i-864 RFE when current year’s income meets requirement but has not yet been filed

[amexadventure 0]

 

I (petitioner) just received an RFE on form i-864, which I’ve attached to this post. We filed about 4 weeks ago (mid-November 2022) and USCIS was unclear whether I qualify as a sponsor based on the Total Income section of IRS Form 1040 from the latest tax year (2021). I was a student working a part-time job and internship, so my AGI for 2021 was about $400 short of the 125% federal poverty guideline. However, I have been working for the past 6 months at a job which pays much more than this. 

 

Since the year is almost over, I’m wondering if it makes sense to wait for my w2 from my current employer, then file the 2022 IRS Form 1040 and submit that as a supporting document? I am concerned about timelines in this case, as the RFE requires a response by March 10, 2023. 

 

I have also read that recent paystubs and a letter of employment indicating salary can be used as supporting documents. Is this a safe bet? The cash value of my assets also far exceeds the requirement and has for well over a year, though I’ve heard that asset-based evidence of sponsorship is riskier. I am working with an immigration lawyer, who keeps dismissing any suggestions I have (with no explanation) and simply tells me to find a joint sponsor and resubmit. The only potential joint sponsors in my life are likely to be retiring soon, so I am concerned about their ability to continue to meet the income requirement for the duration of sponsorship, and want to avoid joint sponsorship in general unless absolutely necessary.

I-485-RFE-Notice-Redacted-compressed.pdf

[Timona 4,207]

How's USCIS not clear? They are. 

 

Either get a joint sponsor or use use both (IRS returns + W2s).

 

Job offer letter stating salary and position together with paystubs could have also been sufficient but that is cutting it really thin.

Edited December 21, 2022 by Timona

[Timona 4,207]

Self delete

Edited December 21, 2022 by Timona

[carmel34 3,631]

3 hours ago, amexadventure said:

I have also read that recent paystubs and a letter of employment indicating salary can be used as supporting documents. Is this a safe bet? The cash value of my assets also far exceeds the requirement and has for well over a year, though I’ve heard that asset-based evidence of sponsorship is riskier.

Did you include recent paystubs and a letter of employment for your current job with your initial I-864?  Did you include your assets on that same I-864?  Using assets is only risky if they cannot be easily/quickly converted to cash.  It is much better if the assets are already cash in a bank account.  Using the cash value of the equity in a home that you own, for example, is not as liquid as savings or investments.  Equity in a home or car are also weak assets to use because you need a place to live and transportation to get to and from work.  If you have evidence of significant cash savings, and your current salary is well above the minimum, I would suggest doing a new I-864 with the assets and documentation to show that they are liquid, and also include the last six months of paystubs from your current job and a letter from your employer confirming your annual salary, and send all of that in response to the RFE.  If your current income is marginally higher than the minimum, and/or if your assets are not liquid, then I recommend finding a joint sponsor in response to the RFE.

Edited December 21, 2022 by carmel34