This is not for me. I ve asked the couple in question to make an account on visajourney. I hope they do that. While it is a marginal case from the perspective of income, the petitioner does earn enough money but is having challenges proving it.
They received an RFE and did not respond with not everything asked for. The petitioner sent just sent a W-2, whereas the most recent federal tax return was asked for, as well as a new I-864. I believe implicit with that is that USCIS wanted pay stubs and an employment verification letter too.
Meanwhile the beneficiary got an EAD and SSN.
The denial says they were asked in the RFE to submit an I-864 from a joint sponsor, but the RFE did not say that. The petitioner does earn enough in 2021 so I don t think a joint sponsor would be needed.
They want to get a lawyer. Which if they can afford, I think they should do as this would be their third attempt at an I-485. But I also think if they cannot afford a lawyer, that following the VJ guides, posting on VJ when they have questions would work too.
Meanwhile they ve 33 days to file I-290B, refile, or the beneficiary can leave the USA.
My knee jerk reaction is they should refile (with an amended joint 2020 tax return now that the beneficiary has an SSN) but wanted to tap into the collective wisdom of VJ if the I-290B is worth considering here.
Thanks.