RFE – Co Sponsor/125% Poverty Line

[jelti 0]

I know I posted essentially the same thing yesterday but I wanted to repost and explain something’s including what the RFE notice said.

"This office is unable to complete the processing of your Application of Register Permanent Residence or Adjust Status, (Form I-485) without additional information"…. "You must submit the information within 87 (eighty-seven) days to the following address"… "Failure to do so will result in a denial."

"(11) We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form I-864 based on the documents submitted with Form I-864. Submit proof that the petitioner’s household income meets or exceeds 125% of the federal poverty line. If the petitioner’s household income does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds 125% of the federal poverty line for the joint sponsor’s household size."

I’m assuming that means.. get a co sponsor (which we cant, we’ve more chance of winning the lotto ) or prove that we meet or exceed 125% of the federal poverty line (which we more than do ).. The only short falls in Melissa’s income to show she may not be able to support me (even though she’s more than supported me for 7+ months now and am far from starving or “sponging off the government” !) would be present in her past 2 years tax returns, where for one year she was at University in Scotland and the second year she was with me in Ireland! Of course this year we’re both together in the US therefore her new income which exceeds 125% of the poverty line only starts when she returned the US in the last year to start working so she could get over the 125% poverty line so she could send the original affidavit for my K-1 interview!

Problem we have now is, if we resubmit everything right now and explain everything in a cover letter and we then get denied after that, we’re really screwed ! We have no way to pay for a plane ticket for me to leave the country; we need all the time we can get to raise cash just in case. Anyway if I’m forced to leave I’d be going back home to nothing, I’ve nothing left back there apart from some family & friends! I have no job, I have no house or flat and I’d have the dole cue to look forward to and possibly a government housing waiting list .. yay that’s fun! Obliviously Melissa would come with me but what would we do? She’d also be as unemployed over there as I would and it would take a very long time to get back on our feet again. Obliviously we wouldn’t just remain unemployed for ever back home but it’d make things undeniably difficulty to restart our lives a second time within a year.

My apologies for such a long post.. I’m open to all and any options…

[Kez/JWolf 6]

Is there no way for you to get a co-sponsor... family, friends etc.....

if you feel that she does meet the 125% maybe you need an appointment with a Immigration lawyer to help you through this bump in the road....

Don't give up think positive and I am sure you will find a way to sort this...

Kezzie

[Jenn! 918]

I don't mean to pry, but do you say that a co-sponsor is out of the question because you have exhausted all of your options. Or is it simply because you have too much pride to ask?

No judgement - if it were an issue for us, I would definitely fall into the second category there...

[zyggy 9]

I know I posted essentially the same thing yesterday but I wanted to repost and explain something’s including what the RFE notice said.

"This office is unable to complete the processing of your Application of Register Permanent Residence or Adjust Status, (Form I-485) without additional information"…. "You must submit the information within 87 (eighty-seven) days to the following address"… "Failure to do so will result in a denial."

"(11) We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form I-864 based on the documents submitted with Form I-864. Submit proof that the petitioner’s household income meets or exceeds 125% of the federal poverty line. If the petitioner’s household income does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds 125% of the federal poverty line for the joint sponsor’s household size."

I’m assuming that means.. get a co sponsor (which we cant, we’ve more chance of winning the lotto ) or prove that we meet or exceed 125% of the federal poverty line (which we more than do ).. The only short falls in Melissa’s income to show she may not be able to support me (even though she’s more than supported me for 7+ months now and am far from starving or “sponging off the government” !) would be present in her past 2 years tax returns, where for one year she was at University in Scotland and the second year she was with me in Ireland! Of course this year we’re both together in the US therefore her new income which exceeds 125% of the poverty line only starts when she returned the US in the last year to start working so she could get over the 125% poverty line so she could send the original affidavit for my K-1 interview!

Problem we have now is, if we resubmit everything right now and explain everything in a cover letter and we then get denied after that, we’re really screwed ! We have no way to pay for a plane ticket for me to leave the country; we need all the time we can get to raise cash just in case. Anyway if I’m forced to leave I’d be going back home to nothing, I’ve nothing left back there apart from some family & friends! I have no job, I have no house or flat and I’d have the dole cue to look forward to and possibly a government housing waiting list .. yay that’s fun! Obliviously Melissa would come with me but what would we do? She’d also be as unemployed over there as I would and it would take a very long time to get back on our feet again. Obliviously we wouldn’t just remain unemployed for ever back home but it’d make things undeniably difficulty to restart our lives a second time within a year.

My apologies for such a long post.. I’m open to all and any options…

See my comments on Canuck Carrie's post...

http://www.visajourney.com/forums/index.php?showtopic=16518

Do you really have no avenue for a co-sponsor, or are you just afraid to ask. Any US Citizen or PR can be a co-sponsor, I would start asking anyone who knows you and explain to them what's going on. You really are at the end of your barrel, I would be doing everything in my power to get them what they want...

Edited June 9, 2006 by zyggy

[jelti 0]

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

[zyggy 9]

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

It seemed that you had a lovely wedding.. who were the guests... I would start asking them...

