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RFE, Total Income vs. Adjusted Gross, and Co-Sponsors

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Filed: K-1 Visa Country: Canada
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So, recently I got an RFE saying that since my name's on husband's tax return I have to prove I have work authorization, since they've wrongly assumed I've been working an contributing to his income- I'm assuming a letter and full photocopy of his tax returns will be sufficient for clearing this up? Also the following, which I'm still attempting to decipher..:

The petitioner/sponsor indicates on I-864 that qualifying househould members' income will be used for the petitioner/sponsor's income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more Forms I-864A for household members whose income is being used to meet the poverty line. Submit form I-864A for all household members whose income is being used.

For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States.

Now, upon first read I assumed this just meant that he's under the 125% poverty line, but I took a look at the current lines for 2007, and if they go by total income instead of adjusted gross, he's actually above it (regardless, his other assests should make up the difference). So now I'm thinking I might have read it wrong, and that it might just be asking for me to send in an I-864A because they're assuming that I contributed to his income on our taxes... am I right?

So then the aforementioned letter stating the income on our taxes is entirely his own, and a photocopy of the entirety of his returns (I admittedly only sent in the first and last pages) will cover this? we don't actually need a co-sponsor or anything?

And, just a thought: If they're unhappy with what I send in will they send another RFE or decide to deny my AOS application entirely?

Thanks again- you guys are fantastic!

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Filed: Citizen (pnd) Country: France
Timeline

Could it be that you checked the wrong box in one of the papers and that it made it look like you were providing money to the couple as well?

You might want to check the copy of the forms you sent and compare it to the example of VJ.

A letter of explanation and providing the tax info again sounds good to me. I don't think you need a co-sponsor as they are not stating that you need one. They just think you said you had one ;)

08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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