The sponsor's income not enough - ideas?

[mmak 0]

Hello. I am a green card holder and I submitted an I-485 AOS Form for my wife along with supporting forms and documentation. I'm the only sponsor.

 

On February 14th, 2017, I received a Request for Initial Evidence (I-485) - "The sponsor's income on Federal income tax return does not meet or exceed 125% (100 %if military) of the poverty guideline".

 

I started working in the US in 2016. It was my first tax year in the US, and I earned only a fraction, about 1/4 of what I will earn normally in the future. My total income (line 22 on IRS Form 1040) was $12,299 for 2016 tax return. I know that this is not enough, so, because my wife also working (she employed by an overseas company and receive income from outside of US) I added a Form I-864a - Contract between Sponsor and Household Member and listed her income of $26,400. I have also attached a letter from her company stating that she will receive the salary of $26,400 for foreseeable future.

 

On April 18th, 2017, I received the same letter - Request for Initial Evidence (I-485) - "The sponsor's income on Federal income tax return does not meet or exceed 125% (100 %if military) of the poverty guideline".

 

What am I doing wrong? What should I change in my next reply?

[KULtoATL 1,551]

Your wife's income will not be considered for the affidavit of support that was filed for her AOS. You'll need a different co-sponsor.

[JB209 60]

As above, your wife's income does not count because they request US income, this means people who get paid in the US. You need a different co-sponsor with US income. 

 

Also so since your wife is the beneficiary, she can't sponsor herself

[Georgia16 2,858]

I see on your timeline this is your third RFE.

 

You better make sure to replay to it correct this time.

 

Find a co-sponsor. Either USC or permanent resident and also make sure they have enough income for themselves, their dependents and your wife.

[mmak 0]

Thank you for your suggestions. Yes, it's my third RFE. I have a timeframe to reply of 87 days for each RFE. So, considering we are alone in US and don't have anyone to cosponsor, is it possible to just reply to each RFE we receive to hold out until 2018. In 2018 I will submit a new Tax return with $60k+ in income and it would be more than enough to satisfy requirements? Because, otherwise, our I-485 will be denied and we will lost everything in terms of documents and fees paid (over $1.5k).

[Suss&Camm 2,213]

Your income should be enough - what evidence did you send originally, and what exactly was asked for in the first and second rfe. I'm asking because the statement "doesn't meet 125% income requirement" is always automatic if anything is missing. If you haven't sent enough evidence of your yearly income, you'll get that statement even if you meet the requirements. It is on you to supply enough evidence of it and without evidence it is the same as if you don't have that income.

 

Anyhow,  no you can't wait for rfe after rfe. You are lucky to have gotten 3 without a denial. Sometimes they deny after not responding well enough even to the first one. You are at a very high chance of denial and having to start over completely if you don't get this one right. 

[p-ana 933]

Most likely this is your last chance to prove the income is enough, never seen anyone get a fourth rfe. 

[Ebunoluwa 6,136]

Since your wife's income can't be used what do you make now at your job ? Or are you self employed ?
If your current income for 2017 will meet the guideline then submit evidence such as employer letter, pay stubs,
W2. It matters more what you make currently not what you made in 2016.

RFE's are dated, send it in by the date or you will be denied. You are lucky you got 3 instead of 1 and a denial.
 

[mmak 0]

Thank you guys for your replies. I currently make about $5-6k per month. As I self employed, I don't have pay-stubs. But I have my business and my personal (family) accounts showing monthly salary payments of $5-6k each for the past 12+ month. I am going to send 6 last statements for each account. Hopefully it will work.

[Ebunoluwa 6,136]

23 minutes ago, mmak said:

Thank you guys for your replies. I currently make about $5-6k per month. As I self employed, I don't have pay-stubs. But I have my business and my personal (family) accounts showing monthly salary payments of $5-6k each for the past 12+ month. I am going to send 6 last statements for each account. Hopefully it will work.

The last 6 statements may not be enough. You need more.
I am also self employed and received an RFE even though I made over the guidelines and they accepted what all I submitted.

I send in the following :
Past 12 months bank statements.
Bank letter stating deposits from the past 12 months and showing dates accounts opened.

Tax transcripts (you did not make enough in 2016 so you have to focus on current income evidence).
Professional license and business card in support of my letter explaining my business and why my projected income will be X amount

for the remainder of the year. (Projected).
They are interested in why you estimate you will continue to make this much so the PROJECTED income when you are self employed

is important.
I mentioned the popular and growing market for my services, my long term clients and that I have been in business for 20 years.
I also made a business ledger showing my past income and current income and projected income, just make a spreadsheet or
type up a simple letter and then pull it all together with a letter explaining your income minus business expenses.
The more you deduct the less income it will show of course on line 22 of your tax return.
If you have contracts or work as a sub contractor submit anything you have showing that,1099 etc...
Also send in your estimated payment tax receipts we are supposed to make quarterly as self employed business owners.
Take this seriously or you will face a denial. Do the best you can with everything you can muster up.

 

[mmak 0]

Thank you, Ebunoluwa. I just printed about 2kg of documents. 12 month of statements for both my business and personal accounts. Info about business sales, customers, etc., etc. And I am mailing all this paper waste now ;). Thank all of you for all your help.

[-Trinity- 513]

I believe you can also use assets to supplement your income to meet the requirements:

 

Part 7. Use of Assets to Supplement Income (Optional) Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on Part 5., Item Number 8.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

 

Page 8/part 7

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Edited July 8, 2017 by Dutchie2016

[Ebunoluwa 6,136]

47 minutes ago, mmak said:

Thank you, Ebunoluwa. I just printed about 2kg of documents. 12 month of statements for both my business and personal accounts. Info about business sales, customers, etc., etc. And I am mailing all this paper waste now ;). Thank all of you for all your help.

Don't forget projected income for the rest of the year and a letter explaining your business.
As I said they want to know that you will keep making that amount which is hard to prove when self employed except for all the items I mentioned.
Many times they RFE petitioners with jobs that only started working a few months ago and won't accept a 2 or 3 months work history
with pay stubs.
So it is even harder for the self employed. Best wishes for an approval.

[databit 328]

If you are self-employed, are you paying your federal taxes quarterly? Because you probably should be. The IRS does not like it when someone earning self-employed money does not pay as they go along (like employes that have their checks with taxes already subtracted). You are liable to get a big surprise when you file your taxes for 2017! You could owe a lot, not just the taxes, but also as a penalty.

 

If you do file quarterly, this could help establish your higher income. Tax returns are the undisputed best-accepted way of doing this for immigration.

 

 

Edited July 8, 2017 by databit

[goodlulck52 69]

You can also use your spouse's asset. The following is quoted from Page 9 of https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets