Received a RFE for our joint sponsor's (mom) I-864 despite sufficient income?

[TannerH 3]

The i-864 is to be honest what I struggled with the most on the entire AOS, EAD, AP etc process, and we unfortunately received a RFE from USCIS. I am going to try to outline what we provided and what I believe to be the best hints on what they sent and maybe someone can help me identify the issue. 

 

This is for my now wife, who I just moved back with from overseas so neither of us has qualifying income. 

 

Original form:

Household size: 3 (immigrant, herself, her husband) 

She is retired 

current individual income: 51,000

current annual household income: 51,000

total income as reported on federal income tax returns: ~200,000 (different for the three years)  

 

Included evidence:

1099 form composite, 1040s, and additional forms all for 2022. Copy of passport. 

And additionally since my parents joint file, my stepdad did a i-864a. 

 

Quotes from RFE, in order of appearance: 

"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."

 

"Based on the documents submitted, we could not determine that the joint sponsor, [redacted], on Form I-864, Affidavit of Support, is qualified."

 

"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"

My theories on what could have been wrong: 
- On my moms 2022 tax return, my brother who doesn't currently live in the house is listed as a dependent. Maybe he needs to be added to the household size then? 
- Maybe I need to be added to the household despite not having lived there or been a dependent? 

- Maybe we should have included a birth certificate to prove relationship to me as the principle sponsor? 

- Maybe we filled out the I-864a incorrectly? 

 

Unless someone here finds something our plan is just to include more of her assets in a resubmission. I hope this is useful to a future reader who runs into the same problem. 

[Pinkrlion 2,716]

What is the total adjusted income on line 22 of 1040. If brother is listed as dependent than it is a family of 4 and not 3. 

[TannerH 3]

23 minutes ago, Pinkrlion said:

What is the total adjusted income on line 22 of 1040. If brother is listed as dependent than it is a family of 4 and not 3. 

For her that's line 11. It and line 9 (total income) are the ~200,000 amount.

 

Yeah I will need to correct that about my brother. You would think they would have said that in the RFE though! Woukd have been helpful anyways.

[K1visaHopeful 2,814]

Did you submit an I864 for YOURSELF as the original sponsor?

That is required regardless if you meet the financial poverty guidelines or not to be a sponsor.  You ARE the original sponsor anyways and must fill out the form and provide your financial docs. 

[K1visaHopeful 2,814]

15 minutes ago, TannerH said:

For her that's line 11. It and line 9 (total income) are the ~200,000 amount.

 

Yeah I will need to correct that about my brother. You would think they would have said that in the RFE though! Woukd have been helpful anyways.

Self employed is always adjusted never gross. You mentioned 1099 so you have to use adjusted.

[K1visaHopeful 2,814]

20 minutes ago, TannerH said:

 

Yeah I will need to correct that about my brother. You would think they would have said that in the RFE though! Woukd have been helpful anyways.

Rfes are generic. They don't pertain to your individual situation ever. 

"I864 RFE" in the search bar will be a good research tool for you to read through the many reasons why I864s are filled out wrong/incorrect documents and how to remedy it.

It's nearly an impossible task to remedy without scouring the paperwork in person and comparing to all of the possible errors. 

Edited November 21, 2023 by K1visaHopeful

[TannerH 3]

9 hours ago, K1visaHopeful said:

Did you submit an I864 for YOURSELF as the original sponsor?

That is required regardless if you meet the financial poverty guidelines or not to be a sponsor.  You ARE the original sponsor anyways and must fill out the form and provide your financial docs. 

 

I did yes  Considering I have had no taxable US income for the last 6 years my I864 doesnt have a whole lot going on. But I sent of a I864, my mom's I864, and my stepdad's I864a. 

 

I'm wondering how much of that I am going to need to resubmit. Based on the contents of the RFE, I think I will send my i-864 unaltered (besides the signature dates) and hers with an updated house size and additional assets provided this time. And omit the i-864a since the RFE makes no mention of it. But if that is incorrect let me know.

 

And thanks for the tip about the adjusted income. 

[K1visaHopeful 2,814]

4 hours ago, TannerH said:

 

I did yes  Considering I have had no taxable US income for the last 6 years my I864 doesnt have a whole lot going on. But I sent of a I864, my mom's I864, and my stepdad's I864a. 

 

I'm wondering how much of that I am going to need to resubmit. Based on the contents of the RFE, I think I will send my i-864 unaltered (besides the signature dates) and hers with an updated house size and additional assets provided this time. And omit the i-864a since the RFE makes no mention of it. But if that is incorrect let me know.

 

And thanks for the tip about the adjusted income. 

I'm sorry, I can't offer specifics other than an RFE of this type could mean a lot was missed and as I can't see your documents nor do I know anything about your individual financial situations, it wouldn't be fair to guess.

Like I said though....LOTS of threads on the topic to read through and determine what you need to do.

I will say, less is more. Assets only if income doesn't meet guidelines. Never as an extra.