RFE not sure what to send

[jujulia 0]

Hello everyone, hope all is well with you!

 

My name is Julia, I got married in July, under a K1 visa, and sent my AOS application in August. Me and my husband decided to put his mother as household member that is going to help him to meet the financial requirements for the AOS, since we're living with her. He filled out the form I-864 as the sponsor and she filled out the I-864A, as a household member.

 

We sent: both this forms, together with my husband's tax returns for 2023, 2022 and 2021, his bank statements for both his checking and savings account for the past 6 months, my mother-in-law's tax return for 2022 and 2021 (she didn't have to file taxes for 2023, because she only receives retirement benefits from Social Security, which are non-taxable), her retirement benefits statements for 2023, 2022 and 2021 with translations from Spanish and a letter certifying the translation was accurate and complete, the tax document for her house, that counts as assets to meet the requirements, and her proof of citizenship.
With my husband's savings, my mother-in-law's retirement benefits and her house, we calculated and we definitely meet the requirements.

 

Now, we received the following RFE:

"Based on the documents submitted, we could not determine that the petitioning sponsor, OMAR GERARDO, and the petitioning sponsor's household member(s) listed on Form I-864, Affidavit of Support, are qualified. In order to be qualified, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the combined income of the petitioning sponsor and the petitioning sponsor's household member(s) meets 125 percent (100 percent if military) of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. If the combined income of the petitioning sponsor and the petitioning sponsor's household member(s) does not meet 125 percent (100 percent if military) of the federal poverty guideline for the sponsor's household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information"

 

I have two questions about this RFE, that I really need help with:

 

1 - We thought about asking my mother-in-law to fill out a new I-864, now as a joint sponsor, and send them this new form, her tax returns and retirement benefits from Social Security documents for 2023, 2022 and 2021, a letter from her explaining why she didn't file taxes in 2023, the deed of her house (that has more information about her ownership and we didn't send the first time) and a letter from the bank with my husband's savings account information for the past 12 months. What do you think about it, is it okay to have her as a joint sponsor, instead of a household member that would help?

 

2 - If we continue with this option, in the part of form I-864 related to the household size, what would be the number I should put in her form as a joint sponsor? Me and my husband live with her, so tecnically it'd be a household of 3, but he's the sponsor and I don't know if I need to include him on her form too and in what part of the household size I should include him.

 

Thank you very much you all since now! Best wishes too for all of you that are also in this process!

 

[OldUser 6,608]

Did the mother in law actually earn well above 125% of poverty guideline in each of the last three years?

[jujulia 0]

21 minutes ago, OldUser said:

Did the mother in law actually earn well above 125% of poverty guideline in each of the last three years?

She doesn’t, but she meets the requirement with her assets, which is her house. And my husband meets with his savings

[OldUser 6,608]

1 hour ago, jujulia said:

She doesn’t, but she meets the requirement with her assets, which is her house. And my husband meets with his savings

Primary residence is typically ignored as an asset by USCIS When it comes to husband's savings, is it cash? Is it five times the difference between 125% poverty guideline and his current income?

 

Ideally you should be looking for a joint sponsor with qualifying income.

Edited October 20 by OldUser

[K1visaHopeful 2,810]

A parent, sibling or child that LIVES with you is a CO sponsor. 

They cannot be a joint sponsor unless they do not live with you therefore they do not qualify to file a separate I864.

[jujulia 0]

On 10/20/2024 at 7:52 AM, K1visaHopeful said:

A parent, sibling or child that LIVES with you is a CO sponsor. 

They cannot be a joint sponsor unless they do not live with you therefore they do not qualify to file a separate I864.

Thank you very much for your answer, I didn't know that! It helped me a lot, I'm already putting all the documents together to send.

[K1visaHopeful 2,810]

9 minutes ago, jujulia said:

Thank you very much for your answer, I didn't know that! It helped me a lot, I'm already putting all the documents together to send.

You're welcome. Now please fill your your completely blank VJ timeline in reciprocity. While our answers help you, your stats on your timeline helps every VJ member. A blank one helps no one.