FAST USCIS RESPONSE TO AOS FILING, I-864 RFE NOT QUALIFIED?

[EstambulPR 16]

On 2/22/2024, USCIS confirmed receipt on my wife's AOS package sent to Eglin. One week later they sent an RFE:

 

"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 checked the form a thousand times. everything was filed out and signed properly. I included evidence of income for the past three years: IRS Transcripts, latest 1099 from the Social Security Disability, and a letter of benefits from the Veterans Administration indicating that my payments are permanent. My number of dependents (including my immigrant spouse and an adult disabled child NOT LIVING WITH ME, puts me a 3 people in the household, according to the worksheet. Even with her daughter coming next year (separate IR-2 petition), it would be 4 people in the household.

 

On Page 5, questions 24.a,b,c, I wrote down my income over the past 3 years as per my Tax Transcripts for 2020, 2021, 2022. The IRS "computer income" is a bit below the 125% HHS Poverty guidelines because it reflects the reduction "on paper" of 85% of my SSDI being tax exempt. In reality between those two income streams alone my gross income is way over 125% limit for a household with 8 people. Adding my VA compesation, however, DOUBLES my annual income and makes it leap OVER the guidelines for a household of 15 people. I clearly stated my GROSS income on Part 5 (7), and Part 6 (20), which dramatically differs from the IRS tanscript, but for which I submitted official government documentation as proof.

 

Having read beforehand that some veterans had problems with USCIS refusing to acknowledge VA disability compensation pay as a source of income, I included the following statements in the "Additional Information" page:

 

"Real Gross Income is $xx1,711/yr, $x,316/ monthly: Military retirement ($x,124); Social Security Disability ($x,990); VA Disability Compensation ($x,202). VA benefits are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low."

"IRS Tax Transcripts do not reflect VA benefits (projected $X0,424/yr for 2024) since these are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low."

 

So my questions are:

Are these forms machine read and therefore prone to "logic errors" or lack of context?

Do they even bother to read the "additional information" pages for context?

What new information am I supposed to send that I have not already submitted?

 

*Should I send a message to the officer reviewing my case via the USCIS message tool?

 

Of note, the letter was sent from- and must be replied to- this address. It is normal to parse out AOS packages to field offices? My assigned center was Chicago as I am in Maryland.

 

U.S. Department of Homeland Security USCIS,

Attention: Adjustment of Status
PO Box 648004 850 NW Chipman Rd
Lee’s Summit, MO 64002

 

Thank you all in advanced for your responses.

Edited March 5 by EstambulPR

[EstambulPR 16]

Hello all, I re-read (for the umptieth-time) the I-864 Instructions and realized I made a couple of mistakes (including last 3 IRS transcripts (2022,2021,2020) but writing the wrong years on Part 6. 24a,b,c.; including previous-year 1099s without Tax Returns, etc.). Here is the instructions, verbatim:

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

I filed as Single last year, so that was my own fault for overlooking this obvious rule. As I was conducting research, however, I found the Consolidation of Policy Regarding USCIS Form I-864, Affidavit of Support (AFM Update AD06-20), (USCIS Adjudicators Field Manual), now (partially) superseded by the Policy Manual on how to adjudicate I-864 Applications:

 

"In general. When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

"IMPORTANT: If the income is at least 125% (or 100% as applicable) of the governing Poverty Guideline in the Form I-864P, Poverty Guidelines, from the
year in which the Form I-864 was filed, the Form I-864 is sufficient."

 

It seems adjudicators are supposed to look forward rather than backwards at the sponsor's finances, correct? My greatest challenge is proving to USCIS that my Veterans Disability Compensation (fully tax-exempt AND permanent in nature) and Social Security Disability (partially tax-exempt) are Earned Income and therefore part of the income equation albeit not being wholly included in my IRS Total Income calculations.

 

I did further research, and found this on https://www.ecfr.gov/current/title-8/part-213a#p-213a.2(c)(2)(i)(B) :

 

"... If the sponsor claims he or she had no legal duty to file for any reason other than the level of the sponsor's income for that year, the initial evidence submitted with an affidavit of support must also include any evidence of the amount and source of the income that the sponsor claims was exempt from taxation and a copy of the provisions of any statute, treaty, or regulation that supports the claim that he or she had no duty to file an income tax return with respect to that income."

 

Although the preceding citation applies to those sponsors with foreign income and/or no legal duty to file Federal taxes, I think I will submit (again) letters of benefits from the Social Security, Defense Finance Service, and the VA but with an explanation citing Title 8 213a.2(c), above. Reading through dozens of discussions here on VJ re: tax-exempt retirement income, Social Security Disability payments and Veterans Disability Compensation, I get the feeling that USCIS has a problem with interpreting law regarding non-taxable income and special situations where there are no W-2 and IRS taxable income does not match "real" income.

 

Here are the sample letters:

 

- DEFENSE FINANCE AND ACCOUNTING SERVICE

Retired and Annuitant Pay 8899 E 56th Street -

Retired Pay Indianapolis, IN 46249-1200

https://www.dfas.mil/RetiredMilitary/

 

March 07, 2024

TO WHOM IT MAY CONCERN:
Reference is made to your request for certification regarding receipt of Military pay in the account of Ax Rxxx
This is to certify that the member is on the Retired rolls of this Center and is currently entitled to pay at the gross monthly rate of $x,531.00 which is normally payable during his/her lifetime.

Sincerely,
Retired Pay Department

 

- Social Security:

 

You asked us for information from your record. The information that you requested is shown below. If you want anyone else to have this information, you may send them this letter.

Information About Current Social Security Benefits
Beginning December 2023, the full monthly Social Security benefit before any deductions is $x,087.20.
We deduct $174.70 for medical insurance premiums each month.
The regular monthly Social Security payment is $x,912.00. (We must round down to the whole dollar.)
Social Security benefits for a given month are paid the following month. (For example, Social Security benefits for March are paid in April.)
Your Social Security benefits are paid on or about the third of each month.
We found that you became disabled under our rules on January 7, 2018.

Information About Past Social Security Benefits
From December 2022 to November 2023, the full monthly Social Security benefit before any deductions was $x,991.50.

xxx

 

My 1040 looks like this:

 

5a Pensions and annuities . . 5a b Taxable amount . . . . . . 5b                        $x5,489.
6a Social security benefits . . $x3,025.    6a b Taxable amount . . . . . . 6b     $x,335. (16% of SSDI)

 

So IRS adds Pension and SSDI, and Line 15 (Total Income) is dismally low, about 18% of taxable (pension and SSDI), but not even 10% of my actual annual income.

 

In the end, I think I will submit my full 70-page 2022 Tax Return with all forms and attachments (except State returns), along with 1099s, VA letter, SSDI letter, DFAS letter, and six months of bank statements showing steady stream of deposits. I will write a cover letter explaining everything succintly, and hope this works.