RFE Received for I-864

[moonyanyo 0]

Hello,

 

After filing separate I-485 petitions for myself and my daughter, I have now received an RFE based on the I-864.

The RFE states, "based on the documents submitted, we could not determine that the petitioning sponsor is qualified."

And "The I-864 must be properly completed and signed and the sponsor's income must meet 125 percent of federal poverty guidelines for their household size."

I am wondering if this RFE was caused by a miscalculation of the household size on the I-864 form.

 

My husband meets the income requirements for a household size of 4 which is $34,687 - he currently makes $39,600

 

Household is as follows:

- My husband (sponsor)

- Myself (beneficiary with own I-864)

- My daughter (beneficiary with her own I-864)

- My stepdaughter (my husband's daughter born in the USA and lives with her mother)

 

On my own and my daughter's individual I-864's I counted 4 for the household size due to the information above.

However, on Nolo.com it states that you should not include someone with their own separate petition in your I-864 household size.

So, I think I may have made an error in that I should have only included:

1 myself, 2 husband, and 3 step-daughter on my I-864 

1 my daughter, 2 husband, and 3 stepdaughter on my daughter's I-864

I shouldn't have included my daughter on my household size - and I shouldn't have included myself on hers.

In the end, the USCIS officer would know to add each of us to each other's household size to make 4.

Does this make sense?

 

Also, if you receive an RFE can you call USCIS and ask them what the specific issue is? Or are you left to figure it out on your own?

 

Thank you for your help! 

 

 

 

 

 

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

[moonyanyo 0]

I'm thinking no one saw this post as I initially posted it in the incorrect forum. 🤔 

[JonathanMetts 0]

On 4/1/2022 at 7:45 PM, moonyanyo said:

Hello,

 

After filing separate I-485 petitions for myself and my daughter, I have now received an RFE based on the I-864.

The RFE states, "based on the documents submitted, we could not determine that the petitioning sponsor is qualified."

And "The I-864 must be properly completed and signed and the sponsor's income must meet 125 percent of federal poverty guidelines for their household size."

I am wondering if this RFE was caused by a miscalculation of the household size on the I-864 form.

 

My husband meets the income requirements for a household size of 4 which is $34,687 - he currently makes $39,600

 

Household is as follows:

- My husband (sponsor)

- Myself (beneficiary with own I-864)

- My daughter (beneficiary with her own I-864)

- My stepdaughter (my husband's daughter born in the USA and lives with her mother)

 

On my own and my daughter's individual I-864's I counted 4 for the household size due to the information above.

However, on Nolo.com it states that you should not include someone with their own separate petition in your I-864 household size.

So, I think I may have made an error in that I should have only included:

1 myself, 2 husband, and 3 step-daughter on my I-864 

1 my daughter, 2 husband, and 3 stepdaughter on my daughter's I-864

I shouldn't have included my daughter on my household size - and I shouldn't have included myself on hers.

In the end, the USCIS officer would know to add each of us to each other's household size to make 4.

Does this make sense?

 

Also, if you receive an RFE can you call USCIS and ask them what the specific issue is? Or are you left to figure it out on your own?

 

Thank you for your help! 

 

 

 

 

 

Not sure about the household size, but I am 99% certain that you cannot call USCIS and learn what the specific issue with your I-864 was. You are expected to return a I-864 that completely follows the instructions of USCIS. 
 

I also received an RFIE for my I-864 that does not tell me what the specific issue was. Frustrating for sure.