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On 2/22/2024, USCIS confirmed receipt on my wife's AOS package sent to Eglin. One week later they sent an RFE: "Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines." I checked the form a thousand times. everything was filed out and signed properly. I included evidence of income for the past three years: IRS Transcripts, latest 1099 from the Social Security Disability, and a letter of benefits from the Veterans Administration indicating that my payments are permanent. My number of dependents (including my immigrant spouse and an adult disabled child NOT LIVING WITH ME, puts me a 3 people in the household, according to the worksheet. Even with her daughter coming next year (separate IR-2 petition), it would be 4 people in the household. On Page 5, questions 24.a,b,c, I wrote down my income over the past 3 years as per my Tax Transcripts for 2020, 2021, 2022. The IRS "computer income" is a bit below the 125% HHS Poverty guidelines because it reflects the reduction "on paper" of 85% of my SSDI being tax exempt. In reality between those two income streams alone my gross income is way over 125% limit for a household with 8 people. Adding my VA compesation, however, DOUBLES my annual income and makes it leap OVER the guidelines for a household of 15 people. I clearly stated my GROSS income on Part 5 (7), and Part 6 (20), which dramatically differs from the IRS tanscript, but for which I submitted official government documentation as proof. Having read beforehand that some veterans had problems with USCIS refusing to acknowledge VA disability compensation pay as a source of income, I included the following statements in the "Additional Information" page: "Real Gross Income is $xx1,711/yr, $x,316/ monthly: Military retirement ($x,124); Social Security Disability ($x,990); VA Disability Compensation ($x,202). VA benefits are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low." "IRS Tax Transcripts do not reflect VA benefits (projected $X0,424/yr for 2024) since these are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low." So my questions are: Are these forms machine read and therefore prone to "logic errors" or lack of context? Do they even bother to read the "additional information" pages for context? What new information am I supposed to send that I have not already submitted? *Should I send a message to the officer reviewing my case via the USCIS message tool? Of note, the letter was sent from- and must be replied to- this address. It is normal to parse out AOS packages to field offices? My assigned center was Chicago as I am in Maryland. U.S. Department of Homeland Security USCIS, Attention: Adjustment of Status PO Box 648004 850 NW Chipman Rd Lee’s Summit, MO 64002 Thank you all in advanced for your responses.

What if my spouse didn’t make enough income the last 3 years, but this year he’s making enough ? Can he still sponsor me?

Hi everyone. I’m filling out the affidavit of support and I have 3 questions regarding Part 6. 1. I was just currently employed, but I have not been paid yet as my start date is in a couple of weeks. Where it ask about my income and position do I input what is on my offer letter and contract even though I haven’t received any money yet? 2. it says “income you are using from any other person who was counted in your household size” would I add my partners income when he is the beneficiary? Technically he is a part of my household, but I’m not sure if I leave his income out or not. 3. Will they be going based off of what I'm earning in the future? Or what I have earned in the past? I didn't work for a couple of years due to having a baby so I didn't have to file taxes, I'm not sure if this will mess things up or not? I'm using a joint sponsor, but I just wanted to ask for caution. TIA!

We are preparing our final docs before our appointment at the London embassy. I am confused with regards to the Affidavit of Support (Form I-864). For context: I (beneficiary) and my spouse (US Citizen) have been living in the UK for the last 10 years. Due to the lack of a tax treaty & overall complexities for US filings, our investments are in my name in a Vanguard S&S ISA. We also have around 10k GBP cash across our current accounts (joint) On top of this, we currently own a property that shows our current equity as £140k (based on our mortgage summary page, deducting outstanding balance from their current valuation). We would like to use assets only to cover the requirement. My understanding is that we need to provide 3x 125% of the poverty line, so roughly $80,000 USD, to qualify. Presuming my SO/sponsor won't have a US income yet due to leaving their UK job to move, I am unsure which route we should take for filling this part. I would extremely appreciate any advice here because I am struggling to make sense of the "easiest" way to document all this, and whether I am able to cover these assets in my name only, or if the sponsor needs to show they can cover me? Any help would be wonderful. Thanks

To do the AOS, adjusted gross income is required to show (I am self employed). This whole covid thing really kept me from making the money I needed to make, but I did finally recover in 2022. How many year's back taxes do we need to show to do my Wife's AOS? Would 2022 alone be sufficient, or do we need to show 3 years of back taxes. She is not planning to work anywhere, so basically at this point, we just want to do a AOS, if more than last years taxes would be required. I had a loss for 2019, 2020, and 2021. Again, 2022 I did well and am quite a above the 125% of poverty level. Just me and the Wife here. Will I need a co-sponsor to get this done?

