whats going On!!?2nd RFE makes zero sense- stuff already sent in (twice) and then joint sponsor income doesnt meet poverty guidlines (but it does)

[Mochara 2]

Ok,

So I am currently in the US in the middle of the AOS process, and we have just recieved after 5 months of filing, another RFE.

It's very confusing because it states a number of things and requires 3 bits of evidence:

• First it states that a Complete Federal Tax Form was not submitted by the Joint sponsor (but it was)

• Secondly it states that on the Federal Income form submitted, the Joint sponsors income does not meet the poverty guidelines (125%) (But it does, the joint sponsor earns about 60,000 a year, and is only sponsoring me, and the household size is 4 including myself)

On the same note it says the Joint sponsors information on form I-864 claims his income to be sufficient, but has not provided evidence ie. letter of employment stating dates, salary ect.

First question, Wouldnt the tax forms submitted serve as proof of income??

• Thirdly it states
  "Based on the documents submitted with form I-864 affidavit of support, for the joint sponsor, the income did not meet 125% of the poverty guidline for the joint sponsors household size.
  Submit evidence of assetts or obtain a different joint sponsor"
  
  
  
  
  So essentially its saying that 60,000 is not enough to meet the poverty guidelines for me, my husband(sponsor), Father in law (joint sponsor) and mother in law. a household size of 4, which on the I-864 gudinlines, says 29,000 is the figure.
  
  
  How is that possible?
  
  
  It states it twice on the RFE so they must be getting something wrong.
  
  The only thing I can think of is that My husbands sister Lives in another state, but sometimes visits our home for weeks at a time. Her kids are registered as attending school in florida, but she home schools them from Virgina and for some odd reason gets all her post sent here. (no idea, dont understand it myself)
  
  Anyway, Could that be part of it?
  
  
  Even though she doesnt live here 10 months of the year, doesnt work, and her husband works in another state so files all his taxes there; could it somehow be interfering with the Affidavit of support? she has 3 kids, so if that's showing up on there system or whatever, even though its not included on any of our forms, or the joint sponsors Tax forms, could an extra 5 people be showing up in the household size? I have no idea how the US tax or property system works, but it makes me confused that theyve stated Twice on the RFE that the Joint sponsor's income does not meet the household size, even though for the 4 people that live here (me and husband and his parents) his income should cover it plenty?
  
  
  Any help would be appreciated. We have an infopass this Saturday so going to bring all the stuff there and bombard them with questions, but I'm curious with regards to the sister situation.
  
  But that said, if she was added to the household size, that would make the household size 8 or 9, which means the poverty income rate would be 56,000. His dad still makes over that? So if that was the way they were calculating it, it would cover the size regardless.
  
  Has anyone else had such issues?
  
  
  Help would be greatly appreciated.
  
  
  
  
  
  
  
  
  

[Ketsuban 1,034]

Ok,

So I am currently in the US in the middle of the AOS process, and we have just recieved after 5 months of filing, another RFE.

It's very confusing because it states a number of things and requires 3 bits of evidence:

• First it states that a Complete Federal Tax Form was not submitted by the Joint sponsor (but it was)

  It's best to send Tax Return Transcripts that your joint sponsor can download from the IRS website. Is this what he sent in? Most of the time the 1040 by itself is not enough.

• Secondly it states that on the Federal Income form submitted, the Joint sponsors income does not meet the poverty guidelines (125%) (But it does, the joint sponsor earns about 60,000 a year, and is only sponsoring me, and the household size is 4 including myself)

  Is the joint sponsor self-employed? If so, does he have business expenses that he excluded from his taxable income? If he makes $60,000 a year but say $50,000 of it has been put towards expenses then his income for that year comes to only $10,000. Expenses aren't included in the total income for the I-864.

On the same note it says the Joint sponsors information on form I-864 claims his income to be sufficient, but has not provided evidence ie. letter of employment stating dates, salary ect.

First question, Wouldnt the tax forms submitted serve as proof of income??

Tax forms serve the purpose of letting USCIS know he has filed his taxes (a requirement for the I-864). They want to know what he is likely to make in the next 365 days and for that he would need proof he is currently employed/self employed and earning money. E.g. a letter from his employer, bank account statements (if self employed), pay-stubs for the past few months...

• Thirdly it states

  "Based on the documents submitted with form I-864 affidavit of support, for the joint sponsor, the income did not meet 125% of the poverty guidline for the joint sponsors household size.

  Submit evidence of assetts or obtain a different joint sponsor"

  So essentially its saying that 60,000 is not enough to meet the poverty guidelines for me, my husband(sponsor), Father in law (joint sponsor) and mother in law. a household size of 4, which on the I-864 gudinlines, says 29,000 is the figure.

