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Hi Guys,

My wife and I just received an RFE regarding the i864 affidavit of support. There are two points on it.

1. Resubmit page 4 as there is an incorrect household size - fine, this is easy.

2. The petitioners income does not meet the required 125% of the poverty limit. - This is strange to me as we submitted 3 years worth of tax returns, all making comfortably above the 125% limit. And for this year we submitted her contract of employment and most recent pay stubs which over the year equate to $42,000 before tax (We are applying as a house hold of two - the limit 125% poverty limit is just over $20,025 for a household of two).

The letter says they want either a joint sponsor or proof of assets to cover the difference - no mention of further information from her employer which suggests to me that they've made a decision on her earnings.

We can get a joint sponsor, it's not a huge problem but we would prefer not to go to our relatives and ask for support when we are already making enough money to meet the limits!

Do you guys have any suggestions on this?

Kind regards,

Stuart

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Filed: Citizen (apr) Country: Mexico
Timeline

It sounds like they saw a mistake and then simply overlooked the rest of your documentation, OR they misplaced it.

Correct the household size when filling out a new I-864. Make sure everything else is also correct. Provide again the most recent tax transcript(or last 3 again if you wish), letter from employer and up-to-date most recent pay stubs. Include a statement stating the fact that she more than meets the 125% income requirement, and has for the last X years.

If she is self-employed, the income amount on line 22 of her most recent 1040 must be what meets the requirement.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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It sounds like they saw a mistake and then simply overlooked the rest of your documentation, OR they misplaced it.

Correct the household size when filling out a new I-864. Make sure everything else is also correct. Provide again the most recent tax transcript(or last 3 again if you wish), letter from employer and up-to-date most recent pay stubs. Include a statement stating the fact that she more than meets the 125% income requirement, and has for the last X years.

If she is self-employed, the income amount on line 22 of her most recent 1040 must be what meets the requirement.

Many thanks, I'll do that and get a sponsor just to be sure.

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