RFE Affidavit of Support

[filipinay 0]

Hello Fellow VJers

I received our RFE letter today and it says petitioner's income did not meet 125% of federal poverty line for the household size.

I don't understand but we have submitted all the transcripts my husband who is the USC has income (line 22 of the transcript) of 19,514 for Y 2009 in his ITR and income of $ 10,404 from his own business for which we filed Form 1065. If you total the 2 it is more than the required in poverty guidelines or was it wrong to compute it this way? This was for Y2009 which was really a bad year for him but for Y08 and Y07 he made more than 100K.

His current income was $ 70K gross for which we have included 3 month's copy of his payslips and letter from his employer stating when he was hired, his position, salary and other job related matters that we thought would help prove his ability to support us.

From this alone I don't think we need a co sponsor in our petition but we received an RFE, what do you think is the best solution for this? Is it ok to send the same forms and a letter explaining our case and show computation or is it better to have a joint sponsor? Also, my husband has quit his job and started on his new job last week. The papers we have submitted in the current income were from his old job now that we got RFE which current income should we consider now? Has anyone encountered the same problem? It really confuses me

Thank you in advance and any advise will be much appreciated.

[JimVaPhuong 4,863]

I'm not sure what you meant by how you calculated his income. Line 22 of his 1040 should show his total personal income. The form 1065 would not show additional income. A form 1065 is an informational return for a partnership, but the income is passed through to each of the partners and reported on their individual tax returns. It sounds like you may have added income twice.

What is the total household size on the I-864?

For previous years income, they are going to go by line 22 on the 1040. For current income, they are going to go by letter of employment, pay stubs, or (if self-employed) proof of current income. It sounds like he had a rough year in 2009, and the IO wasn't convinced of his ability to maintain income at the required level. Since you already got an RFE, his having quit his job and started a new one since sending the I-864 is not likely to instill them with additional confidence.

If you resubmit with current info and they decline it again then they may not give you another chance. They may just deny the application. If I were you, I'd try to get a co-sponsor.

[queng 5]

we both in the same situation the only different is that i already done my interview my husband meet the 125%income requirements too but they still looking for a joint sponsor....I dont even know why!!! so now I got a blue slip and looking for a joint sponsor... hope you find your co-sponsor coz they will not accept anything rather than that co-sponsor....

i try to go there and explain that he already meet the income requirements but still they insist that co-sponsor is what they want

[Tahoma 2,291]

we both in the same situation the only different is that i already done my interview my husband meet the 125%income requirements too but they still looking for a joint sponsor....I dont even know why!!! so now I got a blue slip and looking for a joint sponsor... hope you find your co-sponsor coz they will not accept anything rather than that co-sponsor....

i try to go there and explain that he already meet the income requirements but still they insist that co-sponsor is what they want

My friend petitioned a Pinay for a K-1 Fiancée visa. She recently attended her interview and received a blue slip due to what the Embassy said was his inadequate income.

At her interview, she submitted his 2009 income tax return, which did not meet the income requirements. However, she was not asked to submit his current paycheck stubs, which showed that his current sustained income would meet the income requirement. She did not give them the paystubs and she did not tell the consul officer that she had them nor did she say anything about them.

After she received the blue slip, my friend got his brother to cosponsor. Instead of the cosponsor using an I-134, the brother used an I-864 and all of the supporting financial documents.

Also, my friend wrote a letter to the Embassy explaining the fact that he had a job in 2010 that would allow him to earn more than 125% of the poverty level for 2010. He also sent more paystubs from 2010.

My friend's fiancée submitted his letter, his paycheck stubs, and his brother's I-864 and supporting documents. A week later, she had the visa in her hand.

[filipinay 0]

I'm not sure what you meant by how you calculated his income. Line 22 of his 1040 should show his total personal income. The form 1065 would not show additional income. A form 1065 is an informational return for a partnership, but the income is passed through to each of the partners and reported on their individual tax returns. It sounds like you may have added income twice.

What is the total household size on the I-864?

For previous years income, they are going to go by line 22 on the 1040. For current income, they are going to go by letter of employment, pay stubs, or (if self-employed) proof of current income. It sounds like he had a rough year in 2009, and the IO wasn't convinced of his ability to maintain income at the required level. Since you already got an RFE, his having quit his job and started a new one since sending the I-864 is not likely to instill them with additional confidence.

If you resubmit with current info and they decline it again then they may not give you another chance. They may just deny the application. If I were you, I'd try to get a co-sponsor.

Thank's Jim you are right I have computed it twice since I add up the 10k again from his form 1065. It was a bad year since he lost his job and his business didn't do good either. Our household size is 4

Co-sponsor is our best option.

Thank you very much for the advice. I really appreciate it. Now I have to ask my sister and brother in law to help us.

[filipinay 0]

Thank you guys for your replies. Guess a co-sponsor is the best option I have right now. Last thing we all want is a denial from this process.

I appreciate you guys sharing your experience... this is a big help... again thank you very much.

[filipinay 0]

In response to our RFE Affidavit of Support... we submitted my father in laws tax transcript for the past 3 years, filled up and signed I-864 by my father in law and for current income since he is doing contract job right now his Form 1099 and 1st pages of his bank statement showing total deposits and total withdrawals every month for a period of 1 year, we just wanted to show that there is consistent income coming every month plus it is back up by his form 1099 from his contractor.

We recieved our interview letter for Dec 8, 2010 so I guess our RFE response was sufficient.

Thanks to all of you guys for your response.

[imailin 0]

Hello Fellow VJers

I received our RFE letter today and it says petitioner's income did not meet 125% of federal poverty line for the household size.

I don't understand but we have submitted all the transcripts my husband who is the USC has income (line 22 of the transcript) of 19,514 for Y 2009 in his ITR and income of $ 10,404 from his own business for which we filed Form 1065. If you total the 2 it is more than the required in poverty guidelines or was it wrong to compute it this way? This was for Y2009 which was really a bad year for him but for Y08 and Y07 he made more than 100K.

His current income was $ 70K gross for which we have included 3 month's copy of his payslips and letter from his employer stating when he was hired, his position, salary and other job related matters that we thought would help prove his ability to support us.

From this alone I don't think we need a co sponsor in our petition but we received an RFE, what do you think is the best solution for this? Is it ok to send the same forms and a letter explaining our case and show computation or is it better to have a joint sponsor? Also, my husband has quit his job and started on his new job last week. The papers we have submitted in the current income were from his old job now that we got RFE which current income should we consider now? Has anyone encountered the same problem? It really confuses me

Thank you in advance and any advise will be much appreciated.

As per I understood in the instructions you have to submit at least 6 months proof of income for which you trying to get approve. You said you only submit 3 months (does the paystubs show his last 6 months payments?)

you may need a co sponsor just to be safe....