Edited June 9, 2006 by zyggy

[Jenn! 918]

This may be crazy, but I'm just trying to throw ideas out there. Do you know anyone that, even though they aren't willing to take on the responsibility of being a co-sponsor, might be willing to temporary sign over some assets to you?

I know there might be tax issues involved, but maybe there's some way to get around it with family members....

Edited June 9, 2006 by jenn3539

[jelti 0]

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

It seemed that you had a lovely wedding.. who were the guests... I would start asking them...

Thank you, zyggy, but we are simply wondering if anyone has any ideas besides "get a cosponsor". I do have friends, but they, like me, live in small towns in Central Florida and most of them make minimum wage. I'm not sure why people seem to think it's so easy to just "get a cosponsor". We simply cannot do it.

We do, however, want to make this work. So we are simply looking for other suggestions and/or ideas.

Thank you again.

This may be crazy, but I'm just trying to throw ideas out there. Do you know anyone that, even though they aren't willing to take on the responsibility of being a co-sponsor, might be willing to temporary sign over some assets to you?

I know there might be tax issues involved, but maybe there's some way to get around it with family members....

Jenn, thank you for that, it's actually a wonderful idea...but my only family is my mom and the only asset she has is her house.

[zyggy 9]

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

It seemed that you had a lovely wedding.. who were the guests... I would start asking them...

Thank you, zyggy, but we are simply wondering if anyone has any ideas besides "get a cosponsor". I do have friends, but they, like me, live in small towns in Central Florida and most of them make minimum wage. I'm not sure why people seem to think it's so easy to just "get a cosponsor". We simply cannot do it.

We do, however, want to make this work. So we are simply looking for other suggestions and/or ideas.

Thank you again.

Hmmmm... I'm hoping that you know someone who has the assets to make it work... What about your friend's parents, maybe they have enough equity in their house to make it work, 401k's, bank accounts... There has to be someone.

You already gave them the kitchen sink regarding your situation and they rejected it, you have to look outside the box... I'll keep pondering this and maybe other will have ideas as well, but you're going to have to look outdies the two of you to make this work... I know that your frustrated about the answer about getting a co-sponsor, but in your case, I think that is your only option...

Edited June 9, 2006 by zyggy

[jelti 0]

I know that your frustrated about the answer about getting a co-sponsor, but in your case, I think that is your only option...

That's what we were afraid of...

Thank you for all your help.

[americangirl 0]

This is a tough one...it sucks, but if you didn't make above the poverty line for the last few years, you could be making millions this year and it wouldn't help (well, maybe millions would help, but anything less than that...). I had to get a cosponsor even though I earn way over the poverty line, because my job began Jan. 1 of this year and it's not on last year's tax returns! (I just graduated from college and was earning part-time college-student wages for the past four years.)

You could try to get an Infopass appointment and explain the situation - bring pay stubs, a letter from your employer saying what you earn, etc. That might help. But even with a good explanation, they may still require a co-sponsor. (That's what I was told when I called USCIS to ask - the woman said they look for a "history of earning" and I don't have that, and that I could explain the situation but it probably wouldn't do anything.)

Do you have friends that you could ask? Surely one of them would be happy to do this...

I'm so sorry you're going through this. I would co-sponsor you if I could!

[Jenn! 918]

Try writing a cover letter first explaining your situation and see what they say. Don't give up all hope just yet.

[jelti 0]

Try writing a cover letter first explaining your situation and see what they say. Don't give up all hope just yet.

We're planning on doing that at the end of the 87 days...the reason we have to do that at the end, though, is because if they deny us, we'll have to go back immediately. At least we'd have 80-somethin days to save up some cash for plane tickets...

[zyggy 9]

Try writing a cover letter first explaining your situation and see what they say. Don't give up all hope just yet.

We're planning on doing that at the end of the 87 days...the reason we have to do that at the end, though, is because if they deny us, we'll have to go back immediately. At least we'd have 80-somethin days to save up some cash for plane tickets...

You have a choice.. you can be defeatist and give up hope.. or you can fight like hell to find someone who will stand up for the two of you... Stop thinking of the dark side, and start fighting like hell... Pull out all the stops, talk to anyone you know and tell them your situation... if it doesn't work, ask them again after you've asked everyone else... Keep on trying until the last minute... Do not give up...

[digbeezgrl 0]

Melissa and Aiden,

I feel your pain completely. Sean and I have NO ONE to ask either. Seems like there is not much

understanding of this sometimes. I just have NO options for a co sponser, and without getting in to

personal details of each of our lives, if you say you have no sponser or potential sponser, I think

it's more respectful just to believe you and try to come up with alternatives.

Our problem is the same. I do not have tax returns for the last few years, having had a stretch of

very bad financial luck and large gaps in unemployment.

Other than a letter from my employer now, which states my CURRENT income and the fact that I am

a long-term, permanent employee, I have NO proof. It just happens this way sometimes.

Now, if you've been here, both working, and making the 125%, did they say that showing pay stubs, bank

statements, and employment letters did not suffice as proof?

What exactly was it that you were able to submit?

Seems to me that if your household currently meets the requirements, all else should be immaterial...

Ah, lovely immigration.

Edited June 9, 2006 by digbeezgrl