Request for Evidence- federal poverty GL

[Luis21 0]

Hello, first post here. 

 

I searched this topic but couldn't find an answer to my situation. 

USCIS sent me a Request for evidence stating I did not make above 125% federal poverty guideline for my 864 form. 

Currently this is 22,887 for a household of two. 

 

I double checked the tax returns, and what I put on the 864 form and both match. I made above what the threshold is. 

This would be for the Adjusted Gross Income. Not sure how they saw otherwise. I sent them a message under my USCIS account 2 weeks ago, and followed up but they don't reply. 

 

It states on the website also once I reply/re-submit for the Request for evidence, there are no more chances. So if there is a mistake and rejected again it basically gets thrown out. 

 

Has anyone dealt with something similar? Or has this been covered in a previous thread?

 

I suppose I could get a joint sponsor and re-submit that form and it can ensure I qualify. But I should already qualify. 

 

Thanks

[Villanelle 4,122]

Common mistakes on the 864 are related to household size being incorrect (if you are 2 check you entered 2 on the 864- it should be you + immigrant =2 not 3 ok?) Otherwise it is often related to self employment/ not entering correct numbers for such. 

 

You would need to provide more information about your situation and what you entered on the 864 w/o posting specifically private information. Or you can hire a local attorney for assistance in completing it for the response. Bottom line you need to figure out what is wrong and USCIS will not provide further guidance on it beyond the RFE.

[EatBulaga 315]

Here is a link to the post about how to properly declare the number of household size on the I-864.

https://www.visajourney.com/forums/topic/784579-i-864-part3-29-and-part5-8

It is a common mistake

[Luis21 0]

12 hours ago, Villanelle said:

Common mistakes on the 864 are related to household size being incorrect (if you are 2 check you entered 2 on the 864- it should be you + immigrant =2 not 3 ok?) Otherwise it is often related to self employment/ not entering correct numbers for such. 

 

You would need to provide more information about your situation and what you entered on the 864 w/o posting specifically private information. Or you can hire a local attorney for assistance in completing it for the response. Bottom line you need to figure out what is wrong and USCIS will not provide further guidance on it beyond the RFE.

Ok, it's possible the household size i had was incorrect. Though if I had a 3 on the form I would still qualify. I should have scanned and saved a copy. Would I correct the number and return? 

I am self employed but not sure how any information is different on the 864. It asks for the Adjusted gross on the form and have that number on my tax returns. 

 

 

12 hours ago, EatBulaga said:

Here is a link to the post about how to properly declare the number of household size on the I-864.

https://www.visajourney.com/forums/topic/784579-i-864-part3-29-and-part5-8

It is a common mistake

Thanks

[Villanelle 4,122]

Ok so first correct the household size. 

 

For self employment you need at least 1 year tax return which it seems you have.  Did you submit the last 3 years and were they all over guidelines? You also need to send the tax returns and all schedules and documents for self employment.  It is recommended to also include a statement explaining your employment and for your current income to show current profit loss sheets or pending contracts. Depends on the type of work..

 

This is not so much about proving the income but rather demonstrating its stable. You can search the forums for self employment 864 threads and find lots of information that will help you. Please do such and post back any additional questions or concerns if needed. Also I know you mentioned you used the correct numbers but please double check you did. Pushbrk has made many posts about this topic so please pay extra attention to those. 

[Chancy 6,241]

19 hours ago, Luis21 said:

USCIS sent me a Request for evidence stating I did not make above 125% federal poverty guideline for my 864 form.

 

If USCIS sent you an RFE related to I-864, I suppose you're applying for adjustment of status after entering the US on K1 visa?

 

[OrlandoGringo 1]

22 hours ago, Luis21 said:

Hello, first post here. 

 

I searched this topic but couldn't find an answer to my situation. 

USCIS sent me a Request for evidence stating I did not make above 125% federal poverty guideline for my 864 form. 

Currently this is 22,887 for a household of two. 

 

I double checked the tax returns, and what I put on the 864 form and both match. I made above what the threshold is. 

This would be for the Adjusted Gross Income. Not sure how they saw otherwise. I sent them a message under my USCIS account 2 weeks ago, and followed up but they don't reply. 

 

It states on the website also once I reply/re-submit for the Request for evidence, there are no more chances. So if there is a mistake and rejected again it basically gets thrown out. 

 

Has anyone dealt with something similar? Or has this been covered in a previous thread?

 

I suppose I could get a joint sponsor and re-submit that form and it can ensure I qualify. But I should already qualify. 

 

Thanks

 

Be forewarned that there are a LOT of people here who have NO IDEA what they're talking about and have NO PROBLEM feeding erroneous information to others.  

 

It is my UNDERSTANDING that you can also use some assetts as collateral if you cannot meet the income requirement, but don't take my word for it, read for yourself.  

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
    • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
• You may count the assets of the relatives you are sponsoring.

 

 

[Luis21 0]

4 hours ago, Chancy said:

 

If USCIS sent you an RFE related to I-864, I suppose you're applying for adjustment of status after entering the US on K1 visa?

 

Yes, this is for my wife

[Luis21 0]

2 hours ago, OrlandoGringo said:

 

Be forewarned that there are a LOT of people here who have NO IDEA what they're talking about and have NO PROBLEM feeding erroneous information to others.  

 

It is my UNDERSTANDING that you can also use some assetts as collateral if you cannot meet the income requirement, but don't take my word for it, read for yourself.  

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
    • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
• You may count the assets of the relatives you are sponsoring.

 

 

Thank you, yes I do plan on providing my assets (even though they've plummeted lately =( when I re-send my information. 

[Luis21 0]

9 hours ago, Villanelle said:

Ok so first correct the household size. 

 

For self employment you need at least 1 year tax return which it seems you have.  Did you submit the last 3 years and were they all over guidelines? You also need to send the tax returns and all schedules and documents for self employment.  It is recommended to also include a statement explaining your employment and for your current income to show current profit loss sheets or pending contracts. Depends on the type of work..

 

This is not so much about proving the income but rather demonstrating its stable. You can search the forums for self employment 864 threads and find lots of information that will help you. Please do such and post back any additional questions or concerns if needed. Also I know you mentioned you used the correct numbers but please double check you did. Pushbrk has made many posts about this topic so please pay extra attention to those. 

Yes I provided the 3 previous years. All met the criteria.  

 

I did not send all schedules from last year though. Last year was my first year of self employment and made less than the previous two years. 

I only sent the first page of the 1040 since that is where the Adjusted Gross shows. Figured that is what the 864 asked for specifically.

 

I will search the threads you mentioned as well, thanks!

[Chancy 6,241]

*** Moved from K1 Process & Procedures to AOS from K1 Visas forum ***

 

[Chancy 6,241]

12 hours ago, Luis21 said:

I did not send all schedules from last year though. Last year was my first year of self employment and made less than the previous two years. 

I only sent the first page of the 1040 since that is where the Adjusted Gross shows. Figured that is what the 864 asked for specifically.

 

That's another mistake.  You should have included all the schedules if you listed yourself as self-employed.  From page 8 of the I-864 instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

"If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return."