RFE, I-864, sponsor does not qualify - unclear why

[Alex2023 0]

We recently applied for AOS through marriage to US citizen. We received an RFE saying the petitioner does not qualify as sponsor.  No specific reason or explanation was given. Just general requirements for primary and/or joint sponsors.

 

The US petitioner is currently unemployed so we used the petitioner’s assets. We provided the most recent bank statement with the required sum, which was more than enough, as most of it came from the petitioner’s property sale in 2022. Appropriate tax filing with documentation of the sale was also submitted.

 

In listing sponsorship requirements when using assets, the RFE mentioned something that is not specified in general instructions for I-864: “Bank statements covering the last 12 months (statements will be averaged over a 12 month period).” Could this be the issue? We provided only the most recent statement. Property was sold in the middle of 2022. Bank statements before the sale were less than the sum required for sponsorship, and after the sale more than enough.

 

We also reviewed the submitted I-864 and did notice an error. Under household size, it says “21” instead of “2” because of a glitch in the online form that we failed to correct upon printing out the form. I put “2” but didn’t cross out “1.” Could this be the reason for the RFE, and if so, how would one ascertain that it is and then address it in the response?

 

They say you have only one chance to respond with evidence to the RFE, and there may be a denial if the response is unsatisfactory. Is there a reasonably quick way to learn what the issue really is with USCIS in a way that would not significantly delay processing? Or should we just forget about figuring it all out and simply find a joint sponsor?

 

 

 

 

Edited February 7, 2023 by Alex2023

[powerpuff 6,744]

What visa are you adjusting from? You posted in CR1/IR1 spousal visa forum 

[Rocio0010 5,580]

Not clear which visa you’re adjusting from, but anyhow this is exactly why I recommend finding a joint sponsor with a job. Much easier

[pushbrk 12,997]

2 hours ago, Alex2023 said:

We recently applied for AOS through marriage to US citizen. We received an RFE saying the petitioner does not qualify as sponsor.  No specific reason or explanation was given. Just general requirements for primary and/or joint sponsors.

 

The US petitioner is currently unemployed so we used the petitioner’s assets. We provided the most recent bank statement with the required sum, which was more than enough, as most of it came from the petitioner’s property sale in 2022. Appropriate tax filing with documentation of the sale was also submitted.

 

In listing sponsorship requirements when using assets, the RFE mentioned something that is not specified in general instructions for I-864: “Bank statements covering the last 12 months (statements will be averaged over a 12 month period).” Could this be the issue? We provided only the most recent statement. Property was sold in the middle of 2022. Bank statements before the sale were less than the sum required for sponsorship, and after the sale more than enough.

 

We also reviewed the submitted I-864 and did notice an error. Under household size, it says “21” instead of “2” because of a glitch in the online form that we failed to correct upon printing out the form. I put “2” but didn’t cross out “1.” Could this be the reason for the RFE, and if so, how would one ascertain that it is and then address it in the response?

 

They say you have only one chance to respond with evidence to the RFE, and there may be a denial if the response is unsatisfactory. Is there a reasonably quick way to learn what the issue really is with USCIS in a way that would not significantly delay processing? Or should we just forget about figuring it all out and simply find a joint sponsor?

 

 

 

 

Most likely the error is the household size of 21.  A properly completed form will auto-populate the total household size, so there must be at least one more error.  It would be helpful to post the actual wording of the RFE, as it will be specific as to what they are asking for.

 

Probable solution is a new properly completed I-864, and add as many bank statements as are NOW available back to the house sale date.

[Alex2023 0]

54 minutes ago, pushbrk said:

Most likely the error is the household size of 21.  A properly completed form will auto-populate the total household size, so there must be at least one more error.  It would be helpful to post the actual wording of the RFE, as it will be specific as to what they are asking for.

 

Probable solution is a new properly completed I-864, and add as many bank statements as are NOW available back to the house sale date.

Thank you for your helpful feedback!

 

Auto-populate on that form seems glitchy, as item 29 in part 3 (Enter the total number of immigrants you are sponsoring) does not transfer automatically to item 1 in part 5 (Persons you are sponsoring in this affidavit, enter the number you entered in Part 3 Item 29). 

 

Item 3 in Part 5 is confusing, as well: "If you are currently married, enter "1" for your spouse." But since my spouse is the sponsored immigrant and the form asks you not to count the same persons more than once, it seems it should be left blank. Is that right? (Please see scan of the relevant part of the form.)

 

Below is the relevant wording from RFE. I am grateful for you taking the time to help!

 

Please include a 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 joint sponsor (or 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 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.

 

[powerpuff 6,744]

~~ Topic moved from CR1/IR1 spousal visa forum to AOS work/tourist/student visas. If it was a K1 then please indicate and I will move to AOS K1 forum. ~~

[pushbrk 12,997]

2 hours ago, Alex2023 said:

Thank you for your helpful feedback!

 

Auto-populate on that form seems glitchy, as item 29 in part 3 (Enter the total number of immigrants you are sponsoring) does not transfer automatically to item 1 in part 5 (Persons you are sponsoring in this affidavit, enter the number you entered in Part 3 Item 29). 

 

Item 3 in Part 5 is confusing, as well: "If you are currently married, enter "1" for your spouse." But since my spouse is the sponsored immigrant and the form asks you not to count the same persons more than once, it seems it should be left blank. Is that right? (Please see scan of the relevant part of the form.)

 

Below is the relevant wording from RFE. I am grateful for you taking the time to help!

 

Please include a 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 joint sponsor (or 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 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 missed the instruction not to count anybody twice.  If your spouse is the sponsored immigrant, put 0 in for spouse.  Complete the form using Adobe Reader or Acrobat, not some third party program, and it will operate correctly.

[Alex2023 0]

27 minutes ago, pushbrk said:

You missed the instruction not to count anybody twice.  If your spouse is the sponsored immigrant, put 0 in for spouse.  Complete the form using Adobe Reader or Acrobat, not some third party program, and it will operate correctly.

Yes, I used Preview on MacBook and realized just now Acrobat doesn't have that issue. Thanks for pointing this out. Was any wording from the RFE helpful for understanding what's at issue, to your eye?

Edited February 8, 2023 by Alex2023

[pushbrk 12,997]

1 hour ago, Alex2023 said:

Yes, I used Preview on MacBook and realized just now Acrobat doesn't have that issue. Thanks for pointing this out. Was any wording from the RFE helpful for understanding what's at issue, to your eye?

Yes.

 

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.

[Alex2023 0]

16 minutes ago, pushbrk said:

Yes.

 

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.

Thank you! I hope that correcting household size and providing more bank statements would do the trick and that this won't delay the overall processing of the application...

 

[pushbrk 12,997]

6 minutes ago, Alex2023 said:

Thank you! I hope that correcting household size and providing more bank statements would do the trick and that this won't delay the overall processing of the application...

 

I would add a short not to the statements, indicating the deposit was the sale of house, that is documented in the tax return.