RFE i-864

[Caitlyn03 3]

I got an RFE on my AOS for insufficient income. They said this on there:

“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 husband does not make any income since he goes to school. So he has no income coming through, and he has not filed any taxes. My father-in-law agreed to be my joint sponsor. He had a company he no longer owns, and his adjusted gross income for the past 3 years was significantly lower than the household threshold. However, this year in June, he started a new job and he’s been making over $2,400 a week, which is around $100k yearly. I was able to provide 3 months of pay stubs, a letter explaining his past business income that will not affect him anymore, and employment verification.

 

I was told that current income was king. So what do I do?

I don’t know if the verification letter might be why, since it doesn’t mention a salary.
 

[OldUser 6,602]

If USCIS isn't happy with your joint sponsor's income, it's time to find a different eligible sponsor.

[Boiler 45,442]

I often wonder if the process is not automated.

 

It could be that it is produced because he does not have 3 clear years, what the CO will view as being good could be different. 

 

Presumably the interview is some way away.

[powerpuff 6,677]

1 hour ago, Caitlyn03 said:

I was told that current income was king. So what do I do?

I don’t know if the verification letter might be why, since it doesn’t mention a salary.

That could be why, the instructions (p. 8 )state that they want to see the annual salary.

“For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary.”

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

As I see it, you have two options. 
 

Option 1 is send an updated employment letter with an annual salary and add more paystubs, you (joint sponsor that is) should have 5 months worth of them by now. 
 

If USCIS isn’t satisfied with your RFE response, they will deny the case. 
 

The second option is to find a better joint sponsor but I also understand they don’t grow on trees and you might not have someone available. But it is a safer bet which is why it was suggested.

 

So you must decide which option you’d like to go with. 

Edited October 21 by powerpuff

[Caitlyn03 3]

3 minutes ago, powerpuff said:

That could be why, the instructions (p. 8 )state that they want to see the annual salary.

“For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary.”

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

As I see it, you have two options. 
 

Option 1 is send an updated employment letter with an annual salary and add more paystubs, you (joint sponsor that is) should have 5 months worth of them by now. 
 

If USCIS isn’t satisfied with your RFE response, they will deny the case. 
 

The second option is to find a better joint sponsor but I also understand they don’t grow on trees and you might not have someone available. But it is a safer bet which is why it was suggested.

 

So you must decide which option you’d like to go with. 

Thanks for this reply. I honestly think the employment verification letter could be the cause of it. It just mentions how he works full time and I can see why that might lead to scrutiny (lol). Should his EVL show his annual salary or his hourly wage?

 

I'll include his two cars as assets as a precaution (Truck 50k & subaru 10k) as well. 

 

I also realized that I put my joint's sponsor's address as my husband's so that could also be another reason why.

 

Do you think I should wait till I can get 5-6 months worth of paystubs before sending anything? and should I include proof that he no longer owns the business?  

[Marieke H 2,496]

Did you include an I-864 from your husband? Even though he does not have the income to sponsor you, he is your petitioning sponsor so an I-864 from him is required.

[Caitlyn03 3]

Just now, Marieke H said:

Did you include an I-864 from your husband? Even though he does not have the income to sponsor you, he is your petitioning sponsor so an I-864 from him is required.

Yes! We included his i-864 with an explanation with why he didn't file his taxes.

[powerpuff 6,677]

58 minutes ago, Caitlyn03 said:

Thanks for this reply. I honestly think the employment verification letter could be the cause of it. It just mentions how he works full time and I can see why that might lead to scrutiny (lol). Should his EVL show his annual salary or his hourly wage?

 

I'll include his two cars as assets as a precaution (Truck 50k & subaru 10k) as well. 

 

I also realized that I put my joint's sponsor's address as my husband's so that could also be another reason why.

 

Do you think I should wait till I can get 5-6 months worth of paystubs before sending anything? and should I include proof that he no longer owns the business?  

All of those could be the factors, USCIS always keeps I-864 RFEs super vague.

