RFE I-864 Adjustment of Status

[anneta17 0]

Hi everyone! 

 

We received an RFE stating that the sponsor, my husband, does not qualify due to insufficient income. His tax transcript for 2022 shows that he's made an amount that's less than 125% of poverty guidelines income requirements. He was actually out of the US and made a modest salary working at a school in SEA. Yet, this year being back in the US he's got a job her that pays way above of the required amount. 

 

Unfortunately we could not find a joint sponsor. We're planning to respond to RFE with a letter from employer and pay stubs from the last 6 months, as well as a letter explaining our situation. 

 

My husband talked to a lawyer who said that since his current income is sufficient it should be fine. Though I can see that many sources state that when your case is processed within the US they only care about the amount shown in the previous year tax return. 

 

What do you think are the odds that we get approved relying on his current income? Maybe someone was in a similar situation and got approved?

 

Thank you! 

 

 

 

[Crazy Cat 41,844]

13 minutes ago, anneta17 said:

Though I can see that many sources state that when your case is processed within the US they only care about the amount shown in the previous year tax return. 

Totally false.  That would apply to self-employed individuals, but not W-2 employees.  CURRENT income is king....not past income. 

Current annual income is calculated as follows:

 

Gross income from latest pay period multiplied times the number of pay periods per year (12 months).

 

Edited November 16, 2023 by Crazy Cat