Similar to others here, we also received an RFE re: I-485 dated 1/5/2023 with a deadline to respond by 4/2/2023.
This what the RFE contains as to why it's being sent and what we'll need to do in response.
I am the sole petitioner/sponsor for my husband (K-1 beneficiary).
We have some questions we'd like to get your comments on.
Since the RFE says to "Provide a complete and correctly calculated household size on Form I-864", we plan to add a statement saying "I am married and my spouse is counted at #1." - Please let me know if you also filled this section out the same way as shown in the picture below (our original submission) since we're now unsure as to what they want corrected here. We are already married so we put zero for #3 and they note to not count a member of the household more than once. It is just my husband and myself in our household so we thought our form is complete and correct for this.
For ITRs for the most recent tax year, should we go ahead and just submit my 2021 ITR which does show Form 1040 Total Income above the 125% threshold or should we file 2022 (still above 125%) and submit that instead? Side note - we are pending my husband's SSN since we were unable to apply for one before the wedding and these AOS/EAD/AP submissions and though hoping to receive EAD soon with SSN, we may not be able to file taxes jointly so will have to file separately if we go the 2022 ITR route. We'd prefer filing jointly for tax benefits but whatever option gets faster response from USCIS will be the way we go.
Should we still include current employment letter, pay stubs, and bank statements in our response to RFE? - We originally provided these in our initial submission but nothing got uploaded to my husband's myUSCIS account so we're curious if this will just cause another RFE down the road if we provide them when my ITRs should be sufficient to show that I am able to support us both based on Form 1040 Total Income versus the 125% threshold.
We appreciate any feedback and also look forward to other's contributions here - they really help.
Thanks and good luck everyone!