  How is that possible?

  It states it twice on the RFE so they must be getting something wrong.

  The only thing I can think of is that My husbands sister Lives in another state, but sometimes visits our home for weeks at a time. Her kids are registered as attending school in florida, but she home schools them from Virgina and for some odd reason gets all her post sent here. (no idea, dont understand it myself)

  Anyway, Could that be part of it?

  I doubt this unless he claims them as dependents on his tax returns too.

  ​

Even though she doesnt live here 10 months of the year, doesnt work, and her husband works in another state so files all his taxes there; could it somehow be interfering with the Affidavit of support? she has 3 kids, so if that's showing up on there system or whatever, even though its not included on any of our forms, or the joint sponsors Tax forms, could an extra 5 people be showing up in the household size? I have no idea how the US tax or property system works, but it makes me confused that theyve stated Twice on the RFE that the Joint sponsor's income does not meet the household size, even though for the 4 people that live here (me and husband and his parents) his income should cover it plenty?

Any help would be appreciated. We have an infopass this Saturday so going to bring all the stuff there and bombard them with questions, but I'm curious with regards to the sister situation.

But that said, if she was added to the household size, that would make the household size 8 or 9, which means the poverty income rate would be 56,000. His dad still makes over that? So if that was the way they were calculating it, it would cover the size regardless.

Has anyone else had such issues?

Help would be greatly appreciated.

Please see my answers in red above which might shed some light.

Edited February 5, 2015 by Ketsuban

[dwheels76 5,463]

Secondly it states that on the Federal Income form submitted, the Joint sponsors income does not meet the poverty guidelines (125%) (But it does, the joint sponsor earns about 60,000 a year, and is only sponsoring me, and the household size is 4 including myself)

So essentially its saying that 60,000 is not enough to meet the poverty guidelines for me, my husband(sponsor), Father in law (joint sponsor) and mother in law. a household size of 4, which on the I-864 gudinlines, says 29,000 is the figure.

I noticed on here you talk about a family of 4 but if this is the family size it's only 3. Just to point this out. And Did the Mother also fill out a I-864A?

Does the joint sponsor make the guidelines currently as well as previously year?

Some adjudicators look at both? That cold be a factor?

[Mochara 2]

thanks for your replies.


The joint sponsor is not self employed, hes worked with the same company the last 2 years, making over 50-70, 000 more or less the past 3 years. He doesnt claim business expenses. He does have high medical bills, but has insurance, so not sure if that plays any part? Hes literally just changed jobs and now working for a new company.


Im sorry if im a bit all over the place with information- I dont have ay understanding of the tax forms needed and my husband (the US. citizen who should really be on asking for tips) is literally beng zero help so i've no one else to ask.

With the I-864 we sent in:

• The petitioners Federal income returns for the last three years -Form 1040A, 2011-2013- Income does not meet the poverty guidelines.
  The joint sponsors federal income from the last 3 years -Form W-2 and tax statement (2011-2013), income over 60,000 the last 3 years.
  
  We did not send in a Letter from the employer, or bank statements, or pay stubs.
  
  
  On the I-864 we havent combined the income of the primary sponsor (petitioner) and the joint sponsor, we are just using the income of the joint sponsor because in order to combine both (and file forms I-864A) they need to both reside in the house, but the joint sponsor owns the residence, but works in a different state. Also the petitioner cant combine income with anyone, has to meet guidelines on his own- as I understand it? could be wrong, have been before!
  -

To be honest, household size is confusing me because While me and my husband live in my husbands parents house, the parents live and work in a different state. so household size is really just me and my husband, but the parents get all theyre mail sent here and own the house I put them as living in the same residence as me and my husband on the I-864 -maybe i shouldnt have? since they don't actually reside in florida most of the time?

Oh and the mother did not fill out an I-864A because she doesnt work. No I-864A were sent in. only 2 I-864's for the petition and joint sponsor

Would that affect it?

Edited February 5, 2015 by Mochara

[Darnell 8,478]

which visa did you hold when you came into the USA? I ask, because I think you've posted in the wrong forum.

[Mochara 2]

I was actually denied on the ESTA and issued a parole document at the airport. So came into the US as a parolee

[Darnell 8,478]

ok - you you two filed I-130+i-485, right ?

[Mochara 2]

Yes.

Petition approved, I 485 and everything else on hold since December because they FORGOT to send us the RFE until Feburary!

The date on the letter is the 12th of December, but they didnt post it until the 2nd of February.

Thats USCIS for ye.

[Ontarkie 13,918]

~~Moved to AOS from Tourist, from IR1/CR1 process and procedures~~

[dwheels76 5,463]

thanks for your replies.

