I (petitioner) just received an RFE on form i-864, which I’ve attached to this post. We filed about 4 weeks ago (mid-November 2022) and USCIS was unclear whether I qualify as a sponsor based on the Total Income section of IRS Form 1040 from the latest tax year (2021). I was a student working a part-time job and internship, so my AGI for 2021 was about $400 short of the 125% federal poverty guideline. However, I have been working for the past 6 months at a job which pays much more than this.
Since the year is almost over, I’m wondering if it makes sense to wait for my w2 from my current employer, then file the 2022 IRS Form 1040 and submit that as a supporting document? I am concerned about timelines in this case, as the RFE requires a response by March 10, 2023.
I have also read that recent paystubs and a letter of employment indicating salary can be used as supporting documents. Is this a safe bet? The cash value of my assets also far exceeds the requirement and has for well over a year, though I’ve heard that asset-based evidence of sponsorship is riskier. I am working with an immigration lawyer, who keeps dismissing any suggestions I have (with no explanation) and simply tells me to find a joint sponsor and resubmit. The only potential joint sponsors in my life are likely to be retiring soon, so I am concerned about their ability to continue to meet the income requirement for the duration of sponsorship, and want to avoid joint sponsorship in general unless absolutely necessary.
I-485-RFE-Notice-Redacted-compressed.pdf
