RFE for Affidavit of Support

[Pzs 12]

Hello! I received an RFE a month and a half ago and out attorney has been working on a response and will hopefully send it out next week. The problem is the RFE states that my husband doesn’t make enough to sponsor me (just me and him and our household) but he does. He makes almost $26,000 a year and the guidelines ask for $20,500. We are unable to get a joint sponsor as theres no one willing to help us out with that. We met up with our attourney today and she explained that she can’t guarantee that she can convince them that he makes enough, which he does... he makes $6,000 over what they’re asking for. We’re really worried, is there anything we can do about that? 

[mushroomspore 3,043]

5 minutes ago, Pzs said:

Hello! I received an RFE a month and a half ago and out attorney has been working on a response and will hopefully send it out next week. The problem is the RFE states that my husband doesn’t make enough to sponsor me (just me and him and our household) but he does. He makes almost $26,000 a year and the guidelines ask for $20,500. We are unable to get a joint sponsor as theres no one willing to help us out with that. We met up with our attourney today and she explained that she can’t guarantee that she can convince them that he makes enough, which he does... he makes $6,000 over what they’re asking for. We’re really worried, is there anything we can do about that? 

What supporting documents did you send with the I-864? 

[debbiedoo 2,339]

2 minutes ago, mushroomspore said:

What supporting documents did you send with the I-864? 

that. what evidence did you send with it?

[Pzs 12]

We sent his tax returns from last year and all of his pay stubs. He started working in the middle of 2017 so the 2017 return only had 6 months of pay but hes been working there for over 12 months now and has gotten multiple raises. 

[Pzs 12]

26 minutes ago, debbiedoo said:

that. what evidence did you send with it?

2017 tax return plus all of his pay stubs. 

[GreatDane 366]

1 minute ago, Pzs said:

2017 tax return plus all of his pay stubs. 

What was his 2017 tax return? Does he work in an industry where his income is from tipping or fluctuate - like a car salesman? Does he have any children?

Edited July 10, 2018 by GreatDane

[Pzs 12]

Just now, GreatDane said:

What was his 2017 tax return? Does he work in an industry where his income is from tipping or fluctuate - like a car salesman? Does he have any children?

It was our joint return for $12,399 as hed only worked for 6 months when we filed. He has made another $15,000 in the past 6 months so for the whole year its around $27,000. He works at a hotel, he gets overtime regularly and does not rely on tips although they do get bonuses but they are not that much, his bonuses for the past 12 months are less than $1000. He doesn’t have any kids. 

[debbiedoo 2,339]

add a letter of employment from his employer stating his wage and hours he works and that hes full time or whatever, and resubmit that with the tax transcript from 2017 and all paystubs in 2018.

 

thats how I would approach it, anyways. 

[mushroomspore 3,043]

I second sending a letter of employment from his employer with info like salary, nature of the job, how long he's worked there, how many hours he works a week.

 

Also add pay stubs from when you originally filed AoS to now and full 2017 tax transcript.

[Pzs 12]

2 minutes ago, mushroomspore said:

I second sending a letter of employment from his employer with info like salary, nature of the job, how long he's worked there, how many hours he works a week.

 

Also add pay stubs from when you originally filed AoS to now and full 2017 tax transcript.

He got an employment letter from both his manager and supervisor stating how much he makes, that he works overtime regularly, the nature of his job, how long he’s worked there,stating that hes a very good employee and does a very good job doing what he does as well as how much he makes now and the fact he received multiple raises throughout his employment there. I also ordered a tax transcript from the irs and already gave it to the lawyer. Her saying that she can’t guarantee that would “convince” them that he makes enough really freaked us out today. We just don’t know what else to do. We also noticed that she sumbitted an outdated edition of I-864 with our application but she said thats not what the RFE is asking for and that she would fix it when she responds to the RFE. 

[GreatDane 366]

11 minutes ago, Pzs said:

He got an employment letter from both his manager and supervisor stating how much he makes, that he works overtime regularly, the nature of his job, how long he’s worked there,stating that hes a very good employee and does a very good job doing what he does as well as how much he makes now and the fact he received multiple raises throughout his employment there. I also ordered a tax transcript from the irs and already gave it to the lawyer. Her saying that she can’t guarantee that would “convince” them that he makes enough really freaked us out today. We just don’t know what else to do. We also noticed that she sumbitted an outdated edition of I-864 with our application but she said thats not what the RFE is asking for and that she would fix it when she responds to the RFE. 

The next step is to see whether you have any friends or family that can co-sponsor. That would take away any doubt.

[Pzs 12]

Just now, GreatDane said:

The next step is to see whether you have any friends or family that can co-sponsor. That would take away any doubt.

Unfortunately we don’t have anyone who can be our co-sponsor. His family doesn’t make any money and theres no one else who could help us out with that...

[GreatDane 366]

Just now, Pzs said:

Unfortunately we don’t have anyone who can be our co-sponsor. His family doesn’t make any money and theres no one else who could help us out with that...

Well, as with all things USCIS (and in life), there are no guarantees. Submit your pay stubs, 2017 taxes, and employment letters and hope for the best. That's what you can do at this point. With all the overtime, it seems unlikely, but maybe he can get a second job or look for one with a higher pay while the RFE is processing. His income is a bit low, but it should meet the threshold. At that level, they might look into you to evaluate your likelihood to financially contribute, etc.

[Kmr92 3]

Your lawyer seems lazy and careless. You need to prove you won't be a public charge so I think those letters from management proving secure employment is good enough and if you have concerns, call USCIS help line and ask a representative there if those proofs will be sufficient. The fact that your lawyer submitted an outdated affidavit shows you how careless they are and should know exactly how to convince USCIS. Double check all the documents that are going to be submitted to USCIS and definitely confirm in a phone call with them if the evidence u want to provide is sufficient or not before sending. I never depend on a lawyer to do all the work for me because they don't care that much.

Edited July 11, 2018 by Kmr92

[Pzs 12]

15 minutes ago, GreatDane said:

Well, as with all things USCIS (and in life), there are no guarantees. Submit your pay stubs, 2017 taxes, and employment letters and hope for the best. That's what you can do at this point. With all the overtime, it seems unlikely, but maybe he can get a second job or look for one with a higher pay while the RFE is processing. His income is a bit low, but it should meet the threshold. At that level, they might look into you to evaluate your likelihood to financially contribute, etc.

Thank you so much for your responses. Hopefully it’ll all be good. He works night shifts at his job so a second job in the daytime leaves him with almost no time for rest. Its killing me that he has to work so hard and all I can do is sit at home.