Questions Regarding RFE Reply

[~ameriptian~ 54]

We got an RFE regarding our affidavit of support not meeting the 2010 poverty guidelines.

We are currently preparing the reply, but we have a few questions:

The gross income for the last tax year was 51.929 USD, while we still got an RFE saying that we did not meet the poverty guidelines. (Our household size is 6)

We read very closely and the form asked for 'the last 3 tax adjusted gross income'. Well, as the 51.929 USD adjusted gross is only 15.650 USD, that means that you would have to make about 200.000 a year just to meet adjusted gross income of a family of 4 not even 6?!

I'm very confused here...do they want our gross income on form 1040, or as they asked 'the very very low adjusted gross income'?

I just got the phone with USCIS and the representative could not answer my questions. The call was totally useless.

Any help would be appreciated.

Thank you,

John

[Anh map 2,098]

The income shown on line 22 of the tax form 1040 is what is evaluated. For a household of 6 this needs to be $36,912 or greater.

If the person is self-employed then the business deductions can bring the income below the required amount. In that case you could redo the tax return and eliminate the deductions (and wind up paying additional taxes) to meet the income requirement or secure a co/joint sponsor to meet the income requirement.

[~ameriptian~ 54]

The income shown on line 22 of the tax form 1040 is what is evaluated. For a household of 6 this needs to be $36,912 or greater.

If the person is self-employed then the business deductions can bring the income below the required amount. In that case you could redo the tax return and eliminate the deductions (and wind up paying additional taxes) to meet the income requirement or secure a co/joint sponsor to meet the income requirement.

So that means we have follow line 22 on 1040, not line 7 on part 1 of the whole income of 51.929 USD?

I'm still a bit confused. our joint spon filed total gross income of 51.929 USD, so that means I have to find another joint sponsor that makes more than me and the sponsor?, and above the total income line 22 for 36.912 USD??

Also, keep in mind I'm self-employed and I filed as the sponsor of my wife, I came close to the 125% above the poverty guidelines. We do have a joint sponsor, who is my business' co-owner. And we still got an RFE with 2 incomes.

[JimVaPhuong 4,863]

So that means we have follow line 22 on 1040, not line 7 on part 1 of the whole income of 51.929 USD?

I'm still a bit confused. our joint spon filed total gross income of 51.929 USD, so that means I have to find another joint sponsor that makes more than me and the sponsor?, and above the total income line 22 for 36.912 USD??

Also, keep in mind I'm self-employed and I filed as the sponsor of my wife, I came close to the 125% above the poverty guidelines. We do have a joint sponsor, who is my business' co-owner. And we still got an RFE with 2 incomes.

You're talking about line 7 in part 1 of form Schedule C. As a self-employed person you file taxes as a business. Schedule C is for determining how much total revenues your business had, deducts legitimate costs and expenses, and determines how much profit you have left to live on. This is the amount that's carried over to the 1040 form. Congress has granted some very liberal deductions for small businesses. This benefits you enormously when determining your taxable income, but bites you in the backside for qualifying as a sponsor. You won't be able to argue this point with USCIS. The I-864 instructions specifically state that they will use the "total income" line on the 1040 for determining your income.

If your total income on line 22 does not exceed the minimum threshold for your household size then you need a co-sponsor whose line 22 income is sufficient for their own household size (including the immigrant).

[~ameriptian~ 54]

You're talking about line 7 in part 1 of form Schedule C. As a self-employed person you file taxes as a business. Schedule C is for determining how much total revenues your business had, deducts legitimate costs and expenses, and determines how much profit you have left to live on. This is the amount that's carried over to the 1040 form. Congress has granted some very liberal deductions for small businesses. This benefits you enormously when determining your taxable income, but bites you in the backside for qualifying as a sponsor. You won't be able to argue this point with USCIS. The I-864 instructions specifically state that they will use the "total income" line on the 1040 for determining your income.

If your total income on line 22 does not exceed the minimum threshold for your household size then you need a co-sponsor whose line 22 income is sufficient for their own household size (including the immigrant).

Thank you for your reply.

I guess we'll need a cosponsor But the question is will the cosponsor sponsor both households (my household and their household) or ONLY my wife and their household?

Edited August 26, 2010 by Aya&John

[Anh map 2,098]

Cosponsor needs to show income that is sufficient for their own household plus the intending immigrant(s).

[~ameriptian~ 54]

Cosponsor needs to show income that is sufficient for their own household plus the intending immigrant(s).

Thank you.

[~ameriptian~ 54]

Cosponsor needs to show income that is sufficient for their own household plus the intending immigrant(s).

Well what if the cosponsor is a retired person, and pretty much all their income comes from social security and several assets, stocks, and bank accounts. Obviously social security doesn't exceed the 125% guideline, is there anything extra the cosponsor can submit?

Do I still have to resubmit my tax information and another affidavit of support with the RFE reply, or I will no longer be a sponsor for my wife?

[~ameriptian~ 54]

Any answers??

[Anh map 2,098]

The petitioner (US citizen spouse) is always the primary sponsor. Be sure to submit/resubmit the I-864 along with all the supporting documentation.

Social Security can be used as income for the I-864, any assets used are calculated at a 3:1 ratio ($3 of assets = $1 of income). (So if Social Security was $10K and you needed another $10K to qualify then the assets value must be $30K) When using assets be sure to follow the valuation rules in the I-864 instructions page 8. You can also refer to these I-864 FAQ from the State Dept. website >> http://travel.state.gov/visa/immigrants/info/info_3183.html

Also realize that the adjudicating officer can use their discretion regarding the assets. If they believe that liquidating the asset(s) would be a considerable hardship or financial loss then an asset may not be considered.

The cosponsor does not need to be a family member. Any US citizen or LPR can be a cosponsor.

[~ameriptian~ 54]

The petitioner (US citizen spouse) is always the primary sponsor. Be sure to submit/resubmit the I-864 along with all the supporting documentation.

Social Security can be used as income for the I-864, any assets used are calculated at a 3:1 ratio ($3 of assets = $1 of income). (So if Social Security was $10K and you needed another $10K to qualify then the assets value must be $30K) When using assets be sure to follow the valuation rules in the I-864 instructions page 8. You can also refer to these I-864 FAQ from the State Dept. website >> http://travel.state.gov/visa/immigrants/info/info_3183.html

Also realize that the adjudicating officer can use their discretion regarding the assets. If they believe that liquidating the asset(s) would be a considerable hardship or financial loss then an asset may not be considered.

The cosponsor does not need to be a family member. Any US citizen or LPR can be a cosponsor.

Well the RFE letter just asked for joint sponsor nothing about primary(me) sponsor. should i summit mine? or just send what they asked for.. joint sponsor..

Thank you for all your help