in the same situation. My wife"s Annually income is way above the poverty line but still got the exact letter. What frustrating is that the letter is a copy paste General letter and doesn't say anything specific. 

Edited December 5, 2021 by EmreAnk

[rafato 6]

5 hours ago, EmreAnk said:

Any updates? We are in the same situation. My wife"s Annually income is way above the poverty line but still got the exact letter. What frustrating is that the letter is a copy paste General letter and doesn't say anything specific. 

They only sent the letter asking for income requirements?   Mine was income requirements and fiances. Irth certificate.   We sent a tra slated birth certificate and  we ii64 with more check stubs.   Make sure it is filled correctly.  We are still waiting for a response