The i-864 is to be honest what I struggled with the most on the entire AOS, EAD, AP etc process, and we unfortunately received a RFE from USCIS. I am going to try to outline what we provided and what I believe to be the best hints on what they sent and maybe someone can help me identify the issue.
This is for my now wife, who I just moved back with from overseas so neither of us has qualifying income.
Original form:
Household size: 3 (immigrant, herself, her husband)
She is retired
current individual income: 51,000
current annual household income: 51,000
total income as reported on federal income tax returns: ~200,000 (different for the three years)
Included evidence:
1099 form composite, 1040s, and additional forms all for 2022. Copy of passport.
And additionally since my parents joint file, my stepdad did a i-864a.
Quotes from RFE, in order of appearance:
"Based on the documents submitted, we could not determine that the petitioning sponsor 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."
"Based on the documents submitted, we could not determine that the joint sponsor, [redacted], on Form I-864, Affidavit of Support, is qualified."
"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"
My theories on what could have been wrong:
- On my moms 2022 tax return, my brother who doesn't currently live in the house is listed as a dependent. Maybe he needs to be added to the household size then?
- Maybe I need to be added to the household despite not having lived there or been a dependent?
- Maybe we should have included a birth certificate to prove relationship to me as the principle sponsor?
- Maybe we filled out the I-864a incorrectly?
Unless someone here finds something our plan is just to include more of her assets in a resubmission. I hope this is useful to a future reader who runs into the same problem.