RFE for I-864

[Dan112 0]

Hi there, 

 

We recently applied for AOS from K-1 visa and just got an RFE. The RFE states as below: 

 

You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response. 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. If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for his or her household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. 

 

I just need some advice as I am not sure what the issue is because they are not that clear. I really don't know if we just filed the form wrong or if there is an issue with the sponsor (who is my husband from the K-1). 

 

In our original application we had written his last years total tax income which was around 13K. But since we applied for the k1 visa and now this AOS he has had a new job (salary of about 73k) and for a household of 2 that is well above the 125% federal poverty line. Is his last years tax return causing an issue? 

 

I did notice that on the I-864 some things that could be the issue maybe?

 

1. For part 6 under remarks 12. he did not write his current annual household income. 

2. for Federal Tax return information he ticked yes on part 15 but didn't file taxes in 2021 as he was a student at college. so excluding 2025 taxes he would only have filed 2 of the last three years. should he tick no? 

 

We don't want to add any assests and we also don't really have an option of a joint sponsor. 

 

We also added three paystubs of his current employment in the initial application for prove of current employment. 

 

If anyone could help with what I need to submit and/or do for this RFE that would be greatly appreciated as I am beyond stressed. 

 

Do I need to write a cover letter as to why his last tax return was not above the poverty line?

Do I need to add more paystubs for more recently and a longer period of time? 

Do I need to add a letter from his employer for employment verification? 

Do I need to resubmit form I-864 and tell them that we are resubmitting the form? 

Do I need to add bank statements to show proof of deposit? 

Do I need to add his birth certificate/passport

 

Note- we have until may 26th to submit our RFE. Should we wait until we can get 2025s tax return/transcript which will show this currently employment?

 

Edited 15 hours ago by Dan112
RFE return date and extra question

[wildbug100420 200]

31 minutes ago, Dan112 said:

Hi there, 

 

We recently applied for AOS from K-1 visa and just got an RFE. The RFE states as below: 

 

You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response. 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. If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for his or her household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. 

 

I just need some advice as I am not sure what the issue is because they are not that clear. I really don't know if we just filed the form wrong or if there is an issue with the sponsor (who is my husband from the K-1). 

 

In our original application we had written his last years total tax income which was around 13K. But since we applied for the k1 visa and now this AOS he has had a new job (salary of about 73k) and for a household of 2 that is well above the 125% federal poverty line. Is his last years tax return causing an issue? 

 

I did notice that on the I-864 some things that could be the issue maybe?

 

1. For part 6 under remarks 12. he did not write his current annual household income. 

2. for Federal Tax return information he ticked yes on part 15 but didn't file taxes in 2021 as he was a student at college. so excluding 2025 taxes he would only have filed 2 of the last three years. should he tick no? 

 

We don't want to add any assests and we also don't really have an option of a joint sponsor. 

 

We also added three paystubs of his current employment in the initial application for prove of current employment. 

 

If anyone could help with what I need to submit and/or do for this RFE that would be greatly appreciated as I am beyond stressed. 

 

Do I need to write a cover letter as to why his last tax return was not above the poverty line?

Do I need to add more paystubs for more recently and a longer period of time? 

Do I need to add a letter from his employer for employment verification? 

Do I need to resubmit form I-864 and tell them that we are resubmitting the form? 

Do I need to add bank statements to show proof of deposit? 

Do I need to add his birth certificate/passport

 

Note- we have until may 26th to submit our RFE. Should we wait until we can get 2025s tax return/transcript which will show this currently employment?

 

Please complete your timelines. Did you make a copy of your submission? Sounds like you need a joint sponsor. 

[Rocio0010 5,680]

2 hours ago, Dan112 said:

excluding 2025

I am assuming you mean 2024?

[Dan112 0]

2 hours ago, wildbug100420 said:

Please complete your timelines. Did you make a copy of your submission? Sounds like you need a joint sponsor. 

1. Arrived in US 09/13/24

2. Married 10/25/24

3. Applied for AOS 02/11/2025

3. Received confirmation letter 02/15/25

4. Received RFE 03/03/25

 

With the new portal they upload copies of everything we submitted. 

 

I don't understand why I would need a joint sponsor if from Jan 2024 he makes over 70k which is above the 125%???

48 minutes ago, Rocio0010 said:

I am assuming you mean 2024?

Yes sorry the 2024 tax return.

[Edward and Jaycel 876]

10 hours ago, Dan112 said:

1. For part 6 under remarks 12. he did not write his current annual household income. 

This is mandatory to be filled out. Take his gross earnings from his paystub and multiply it by the number of pay periods per year and put that number here.

 

10 hours ago, Dan112 said:

2. for Federal Tax return information he ticked yes on part 15 but didn't file taxes in 2021 as he was a student at college. so excluding 2025 taxes he would only have filed 2 of the last three years. should he tick no? 

He should have ticked “No” and in the box for 2021 put N/A

 

10 hours ago, Dan112 said:

Do I need to add more paystubs for more recently and a longer period of time? 

The instructions state to include 6 months of paystubs to support the answer in Part 6. Item 12. That’s what we did.

 

10 hours ago, Dan112 said:

Do I need to add a letter from his employer for employment verification?

If available then include it… the more evidence the better

 

10 hours ago, Dan112 said:

Do I need to resubmit form I-864 and tell them that we are resubmitting the form? 

You need to submit a new, complete form. You can tell them in your cover letter on the RFE response that is one of the items you are including

 

10 hours ago, Dan112 said:

Do I need to add his birth certificate/passport

YES Proof of citizenship should have been included with the original submission and should be included in the RFE response