Request for Evidence for I-864, unsure what to submit

[KateIdewo 5]

My husband is a K-visa immigrant applying for adjustment of status. We applied using a joint sponsor as I am currently unemployed. The joint sponsor has a household of 3 (sponsor, spouse, and immigrant) and is retired, making just over 41k, which exceed 125% of the poverty line. We submitted a pension letter and a letter from social security. The joint sponsor also has over 200k in liquid assets. We did not include assets on the I-864 because the income exceeded the requirement. We submitted tax returns and W-2s for the last 3 years for myself, the joint sponsor, and W2s for the spouse of the joint sponsor (they filed taxes jointly).

 

The request for evidence says:

"Based on the documents submitted, we could not determine that the joint sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the joint 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. If the joint sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets."

 

It then goes on to say what to do if you decide to obtain a different joint sponsor and explain how assets can be used to make up the income and acceptable evidence for assets.

It then repeats all of that for the petitioner.

 

I'm fairly certain that I completed the I-184 correctly and submitted everything I needed to. I have absolutely no idea what to submit for the RFE. Should I resubmit the I-184 but add in the assets and evidence of assets? Or does this mean I made a mistake on the documents? Should I include all the tax documents I previously submitted? Or is time to hire a lawyer?

 

Edited August 13 by KateIdewo
typo in form name

[OldUser 6,979]

The best call is to find a different joint sponsor.

 

For the household size of 3, the 125% of HHS Poverty Guidelines is $32275.

 

But if you count the forth person being sponsored, the minimum is $39000.

 

I don't know how I'd live on $41k of income on my own, let alone in a household of 4. It's a pretty close call, I think that's why USCIS isn't fully convinced.

[sarahjourney 5]

From the RFE it does seem like USCIS wants to see clearer evidence that the joint sponsor's household income meets the required threshold for your family size. Given it's such a close call with their current income, I would suggest following @OldUser advice and trying to find another joint sponsor with a higher salary. Provide a new I-864 with the updated information. You could also include an explanatory cover letter mentioning you're submitting a new sponsor in response to the RFE. Best of luck - hopefully the new sponsor documentation will satisfy USCIS!

[powerpuff 6,744]

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