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Posted

I am at a loss as to why I got an RFE pertaining to our I-864 submission. My sponsor Total income per year is 140,000 and number of persons in the household is 5. Therefore the income  for sure meets the 125% of federal poverty guideline. However, I received the following:

 

"

Why We Are Writing You

On August 8, 2022, you submitted your Form I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.

What You Need To Do

Youmustprovidethefollowinginformationinorderforustomakeafinaldecisiononyourcase. Pleaseincludea copy of ALL pages of this letter with your response.

Based on the documents submitted, we could not determine that the petitioning sponsor 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 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines.

If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a different joint sponsor, you will need to:

Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.
Provide the joint sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size on Form I-864.

Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax

   

NBLI485NBCFBI000022363380 1 of 3 www.uscis.gov

documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ.

If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor’s income and 125 percent of the federal poverty guideline for the sponsor’s household size.

Assets must equal the difference for applicants filing as orphans.
Assets must equal three times the difference for a spouse or child of a United States citizen. Assets must equal five times the difference for all others.

Acceptable evidence of assets:

Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance;
Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit;

Evidence of ownership, value/equity, and dates acquired of other personal property;
Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired.

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.

You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor. We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
Provide the petitioning sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864. Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.

Note: Applicants using a family member's visa petition to adjust status must be listed as a family member on the principal immigrant's Form I-864.

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information."

 

 

PLEASE HELP BECAUSE WE ARE LOST. We filed all the W2, 1040, IRS Tax Statements, Job Letter, Bank account statements, etc. So what did we do wrong?

Posted

Is this a generic response they send everyone if there may be some omission or error on the form? Because we submitted everything. Should we use a immigration lawyer from this point? Because we basically did the filing ourselves. Your advice is welcomed community. 

Posted

One common mistake with the I-864, is the miscalculation of the total household number, which can result in the RFE.

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

 

Without knowing what you submitted or not submitted, I would consult with an immigration lawyer.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

What software did you use? You may have made a small mistake on your form. The new forms put out by USCIS are somewhat buggy in certain programs. Our joint sponsor couldn't type in a few of the fields, and it auto-filled their household size wrong and would not let them change it.

I opened the document in Adobe Acrobat DC (the paid version in my case) and the household size glitch went away and they could type in the other fields.

Do you have exact copies of what you sent USCIS? Check part 5 and 6, they were the parts we had tech trouble with.

Edited by BlueberryMuffin
Fixed typo


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"Everything is working out best case scenario" 

Posted

Ok so I contacted an immigration lawyer and he went over my submission and I did enter some info incorrectly for part 5 and 6. So we have done over the I-864 and re-submitting to uscis. Thanks everyone. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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