RFE income requirement although clearly meet the %125

[Cool_Immigrant 3]

I received my RFE letter today and it states that my joint sponsor doesn't meet the income requirements. However, he clearly does. His income is 62, 742.00 annualy and the household size is 5 people. I really don't know what to send them since he already meets the requirement, please help me I am so frustrated.

[Cool_Immigrant 3]

P.S : I included 3 most recent IRS Tax Transcripts, paystubs, joint sponsor's birth certificate, proof of address, state ID. I don't know what they want me to send them.

[NancyNguyen 1,657]

What is number on last tax return? Does he file jointly with his wife? If yes, wife needs to do I-864A.

[Cool_Immigrant 3]

What is number on last tax return? Does he file jointly with his wife? If yes, wife needs to do I-864A.

Hi NancyNguyen, the number in his tax return is $62,742 adjusted gross income with a household size of 5 people, including me and my wife (we are a separate household) it's 7 people. I just checked the 125% of poverty line for 7 people and it's $45,913. His filing status is : Married Filing Joint but his wife (my step-mom) is not working so she does not have any income. I don't understand why they are asking for all supporting tax docs although I sent them the IRS transcript, sponsor's bc, paystubs which contains everything. Also, they indicate that he doesn't meet the income requirement but he clearly does. You can see the RFE itself below, I am grateful for your help.

[aaron2020 11,651]

Hi NancyNguyen, the number in his tax return is $62,742 adjusted gross income with a household size of 5 people, including me and my wife (we are a separate household) it's 7 people. I just checked the 125% of poverty line for 7 people and it's $45,913. His filing status is : Married Filing Joint but his wife (my step-mom) is not working so she does not have any income. I don't understand why they are asking for all supporting tax docs although I sent them the IRS transcript, sponsor's bc, paystubs which contains everything. Also, they indicate that he doesn't meet the income requirement but he clearly does. You can see the RFE itself below, I am grateful for your help.

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How are you calculating the Joint Sponosr's household? You are doing it in an awkward way. You do not combine his household count and yours. That's not how it works.

Who exactly are you counting? Are there two immigrants including the JS's family of 5? Does the JS have active I-864s for immigrants he has already sponsored?

[Cool_Immigrant 3]

How are you calculating the Joint Sponosr's household? You are doing it in an awkward way. You do not combine his household count and yours. That's not how it works.

Who exactly are you counting? Are there two immigrants including the JS's family of 5? Does the JS have active I-864s for immigrants he has already sponsored?

Okay, sorry for the confusion. There are 5 people in total in JS's household and 2 people (me and my wife) in my household.

Including me (as the immigrant the JS sponsoring) he reported a total of 6 household size in I-864 Part 5 #8 (even if I don't live with the JS household, I864 wants him to include me in the form I-864 Part 5 #1). The number 7 was the worst case scenario in my mind, just to justify even if I include my wife his income would be enough to cover anyways. I think that's what made it sound confusing.

JS is only sponsoring me, no one else.

Edited January 31, 2015 by Cool_Immigrant

[aaron2020 11,651]

Okay, sorry for the confusion. There are 5 people in total in JS's household and 2 people (me and my wife) in my household.

Including me (as the immigrant the JS sponsoring) he reported a total of 6 household size in I-864 Part 5 #8 (even if I don't live with the JS household, I864 wants him to include me in the form I-864 Part 5 #1). The number 7 was the worst case scenario in my mind, just to justify even if I include my wife his income would be enough to cover anyways. I think that's what made it sound confusing.

JS is only sponsoring me, no one else.

Then his household count for the I-864 is 6 based on your info.

You did not answer whether he has sponsor other immigrants. If he did, then they are counted if they are still green card holders. These LPRs would increase his household count.

[Cool_Immigrant 3]

Then his household count for the I-864 is 6 based on your info.

You did not answer whether he has sponsor other immigrants. If he did, then they are counted if they are still green card holders. These LPRs would increase his household count.

