Confused... I Filed the I-864, but apparently did not supply enough evidence...

[HalAndOlive 5]

... now I have received a "Request for Evidence" letter...

 

"Based on the documents submitted, we could not determine that the petitioning sponsor, "ME" on form I-864 Affidavit Of Support, is qualified.  In order to be a qualified sponsor, the petitioning sponsor's form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125% of the federal poverty guideline for the sponsor's household size...

 

...for Further instructions and the latest edition of form I-864 visit the USCIS website..."

 

Apparently, I submitted information that was not in the format they want.  The request for information states how I should submit that information. 

I am using my assets and my retirement (SSI) income instead of a job - as I am retired.

 

My question is...  since I submitted the original AOS, the market has crashed and I lost a significant amount of money - not enough to no longer qualify, but an amount 15-20 percent different from the original AOS I submitted.  

The Request for Evidence does not say to resubmit the AOS, but it does mention where I can find the latest copy.

 

Should I submit a modified AOS (and how) or just supply the information they requested and let the original AOS stand.  I read on the USCIS site that "one" AOS (I-864) should be submitted.

 

I know this sounds elementary, but I am afraid of goofing and getting my wife booted from the country.

 

 

Edited June 7, 2022 by HalAndOlive

[Mike E 11,739]

My understanding is that SSI is not permitted income for I-864 
 

SSDI and SS retirement income are permitted for I-864.  

[HalAndOlive 5]

7 minutes ago, Mike E said:

My understanding is that SSI is not permitted income for I-864 
 

SSDI and SS retirement income are permitted for I-864.  

Yes sorry, I said SSI, but I meant Social Security RETIREMENT Income - which is accepted.  Either way, I am not concerned about that, I have more than enough assets to make up the difference.   My main concern is should I submit an amended 864 or not?

[Mike E 11,739]

3 minutes ago, HalAndOlive said:

Yes sorry, I said SSI, but I meant Social Security RETIREMENT Income - which is accepted.  Either way, I am not concerned about that, I have more than enough assets to make up the difference.   My main concern is should I submit an amended 864 or not?

You get one chance to respond to an I-864 RFE.  If you still get it wrong, I-485 will be denied and you will have to refile.  No she won’t get deported provided you file a new I-485 before the denial letter orders her to leave. 
 

I think you should hire a professional to go over your RFE and I-864 to discern the problem 

[HalAndOlive 5]

Thanks Mike, Yes, the problem was the format of the data (I think).

 

Meaning... they wanted value of Assets (Bank Accounts) as monthly statements and I sent a banker letter with my balance, open date and total deposits for the past 12 months.  Now I am sending my last 12 statements for all my bank accounts.

As for stocks, they wanted Purchase date and purchase value of stocks.  I showed that information, but in an account screen shot - not a account statement - so I am guessing they are saying they could not make the leap from the screenshot to me owning it.

And lastly, I MAY have forgotten to add my last tax return to the package, I am not clear on that from the letter. 

 

I now have all that included in a new package I will send them.  But I do wish I could ask for clarification and I know that doesn't work.  I have called and the phone system re-directs me to the information I have already found on the USCIS site and if you try to "speak" to an actual person, it will hang up on you.

[Mike E 11,739]

54 minutes ago, HalAndOlive said:

Thanks Mike, Yes, the problem was the format of the data (I think).

 

Meaning... they wanted value of Assets (Bank Accounts) as monthly statements and I sent a banker letter with my balance, open date and total deposits for the past 12 months.  Now I am sending my last 12 statements for all my bank accounts.

As for stocks, they wanted Purchase date and purchase value of stocks.  I showed that information, but in an account screen shot - not a account statement - so I am guessing they are saying they could not make the leap from the screenshot to me owning it.

And lastly, I MAY have forgotten to add my last tax return to the package, I am not clear on that from the letter. 

 

I now have all that included in a new package I will send them.  But I do wish I could ask for clarification and I know that doesn't work.  I have called and the phone system re-directs me to the information I have already found on the USCIS site and if you try to "speak" to an actual person, it will hang up on you.

When you call USCIS you can say “info pass” and that should get a human to answer.  However those humans are tier 1 officers and they know next to nothing. You want a tier 2.  Generally they will call back.  But I doubt you will get a call back before the RFE deadline 

[Ontarkie 14,234]

~~MOved to AOS Family K1/K3 P&P, form K1 P&P - the OP is at the AOS stage~~

[JeanneAdil 6,514]

14 hours ago, HalAndOlive said:

Yes sorry, I said SSI, but I meant Social Security RETIREMENT Income - which is accepted.  Either way, I am not concerned about that, I have more than enough assets to make up the difference.   My main concern is should I submit an amended 864 or not?

SS retirement is SSA and is accepted 

SSI is disability

[HalAndOlive 5]

Thanks to all the denizens of this site.  Adjustment Of Status approved on the 5th.  I appreciate all the input I have received from this site and the people within.

[TBoneTX 45,329]

A hijack post has been removed.

The OP's issue is happily resolved, so this thread is now closed.