I-864 RFE

[Lexdacs 0]

Hello,

I just received an RFE for I-864 AOS for my Fiance's Green Card Application. It stated that generic response (see image below) for an RFE. 

I’m wondering, since I petitioned my mother and submitted an I-864EZ with her application, do I need to include her as part of my household when submitting the I-864 for my fiancé’s Adjustment of Status.  Both my Mother and Fiance arrived here in the U.S 2 months apart.

Also, I believe I exceed the 125% poverty limit even if I add my mother as part of the household. I probably do not need an sponsor or perhaps should I get a joint sponsor? Would that help my case?

I hope the response letter was as more concise or at least it should've pointed out what I really missed. 

I really appreciate any help! 

[Edward and Jaycel 451]

When did you file the AOS? If you filled out an affidavit of support for your mother then yes you would consider her part of your household size. Did you list her on the I-864 that you filed for your wife as another immigrant that you have sponsored?

[Edward and Jaycel 451]

If it's just the three of you, according to USCIS poverty guidelines, 125% for household size of 3 is $32,275 so you would need to make more than that. Did you include proof of current income? (Paystubs, employer letter)

[Lexdacs 0]

Hello there! Thanks for responding. I filed my Fiance's AOS on December 26. As for my mother, I did not include her. I was not aware that I had to include my mother but your statement made a lot of sense since she's technically my dependent (due to i-864EZ). On the image below, is there where I add my mother as another Family member on Part 4 Item #5? (Red Arrow) 



As for the poverty guideline, I earn more than the 125% poverty guidline for 3 person household. So, I didn't think of adding a joint sponsorship is necessary unless I'm missing something or I made an incorrect assumption.  

I may have not provided documents like paystub and employment letter. Although I provided my latest/current tax year (2023) tax transcript from IRS.  In terms of Paystub and Tax Trasncript, How much paystub do I need to provide? 3 months worth of paystub or like the entire year?  Would that also be the same case with the Tax Transcript? Should I provide 3 years worth of tax transcript?

I really appreciate your time and help! 
 

[Edward and Jaycel 451]

35 minutes ago, Lexdacs said:

Hello there! Thanks for responding. I filed my Fiance's AOS on December 26. As for my mother, I did not include her. I was not aware that I had to include my mother but your statement made a lot of sense since she's technically my dependent (due to i-864EZ). On the image below, is there where I add my mother as another Family member on Part 4 Item #5? (Red Arrow) 


 

 

You should NOT have listed your wife in Part 4 Item 4 as in item 1 you are accounting for her as the principal immigrant listed in Part 3. You would NOT list your mother in Part 4 either as you already filed an I-864EZ for her. You would just list her in Part 5, Item 6 to properly calculate household size

 

 

Edited 1 hour ago by Edward and Jaycel

[Edward and Jaycel 451]

As far as proving current income - I included the most recent 6 months of my paystubs and a letter from my employer detailing my job title, my salary, my start date and that I am a full-time, regular (not contract) employee. I know some on here say you don't need 6 months of pay stubs but I went by the instructions for Form I-864 which says 6 months and an employer letter to support your current income claim. I gave them all that and we have not received an RFE (yet!) and we filed on November 18th. I would think they would have RFE'd us already if there was a deficiency in the I-864.