He never sponsored anyone else before. I am the only immigrant he sponsored so far. The only thing I can think of is the officer looking at my case misread something in his paystubs since his paystubs were weekly and for 6 months there was quite a bit of paper to read. I made an Infopass appointment for Feb 9, do you think I will still have to respond to this RFE if I show the officer the transcripts I submitted and prove that he meets the income requirements? Oh and today I called the USCIS Customer Service and after a 3.5 hours of wait I managed to speak with a Tier 2, he said he made a service request and an officer will go over my case.

[Cool_Immigrant 3]

What is number on last tax return? Does he file jointly with his wife? If yes, wife needs to do I-864A.

This was golden advice, I think it explains everything since USCIS usually don't ask for W-2 and supporting documents along with Tax Transcript but this time they do since they want to make sure that my JS makes that income by himself not combined with his wife's income because he filed jointly with his spouse and we didn't submit I-864A. And the second part about not meeting the income requirement just means that they want me to prove that it's his income. Thanks a lot NancyNguyen!

Edited January 31, 2015 by Cool_Immigrant

[Cool_Immigrant 3]

I just don't understand why USCIS implies in form 864 instructions that they won't need W-2 and supporting docs if we submit a Tax Transcript though. This is contradicting, I submitted tax transcripts and now they are asking for W-2 and supporting docs ... ridiculous...

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099
that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s)
rather than a photocopy."

Edited January 31, 2015 by Cool_Immigrant

[NancyNguyen 1,657]

I just don't understand why USCIS implies in form 864 instructions that they won't need W-2 and supporting docs if we submit a Tax Transcript though. This is contradicting, I submitted tax transcripts and now they are asking for W-2 and supporting docs ... ridiculous...

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s)

rather than a photocopy."

My cousin AOS received RFE for same thing, even co-sponsor (her sister-in-law) tax income is more than $100,000 but RFE states same thing, 125% not met. My cousin insisted income was enough in an explanation letter. They sent second RFE but they clearly wrote down (hand-writing text from examiner) that her husband (brother-in-law) needed to fill I-864A because income was from both person. EAD was approved within 2 weeks after I-864A was submitted.

In your case, his wife needs to do I-864A, and include tax transcripts again. Don't forget their status documents. Good luck.

[KayDeeCee 4,891]

Since they file taxes jointly, he needed to prove his individual income. In that situation you would need to provide the W-2 to show his exact individual income from the joint return, even though using a tax transcript.

It tends to be much easier for the spouse to fill out an I-864A to go along with their spouse's I-864. Some adjudicators are nit-picky and want to see the I-864A from a spouse, even if the spouse is not earning anything to combine on the I-864.

[NancyNguyen 1,657]

Since they file taxes jointly, he needed to prove his individual income. In that situation you would need to provide the W-2 to show his exact individual income from the joint return, even though using a tax transcript.

It tends to be much easier for the spouse to fill out an I-864A to go along with their spouse's I-864. Some adjudicators are nit-picky and want to see the I-864A from a spouse, even if the spouse is not earning anything to combine on the I-864.

Exactly, sometime I-864A is like a consent to let spouse use income to sponsor an immigrant.

[Bjorn&lyne 20]

Keep in mind that the sponsor has to support his own family then on top of that also be able to support your family too as a sponsor. Maybe the USCIS looks at is as the sponsor has potentially at least 7-8 people to support in 2 separate households combined. Based on the poverty guidelines for 7-8 people, the sponsor still makes above the 125% poverty guidelines threshold, though, which is what should matter unless something else is clearly stated by the USCIS or the RFE.

Edited January 31, 2015 by Bjorn&lyne

[Cool_Immigrant 3]

Thanks a lot for your inputs, I don't know what I would do if this forum and awesome members like you didn't exist. So should I send the Affidavit of Support over again but this time with I-864A and the actual tax return (not transcript) along with supporting forms? The second part says that the JS doesn't make enough income simply because I didn't submit an 864A so I don't have to include assets or anything right? (since his income is enough). The RFE just asks for the W-2 and other forms but do you think sending the whole package again just to be safe would be a wise idea?