Hey all, I've been RFE'd two times now, the first for not handwriting a date on the I-864 (yeah, I know) and the second RFE due to not meeting the minimum income threshold, despite providing evidence in the form of tax returns and W-2s showing income above the income threshold. For the first RFE, our lawyer suggested we just resubmitted a new document with a hand written date, just to appease the NVC. However for second RFE we don't know what else we can provide. I understand that the officials are just doing a checkbox exercise, but what are they looking for specifically if not Tax returns and W-2's. It should be noted that my partner and I have been living abroad for 4 years and she's only returned to American employment in the last few months. We sat on our DS-260 until she had surpassed the income threshold, then provided to the NVC 3 years of tax returns, 3 W-2 slips (showing income in excess of minimum requirements), we attached a contract of employment from a state employer and as double-insurance, we provided a print-out of publicly available State Employee incomes. It's obvious to us and our immigration lawyers that we exceed the income threshold, but what else can we provide to the NVC as this is the second needless delay in an already slow ordeal.

Hi I'm applying to bring my husband to US under IR1. My husband received a 221g slip after the interview asking for a missing tax document from the joint-sponsor. However, I noted that in this last year, the sponsor did not make the minimum income under the poverty guide. So, I'm thinking about applying with my husband's foreign income instead. He works remotely for an American company but he's in a branch, so his income is not in USD but he makes way more than the minimum. My question is: As I'm not sending what the 221g is asking for, will that be a problem? Can they terminate or send back my case to USCIS if, for some reason, my husband's income is not accepted or I get a new chance? THANKS

Our case is I-485(AOS) family-based, was submitted in June 2022 together with I-864 affidavit of support. The questions: my wife (the petitioner and the sponsor) wants to quit her job, and do not work for a about 6-12months while we are waiting for the interview invitation. Can this negatively affect our interview and our case? Do they ask for any documents regarding the current income and active job on interview? All was fine for the moment of our application, but is the sponsor expected to maintain her sufficient income during the whole processing time (which is around 20months for our field office)? Details: My wife, LPR, is the only sponsor. She has been working in USA for more than 2 years, having a decent annual salary that is several times higher than the poverty guideline. For the form I-864 she showed with her tax report this decent situation for the year 2021. We estimated, that even if she quits right now in September, her income for this year 2022 is far above the guideline. She wants to quit and do not plan to work for about a 6-12months, because she wants to sit with our 6m old baby. Our family can live on her savings for about the same amount of time. I am ready to start the work as soon as I got the work permit (but still waiting). I am highly grateful for any answers and suggestions.

Hi everyone, I (petitioner) filed for my husband's CR-1 this past April so we are still waiting for I-130 to get approved. I started a job in April but the pay hasn't been very good and I am looking to switch jobs to one with better pay (way above the FPL). Will this affect our application when we get to the NVC stage? Or depending on the length of time between me starting a new higher paying job and the date we submit documents to NVC it will be alright? Basically, how many paystubs are needed from a current job at the NVC stage after your I-130 is approved? I have my tax returns for the past three years, but I made foreign income because I was living abroad. However, it was still technically above the FPL. Do you think I will probably need to get a joint sponsor in this case due to having foreign income from 2019-2021 and switching jobs in 2022 in the U.S.? My lawyer made it sound like getting a joint sponsor is a lot of work paperwork wise, but I do have someone I can ask to be a joint sponsor if necessary. Thank you for any help or suggestions!

Hello! Last year my sponsor’s income was extremely low due to covid. This year he got a new job, and his salary is high, but since they ask to provide his last year tax return, to prove the income (which doesn’t make any sense, how can his past income prove he is eligible to sponsor me now) the income, shown there, it insufficient to sponsor me. Is it possible to use his current income for I-864 instead of the one listed on the last year tax return? What documents should he provide to prove that his current income is enough to be my sponsor?

Part6 23 What do we have to do if my U.S. sponsor lived in a different country until recently and don't have any tax return history last 5 years?

Hi there, my wife (USC) and I (Canadian citizen) are currently living in Canada and are finishing up our NVC stage of the application. We were told that it's best if we have a joint sponsor, but I'm thinking that we arguably do not need one. Our background: My wife's current income (at her job in Canada) is roughly $50,500 USD (converted at today's market rate). Our total value of liquidable assets in Canada is equivalent to $69,000 USD. Given that our household size is 2 (should we not use a joint sponsor) and the Federal Poverty Guideline is $22,887 - we are well beyond the FPGx3 number ($68,661 USD). My wife and I are not going to be continuing our current jobs after we arrive in the United States. Therefore, I have 2 questions: 1. Is my wife's current income (at her Canadian job) countable towards our net worth as it relates to our application or not? 2. Do we actually need a joint sponsor, given all of the information above, or can we just apply as a 2 person household and be sure to include evidence for all of our assets currently in Canada (i.e. savings accoutn statements, investment account statements, etc.)? Thank you so much for your help!

Hi everybody, Here is the landscape: I'm a single father, living with my 3month old daughter. Currently claiming unemployment benefit because I can't work on-site with an infant on hand, been unemployed since mid February 2022 . I do earn well above the poverty rate and we are a household of 2 (My daughter and I). I can get back to work once my mother comes over. would selecting 'Unemployed' (Form i-864, Part 6) negatively effect my mother's case at NVC or should I wait to get a job first and then proceed? Thanks