Hi there, I submitted my i-485 to adjust status after I got married on the K1, I quickly received an NOA1 and my biometrics appointment is scheduled. Then I received another notice on my account stating that my spouse (sponsor) to my petition does not meet income requirements, when that is not true. Last year, income was over $54,000 for a household of 4 (including me) and the i-864 was completely filled out with this information and we included tax return 1040, all w2's which add up to the amount, pay stubs which show the current job earnings, which is more than $70k per year, current employment letter, all signed and recently dated.
My spouse (US citizen had a few jobs in 2020, because she was a substitute teacher when covid hit, she had to claim unemployment insurance for around 8 weeks and then got rehired over summer, and then a permanent teaching job from August 2020 to present, which started at $67k. She is currently still at her job, and her pay stubs show her making enough, along with all the documents listed above. Could somebody provide help if received a similar notice.
This is the letter detailing the initial evidence RFE:-
Why We Are Writing You
On December 14, 2021, you submitted your Form I-485. We are writing to inform you that we need more information
from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.
What You Need To Do
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, (blank) 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 their
household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or
submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a different
joint sponsor, you will need to:
Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must
be present and of the latest edition date.
Provide the joint sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size on Form I-864.
Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
Submit evidence of the joint sponsor's status as a United States citizen, United States National, or
Lawful Permanent Resident.
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.
If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify
based on the cash value of their significant assets. Assets must equal the stated difference between the
sponsor’s income and 125 percent of the federal poverty guideline for the sponsor’s household size.
Assets must equal the difference for applicants filing as orphans.
Assets must equal three times the difference for a spouse or child of a United States citizen.
Assets must equal five times the difference for all others.
Acceptable evidence of assets:
Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a
statement from an officer of the bank or other financial institution in which the sponsor has deposits, the
account balance averaged over a 12 month period, and current balance;
Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit;
Evidence of ownership, value/equity, and dates acquired of other personal property;
Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien
release of any real estate, and dates acquired.
For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See
Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.
You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor (blank)
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We are unable to process the I-864 because it has one or more deficiencies. In order for us to process
your application further, you must:
Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All
pages must be present and of the latest edition date.
Provide the petitioning sponsor's Social Security Number on Form I-864.
Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864.
Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting
tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax
year.
Note: Applicants using a family member's visa petition to adjust status must be listed as a family member on the
principal immigrant's Form I-864.
For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See
Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.
I'd appreciate all advice as we have submitted 1040, pay stubs, all w2's, employment letters.
Thank you in advance.