RFE Assistance Form 864

[javierdpvelez 5]

Hi all,

 

Submitted for AOS paperwork on 5/01 and just received a letter yesterday 5/30 with an RFE. The RFE states:

 

"Why We Are Writing You

 

On May 1 , 2023, 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

You must provide het following information in order for us to make a final decision on your case. Please include a copy of AL 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."

 

I am very confused cause I believed that we did all the paperwork correctly and my total income was above the poverty guidelines. I looked over the submitted papers and everything looks fine however my initial submission included a 1040X (amended return) as my accountant messed up the numbers when he submitted my tax return. I see now that the transcript for 2022 includes a different number than what was under total income in 1040X. Could this have been the issue? Do the agencies share this info to confirm and flag if the number is off (it's off by like $300).

 

I will resubmit today but I have some questions:

 

- is it better to submit online than by mail?

- this time I will not include my tax return but rather the tax return transcript (with no additional paperwork 1099, etc.)

- I am self employed and this year (because of the writer's strike) I have been affected financially. Should I just write last year's total income on taxes as my "annual income?"

- how many times can you be RFE'd before you get denied?

 

Thanks all.

 

[Crazy Cat 41,845]

An insufficient response to any RFE can result in a denial. You could just find a well-qualified joint sponsor.

Edited May 31, 2023 by Crazy Cat

[javierdpvelez 5]

25 minutes ago, Crazy Cat said:

An insufficient response to any RFE can result in a denial. You could just find a well-qualified joint sponsor.

So to clarify:

 

At the moment I have $24, 300 total income on 2022 1040 + $30,000 in bank account. This is for household size of 2 (my wife and I) which 125% is $24,650. This is a difference of $350. 
 

I have chosen to go the route of income + assets rather than introducing a family member as a joint sponsor.

Are you suggesting that’s a bad idea? Is it better to get a joint sponsor?
 

 

Edited May 31, 2023 by javierdpvelez

[Crazy Cat 41,845]

58 minutes ago, javierdpvelez said:

Are you suggesting that’s a bad idea?

No, but a joint sponsor might be the path of least resistance.  Did you list assets on the I-864?

Edited May 31, 2023 by Crazy Cat

[javierdpvelez 5]

Just now, Crazy Cat said:

No, but it might be the path of least resistance.  Did you list assets on the I-864?

Yes, included summary of both bank accounts with bank letterhead. One account had 12 month average, the other did not. This time I will include both bank documents (updated) and for the second bank I will include 12 months of statements with it (which they will average).

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from K1 Visas forum ***

 

[Redro 4,611]

5 hours ago, javierdpvelez said:

So to clarify:

 

At the moment I have $24, 300 total income on 2022 1040 + $30,000 in bank account. This is for household size of 2 (my wife and I) which 125% is $24,650. This is a difference of $350. 
 

I have chosen to go the route of income + assets rather than introducing a family member as a joint sponsor.

Are you suggesting that’s a bad idea? Is it better to get a joint sponsor?
 

 

If wife was going to consular process your route would be fine. 

Unfortunately USCIS states they are okay with assets but can be very particular. 

Path of least resistance would be joint sponsor. Especially as you are self-employed. 

But, you can take a chance and update the evidence and resubmit. 

[SalishSea 17,828]

9 hours ago, javierdpvelez said:

So to clarify:

 

At the moment I have $24, 300 total income on 2022 1040 + $30,000 in bank account. This is for household size of 2 (my wife and I) which 125% is $24,650. This is a difference of $350. 
 

I have chosen to go the route of income + assets rather than introducing a family member as a joint sponsor.

Are you suggesting that’s a bad idea? Is it better to get a joint sponsor?
 

 

That income is way too marginal, in my opinion.   You definitely risk a denial.   I’d pursue the route of joint sponsor if I were you.