RFE Affidavit of Support I-864

[Correena 7]

We applied for adjustment of status in May  for my husband and in June we got an RFE stating that I don't meet the requirements to be a sponsor. 

 

So I make $26,400 working part-time as an independent contractor. I get paid by zelle everyday that I work as a house cleaner so I have no paystubs.  I had my employer write a letter to say I work with him and how much I make. ( Also I don't know if it makes a difference but he electronically signed the letter since he's abroad)

I also turned in 1 year tax transcript with the I-864.

So I'm not sure what to turn in now but here is more of my situation:  So for the last 4 years before getting married I only worked part of the year in the states sometimes like 3-6 months and would travel abroad. So my tax transcripts are low. I got married in June 2021 in Uganda and was planning on staying there for the foreseeable future. My brother was murdered in November 2021 and the both of us came to the US in December 2021. Around 2.5 weeks in we decide we should stay. So I just got the house cleaning job in January. I thought that even if I just started the job 5 months ago at the time I should be ok and that USCIS would decide based off my current status not past. I have no assets as we're just starting over after coming from Uganda. In the RFE it did say that I can show 12 months of bank statements to prove that I make enough but the issue is that I haven't worked for the whole 12 months but only around 7.5 now.

 

My next issue is that even when I previously tried to apply for a fiance visa for my husband no one was willing to cosponsor. The people that are willing don't qualify. So I'd appreciate it if you can help me out. 

[Crazy Cat 41,918]

You absolutely must answer the RFE adequately and before the deadline.  I would strongly suggest you find a well-qualified joint sponsor.  You face the real possibility of a denial.

[Villanelle 4,122]

If you don't get paid on paystubs (w2) then you are technically considered self employed (independent contractor). Unfortunately you would need 1 year of tax returns showing the income reported and over guidelines. 

 

Get a w2 paystubs based job. That income can be considered immediately.  1 month or so of paystubs will be enough to satisfy the RFE and by the time the interview is scheduled you will have many more months of paystubs. Does your spouse have an EAD? If so include his w2 income as well,  if not he needs to obtain a w2 job as well. 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

[Correena 7]

15 minutes ago, Villanelle said:

If you don't get paid on paystubs (w2) then you are technically considered self employed (independent contractor). Unfortunately you would need 1 year of tax returns showing the income reported and over guidelines. 

 

Get a w2 paystubs based job. That income can be considered immediately.  1 month or so of paystubs will be enough to satisfy the RFE and by the time the interview is scheduled you will have many more months of paystubs. Does your spouse have an EAD? If so include his w2 income as well,  if not he needs to obtain a w2 job as well. 

No my husband doesn't have an EAD. I wish I had known previously. My employer also went through the AOS process working as a house cleaner but somehow he made it through working less than a year. He thought we would too. 

[JeanneAdil 6,514]

A company must provide a 1099-NEC to each contractor who is paid $600 or more in a calendar year. Independent contractors must include all payments on a tax return, including payments that total less than $600. Note also that nonemployee compensation includes payments to individuals and partnerships.Mar 29, 2021

 

 

This 1099 -NEC is what your employer should have provided to u for tax purposes (contractors and subcontractors)

 

Self employed would mean you need your own business license and liability insurance

plus paying our estimated 1040 Es forms and remitting payments quarterly 

Edited August 1, 2022 by JeanneAdil

[Villanelle 4,122]

11 minutes ago, Correena said:

No my husband doesn't have an EAD. I wish I had known previously. My employer also went through the AOS process working as a house cleaner but somehow he made it through working less than a year. He thought we would too. 

Everyones situation is unique. Perhaps his spouse had w2 income or they had assets. Perhaps he didn't work a full 12 months as a contractor but the way the calendar fell he did have a tax return showing contractor income over guidelines. Whatever his situation was, good for him, doesn't help you right now (unless he wants to be a sponsor and qualifies  )

 

Get a paystub based w2 job immediately that when calculated out puts you over the guidelines. send the paystubs/employment letter as RFE response before the deadline.  Keep the job until GC approval. 

 

If this is not possible its still going to be ok. You will be denied but ok. You just need to file again when you do have paystubs. Yes you pay the fees again and will have to start at the beginning of the line again. So try to get a job that can be used for 864 purposes asap. Otherwise if you remain at your present job it will not be able to be used for such until you file taxes for it - due next april. 

 

 

 

 

[Correena 7]

21 minutes ago, Villanelle said:

Everyones situation is unique. Perhaps his spouse had w2 income or they had assets. Perhaps he didn't work a full 12 months as a contractor but the way the calendar fell he did have a tax return showing contractor income over guidelines. Whatever his situation was, good for him, doesn't help you right now (unless he wants to be a sponsor and qualifies  )

 

Get a paystub based w2 job immediately that when calculated out puts you over the guidelines. send the paystubs/employment letter as RFE response before the deadline.  Keep the job until GC approval. 

 

If this is not possible its still going to be ok. You will be denied but ok. You just need to file again when you do have paystubs. Yes you pay the fees again and will have to start at the beginning of the line again. So try to get a job that can be used for 864 purposes asap. Otherwise if you remain at your present job it will not be able to be used for such until you file taxes for it - due next april. 

 

 

 

 

I'll try to see what I can do. Thank you all for your help.