RFE because of Form-I-864, Affidavit of Support

[Dvm085 0]

This sucks! My wife got an RFE for I-864.

I only got my current job in US of ~$35,000 yearly salary last November and attached a letter from my employer. Almost all of my previous income for 2011, 2012 and most of 2013 was abroad (I wanted to be close to my fiance so U worked in her home country), which doesnt count/wasnt enough. In other words, tax returns do not reflect my current ability to support her, even though I have a letter from employer and also attached paystubs as of November. BTW I did fill out 2011/12/13 tax returns while working aborad and used foreign earned income exclusion form 2555.

RFE wants me to povide:

1)2012 tax returns and supporting documents

2)2013 FORM 2555 foreign earned income.

3)It states that based on the documents submitted with FORM I-864 the income did not meet the 125% poverty guideline. "Submitt evidence of assets or obtain a joint sponsor".

We applied for AOS following our marriage when she arrived on K-1. I supplied only 2013 tax returns (didnt attached FORM 2555 showing foreign earned income).

It looks like even though I do meet the income based criteria, the fact that I only had this job from November means I would need to get a co-sponsor. Could anybody please advise what are my options? I am really freaking out over this. How serious is RFE? I mean I know its serious, but I guess I would really appreciate some words of encouragements right now I just feel a bit helpless, since the letter says that I do not meet the requirement, when I clearly do with an income actually way over 125%. However, USCIS simply ignored my current employer letter and paystubs. This is ridiculus. I would understand if they simply requested 2012 tax returns and form 2555 for 2013, but why did they have to also say that I do not meet the requirements and my only two remaining options are "co-sponsor or assets".

[Harpa Timsah 13,258]

You are misreading things.

Current income is what matters, but you must prove the new income and also comply with the requirements of the I-864.

One requirement is last year's tax returns. 2013 is NOT due yet, so last year is 2012. You need to provide a complete 2012 tax return. (Your RFE mentions this specifically).

The RFE also state that you need your 2555 from your 2013 tax return. if you are going to show 2013 taxes earlier, it needs to be complete. Incomplete tax returns do not work for this.

One you satisfy that, the third message, (does not meet 125%) will disappear. You currently do not satisfy the requirements, because of missing documents, not because they ignored your employment letter. Make sense?

[Dvm085 0]

Thank you for responding! That does make sense.

Do you think that once I submit 2012 tax returns and 2555 for 2013 the third message will dispear even though the tax return do not prove the 125% income? I just want to make sure that they do not issue a denial. If they still are not happy I can ask my sister to be a co-sponsor. But do you think I should make her a co-sponsor now just to be safe? I'd rather not, plus considering my income I dont see any reason. I guess what I am wondering is whether USCIS can issue more than one RFE and not simply deny, so that I still have an option of using my sister in case (for some reason) they are still not satisfied once I sent out the 2012 tax returns and 2013 Form 2555?

[Harpa Timsah 13,258]

All RFEs for I-864 read like that. They say what is missing, then they say "You do not meet 125%" Because you currently lack evidence to be a sponsor. It says "Based on the documents submitted..."

If you provide what they ask for, you will be suitable. You have already provided paystubs and a letter of current employment, right? (If you hadn't they would have asked for it)

If your RFE response is not good enough, then they can either deny or send a second RFE. I think that adding a new co-sponsor now will be too confusing and open up much higher possibility of making mistakes. I would just make sure that you send back in what they ask, for complete 2012 taxes and complete 2013 taxes.

If you want more opinions, put in all the text of the RFE (or upload it) and people will take a look for you.

[Dvm085 0]

Gotcha! That makes sens. Yup, I already provided paystubs and employment letter. I think you are right that I should probably hold off on any co-sponsorship, so I will just go ahead and send them 2012 tax transcript (plus 2555 filed with it) and form 2555 for 2013 as requested.. Hope this works. I dont see any grounds they may have for denial. If that happens, I guess thats another battle.

Thank you!