Dan112

Oh okay thank you for the amazing information. I just have one more question. So we submitted this form in February this year (2025) and seeing as its not tax season just yet my husband hasn't filed his taxes for 2024. In January 2024 he got a new job -- which he is still currently at that makes about 70k a year. Which is plenty for a 2 household sponsor. But his 2023 taxes he only made roughly 18k. So... 1. Should we wait until we get his 2024 tax return to respond to the RFE (Due in May) 2. Do we base the current household income field off of the 2023 tax return? 3. Or can we as you mentioned, based the current household income off of his paystub gross earnings and submit the paystubs, employment verification and w2s (all those as evidence as well)?? Thank you again for all the help and sorry for the stupid questions -- the stress is making me feel like i need this explained as if I'm 5 haha.

Okay thank you so much! From what I have stated do you think those are the reasons for the RFE? Not that the actual sponsor is an issue just that we messed up filing?

1. Arrived in US 09/13/24 2. Married 10/25/24 3. Applied for AOS 02/11/2025 3. Received confirmation letter 02/15/25 4. Received RFE 03/03/25 With the new portal they upload copies of everything we submitted. I don't understand why I would need a joint sponsor if from Jan 2024 he makes over 70k which is above the 125%??? Yes sorry the 2024 tax return.

Hi there, We recently applied for AOS from K-1 visa and just got an RFE. The RFE states as below: 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 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 his or her household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. I just need some advice as I am not sure what the issue is because they are not that clear. I really don't know if we just filed the form wrong or if there is an issue with the sponsor (who is my husband from the K-1). In our original application we had written his last years total tax income which was around 13K. But since we applied for the k1 visa and now this AOS he has had a new job (salary of about 73k) and for a household of 2 that is well above the 125% federal poverty line. Is his last years tax return causing an issue? I did notice that on the I-864 some things that could be the issue maybe? 1. For part 6 under remarks 12. he did not write his current annual household income. 2. for Federal Tax return information he ticked yes on part 15 but didn't file taxes in 2021 as he was a student at college. so excluding 2025 taxes he would only have filed 2 of the last three years. should he tick no? We don't want to add any assests and we also don't really have an option of a joint sponsor. We also added three paystubs of his current employment in the initial application for prove of current employment. If anyone could help with what I need to submit and/or do for this RFE that would be greatly appreciated as I am beyond stressed. Do I need to write a cover letter as to why his last tax return was not above the poverty line? Do I need to add more paystubs for more recently and a longer period of time? Do I need to add a letter from his employer for employment verification? Do I need to resubmit form I-864 and tell them that we are resubmitting the form? Do I need to add bank statements to show proof of deposit? Do I need to add his birth certificate/passport Note- we have until may 26th to submit our RFE. Should we wait until we can get 2025s tax return/transcript which will show this currently employment?