The joint sponsor is not self employed, hes worked with the same company the last 2 years, making over 50-70, 000 more or less the past 3 years. He doesnt claim business expenses. He does have high medical bills, but has insurance, so not sure if that plays any part? Hes literally just changed jobs and now working for a new company.

Im sorry if im a bit all over the place with information- I dont have ay understanding of the tax forms needed and my husband (the US. citizen who should really be on asking for tips) is literally beng zero help so i've no one else to ask.

With the I-864 we sent in:

• The petitioners Federal income returns for the last three years -Form 1040A, 2011-2013- Income does not meet the poverty guidelines.

  The joint sponsors federal income from the last 3 years -Form W-2 and tax statement (2011-2013), income over 60,000 the last 3 years.

  We did not send in a Letter from the employer, or bank statements, or pay stubs.

  On the I-864 we havent combined the income of the primary sponsor (petitioner) and the joint sponsor, we are just using the income of the joint sponsor because in order to combine both (and file forms I-864A) they need to both reside in the house, but the joint sponsor owns the residence, but works in a different state. Also the petitioner cant combine income with anyone, has to meet guidelines on his own- as I understand it? could be wrong, have been before!

  -

To be honest, household size is confusing me because While me and my husband live in my husbands parents house, the parents live and work in a different state. so household size is really just me and my husband, but the parents get all theyre mail sent here and own the house I put them as living in the same residence as me and my husband on the I-864 -maybe i shouldnt have? since they don't actually reside in florida most of the time?

Oh and the mother did not fill out an I-864A because she doesnt work. No I-864A were sent in. only 2 I-864's for the petition and joint sponsor

Would that affect it?

Household size isn't about who lives in your house . It's about who you claim as dependents. So I would gather your joint sponsor (father - in-law) has him and his wife and now its you . Household size is 3. So income wise he meets it. But is the $60,00 all his income? Is any of that $60 her income at all. Did they file jointly?

I personally would just start from the top ask dad to order the last 3 years tax transcripts (just taxes about a week to get in mail. Get a letter of employment from his job stating his title and his hourly or yearly income. and that he is a full time employee and I would also include his 2014 W2 showing what he made for last year and a copy of his last pay-stub to show what he is making now. Get that all together and send it in and so it within the time-frame. Do not miss that date or you will be denied.

[NancyNguyen 1,657]

Spouse of cosponsor needs to do I-864A.

Tax transcripts instead of tax return copy.

InfoPass at local office won't help, NBC processes financial matters.

Good luck.

[Mochara 2]

They did file jointly, but as far as I know, she doesnt work. She claims disability allowance.


If they file jointly does he need a seperate tax/income breakdown? if so, where can i get that done?

If joint sponsor spouse does not work but they file jointly, she also needs to fill out i-864A? ok, can do that.

• So Tax Transcripts, Wage and W2 transcripts

• Letter of employment from new job

• Pay stubs and Bank statements

- does my husband the petitioner need to send this stuff in too?


Thank you thank you thank you for all your help

[Ms Hogan 295]

Tell your husband to get off his duff and help you with this. These are forms that he should be familiar with and can at least be helping you pull together. You said it yourself, so I'm only confirming what you said. He should be helping you with this!

If your MIL claims disability then does that need to be reported? If you can take a look at the tax transcripts you can see their filing status, too. Then you know what's going on there. Did you SEE his tax transcripts when you submitted them or did your husband send them?

Did YOU fill out the form or did they fill them out? Is something entered in the wrong spot? The person receiving the documents will only look at where things should be and won't examine it beyond that. When I did our AOS I had one adjudicator say that my son's paperwork didn't match the total amount of income as compared to the tax transcript when in fact they did. It happened to be a bit of a light scan and even though mine and my other son's applications had the EXACT SAME document quality and same document and were fine, we got a checklist for my one son.

Do you have copies of all the documents? Maybe go through them line by line again and make sure everything is filled out in the correct spot and corresponding accurately.

[Boiler 43,540]

I was actually denied on the ESTA and issued a parole document at the airport. So came into the US as a parolee

You would have been denied entry on the VWP.

Why may be relevant.

Sounds like you do not have a lawyer

[Mochara 2]

boiler,

We dont have a lawyer. I was denied entry because DHS are idiots, and the particular officer I spoke to just felt like being nasty. I was denied on the ESTA because I had a pending I-130-even though I had travelled with a pending I-130 multiple times before. The officer was young and just started making stuff up really "Oh well the last officer was giving you a break" "just because we let you in before doesnt mean you can go in again". , what so theres literally no written rule against it?! so he gave me the parole card since I was "between status'es" and he told me to make my mind up -either stay in the US and adjust status, or leave but never be allowed in on the ESTA again.