 

the letter should show the annual salary. When we sent ours a few years ago my husband was hourly and we calculated that into annual and HR signed. 
 

If it doesn’t cut close to the deadline, I would probably wait until 6 months of paystubs since that’s also in the instructions and the reviewing officer might be stickler for rules. 
 

As for the prior business, personally I wouldn’t include that as to not muddy the waters and just focus on the supporting evidence of the income.

 

good luck and keep us posted!

[Caitlyn03 3]

2 minutes ago, powerpuff said:

All of those could be the factors, USCIS always keeps I-864 RFEs super vague.

 

the letter should show the annual salary. When we sent ours a few years ago my husband was hourly and we calculated that into annual and HR signed. 
 

If it doesn’t cut close to the deadline, I would probably wait until 6 months of paystubs since that’s also in the instructions and the reviewing officer might be stickler for rules. 
 

As for the prior business, personally I wouldn’t include that as to not muddy the waters and just focus on the supporting evidence of the income.

 

good luck and keep us posted!

Deadline is on January 16th. He can get his last paystub probably on the 24th of December. If anything I'll have to send 23ish weeks (5 months) since he gets his paystubs every week. Hopefully that's not too close to the deadline 😬😬

 

I'll keep everyone updated!

[K1visaHopeful 2,810]

1 hour ago, Caitlyn03 said:

Thanks for this reply. I honestly think the employment verification letter could be the cause of it. It just mentions how he works full time and I can see why that might lead to scrutiny (lol). Should his EVL show his annual salary or his hourly wage?

Annual salary, employment start date on company letter head at least. No less than 6 months current paystubs. 

1 hour ago, Caitlyn03 said:

I'll include his two cars as assets as a precaution (Truck 50k & subaru 10k) as well. 

No. 

1 hour ago, Caitlyn03 said:

I also realized that I put my joint's sponsor's address as my husband's so that could also be another reason why.

That would make your Joint sponsor a CO sponsor and mean you filed the wrong form entirely.

CO sponsor's are parents, siblings or children of the sponsor who live with the sponsor. They CANNOT be joint sponsor's nor can they file I864s if they meet that familial relationship AND live together. They MUST file I864a's and MUST COmbine income with the sponsor so your calculations and forms would be wrong entirely.

Is your FIL a Joint sponsor or a COSponsor?

1 hour ago, Caitlyn03 said:

Do you think I should wait till I can get 5-6 months worth of paystubs before sending anything? and should I include proof that he no longer owns the business?  

No. You should file in time to remain in status. Find a new joint sponsor instead. 

[Caitlyn03 3]

8 minutes ago, K1visaHopeful said:

Annual salary, employment start date on company letter head at least. No less than 6 months current paystubs. 

No. 

That would make your Joint sponsor a CO sponsor and mean you filed the wrong form entirely.

CO sponsor's are parents, siblings or children of the sponsor who live with the sponsor. They CANNOT be joint sponsor's nor can they file I864s if they meet that familial relationship AND live together. They MUST file I864a's and MUST COmbine income with the sponsor so your calculations and forms would be wrong entirely.

Is your FIL a Joint sponsor or a COSponsor?

No. You should file in time to remain in status. Find a new joint sponsor instead. 

We don't live with his father. We accidentally put my husband's address on my father in law's i864. Do we still need to file i-864A?

Edited October 21 by Caitlyn03

[K1visaHopeful 2,810]

24 minutes ago, Caitlyn03 said:

We don't live with his father. We accidentally put my husband's address on my father in law's i864. Do we still need to file i-864A?

No. If you do not live together he is your Joint sponsor and not your COSponsor and you CANNOT COmbine income on an I864a. He'll have to amend his own I864 form with the correct address (and I'd provide proof with a photo copy of his photo ID with the current address stating he DOES NOT live with you) to prove he is that type of sponsor since your error suggests he is a different type of sponsor that requires a different form and calculations. ID with address will verify he isn't a co-sponsor and rectify your suggestion that he is but you filed the WRONG FORM initially correcting your error. 

Edited October 21 by K1visaHopeful