i- 864 RFE

[hopehope 0]

My wife and i filled for adjustment of my status about 4 week ago. She is an American citizen and i'm an F-1 graduate student. I have so far received receipts and appointment letter for fingerprinting. Today i got a RFE stating "based on the documents submitted with form I-864, Affidavit of support, the joint sponsor, the income did not meet 125% of the federal poverty line for the joint sponsor household". They are asking for evidence of asset ownership by the joint sponsor. Questions,

1) Could it be an overlook since my joint sponsor made $57,000 and has a family of 4? He owns a business.

2) At the moment of filling my wife had a temporary job but now has gotten a permanent job and will be making $60,000 a year. Will submitting a letter from her employer be sufficient to cover everything. We don't want to use joint sponsor anymore. My wife made less than $10,000 in 2010 because she was a full-time student. Should i write a cover letter explaining these changes?

Anyone who had a similar situation?

[MikelanNida 28]

Hello, I am not qualified to give you advice on this matter, i just wanted to share some information i have read on visa journey, be very careful to answer to the rfe correctly, from what i have read, you get one chance to respond correctly to the rfe or they may deny your AOS. I hope someone comes along with reliable advice on exactly how you should handle this matter, good luck.

Edited October 23, 2011 by MikelanNida

[amazngrace 3]

My wife and i filled for adjustment of my status about 4 week ago. She is an American citizen and i'm an F-1 graduate student. I have so far received receipts and appointment letter for fingerprinting. Today i got a RFE stating "based on the documents submitted with form I-864, Affidavit of support, the joint sponsor, the income did not meet 125% of the federal poverty line for the joint sponsor household". They are asking for evidence of asset ownership by the joint sponsor. Questions,

1) Could it be an overlook since my joint sponsor made $57,000 and has a family of 4? He owns a business.

2) At the moment of filling my wife had a temporary job but now has gotten a permanent job and will be making $60,000 a year. Will submitting a letter from her employer be sufficient to cover everything. We don't want to use joint sponsor anymore. My wife made less than $10,000 in 2010 because she was a full-time student. Should i write a cover letter explaining these changes?

Anyone who had a similar situation?

Well.... I dont't feel there is any way to know for sure until you just send it. If you dont want to use a joint sponsor anymore then you could just send her updated information of the new job and everything, but honestly even after all that evidence in the last 3 years her income didnt meet the guidlines and they want evidence of steady income so most likely they will require a co-sponsor any way. but the choice is yours. As for me i make the income requirements now but didnt last 3 years so i got a co-sponsor just incase it becomes a problem. I have just completed my I-864 for our CR-1 visa, will be mailing it off on monday.

[Deema & Wayne 28]

If her new job covers and is above the poverty line, get an employment letter from her employer stating:

1) Job title

2) Hourly wage

3) Hours of work per week

4) Dates of Employment

Also, she should be able to print out her payment stubs online through her company payment portal (tell her to as her employer where to print them from).

My husband did not work during 2010 so he had zero income, but they looked at his current income which meets the poverty requirements. I got an RFE asking for his employment letter and payment stubs to prove that he made that money. I don't know why the joint sponsor was considered not sufficient, but from your wife's salary now, it is enough to cover the two of you and you don't need the joint sponsor. My husband got a promotion from the time we filed and when we received the RFE, we sent in a cover letter explaining that he got promoted and we modified the I-864, signed it and sent it in with the RFE response. So to summarize:

Get the cover letter written explaining that you wish to include her current job and you've attached her employment letter and payment stubs; that you've attached the amended I-864 form and that you wish to not use the joint sponsor now since your wife got a new job that is sufficient.

We sent in that information with no problems and my EAD card is now in production which means our response was accepted.

Good luck.