Jump to content
Sign in to follow this  
Ana Aguilar

RFE I-864 HELP please

11 posts in this topic

Recommended Posts

I received a RFE from the USCIS saying that the joint sponsor didn't meet the requirements of the income.

Our joint sponsor, USC mom, makes 43 000 a year for a household of 5 including me. So it is more than enough. They wrote 10,167 on the letter and they said the joint sponsor should provide proof of assets or we should get another joint-sponsor. Why is this?

I wonder if it was because the joint sponsor didn't send the complete tax return. But in the papers we send it shows how much she makes. We also didn't send proof of name change of the joint-sponsor. We sent certificate of naturalization but she got married when she got here and changed her name, so the name in the I-864 is different from the one in the certificate of anturalization. Also, even though the joint-sponsor lives with us, she filled a I-864 because the household size for the USC would be different since he is not working and his parents are not his dependents nor his sister, so in the USC form (my husband) the household total was 2 (me and him) and in the joint-sponsors form it says 5. I think this is not related to the RFE, but I'm giving you all the details so you could help me better hopefully.

I called USCIS and the lady said that I should print Form I-864P and highlight the proverty guidelines for a household of 5 because it might have been a USCIS mistake. I said that maybe I should send the tax transcript too and she agreed.

I will send the I-864P highlighted, joint-sponsors certificate of naturalization of again, marriage certificate to prove name change and driver's license, complete tax transcript and last W-2 again. We'll try to include the joint-sponsors 2 cars as assets too. Do you think all of this will be enough or there's something missing?

Thank you very much

Edited by Ana Aguilar

03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...

Is a Tax Transcript from the IRS and the W-2 for 2011 enough proof of the joint-sponsors income?


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

Share this post


Link to post
Share on other sites

It sounds like you not only failed to include a complete tax return, but also proof of current employment. A tax transcript and a letter from the co-sponsor's employer will remedy this (if it is indeed the problem, the exact wording of the RFE is not here). Proof of current employment will show that the co-sponsor currently has a qualifying job. A car can be used as an asset, but not the primary car of the family, only extraneous vehicles. To give up your only car is considered a hardship and therefore using its value as a promise you can sell it off for cash is not acceptable.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

It sounds like you not only failed to include a complete tax return, but also proof of current employment. A tax transcript and a letter from the co-sponsor's employer will remedy this (if it is indeed the problem, the exact wording of the RFE is not here). Proof of current employment will show that the co-sponsor currently has a qualifying job. A car can be used as an asset, but not the primary car of the family, only extraneous vehicles. To give up your only car is considered a hardship and therefore using its value as a promise you can sell it off for cash is not acceptable.

The letter says that the income didnt meet the requirements. So I should provide documents showing other assets or choose another joint sponsor. And if we chose another joint-sponsor we should send all the requirements forms and documents. They wrote with a pen on the letter "10,000" <---- Im guessing this is the value left to meet the requirements. This is all.

The current joint sponsor makes more than enough for a household of 5 so it does not make sense, so that is why the lady from the USCIS costumer service said it could have been a mistake. But I think that not showing the complete tax return was the problem. It still doesnt make sense because if that was the case they wouldnt write 10,000. I dont understand. I am thinking of sending all the documents I mentioned and a letter from the joint sponsors employer.


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

Share this post


Link to post
Share on other sites

The fact that it says it doesn't qualify is a boilerplate message. There should be another message before that detailing what exactly is wrong. You said you did not send a complete tax return, so at the least the letter should reference that fact.

The letters usually go like this (in brief form):

The co-sponsor is required to submit complete tax returns for YEARS.

The co-sponsor does not qualify based on income.

The second message is a consequence of the first; in other words, in this example, the tax returns were not good, so therefore, the sponsor does not qualify.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

The fact that it says it doesn't qualify is a boilerplate message. There should be another message before that detailing what exactly is wrong. You said you did not send a complete tax return, so at the least the letter should reference that fact.

The letters usually go like this (in brief form):

The co-sponsor is required to submit complete tax returns for YEARS.

The co-sponsor does not qualify based on income.

The second message is a consequence of the first; in other words, in this example, the tax returns were not good, so therefore, the sponsor does not qualify.

ok here it is

$ 10,167

"Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the federal proverty line ofr the joint sponsor household size.

Submit Evidence of assets that meet the standards listed below or obtain a different joint-sponsor."


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

Share this post


Link to post
Share on other sites

I don't think vehicles count as assets for the purpose of this form...I could be wrong.

Someone else may pipe in but I can verify that not sending a complete tax return is often an issue...

I think you can only use a car as an asset if the sponsor has more than one in his/her name. its in in instructions you should read it over to make sure what you can use.


Adjusting from B2 visa

12/3/2011: Hubby arrived to the USA

12/23/2011: AOS package

12/29/2011: AOS package received

01/11/2012: Acceptance email received

01/18/2012: Biometric appt and receipt received

Appointment set for 02/8/2012

01/27/2012: RFE email received

02/01/2012: Hard copy of RFE notice received

02/14/2012: RFE info sent back to USCIS

02/22/2012: Received email RFE received case continues to process at NBC

03/09/2012: Receive email with interview notice

04/12/2012: Interview in Baltimore City 9:00am

Case has to be reviewed WAITING on a decision now....

04/18/2012: APPROVED EMAIL RECEIVED AMEN!!!!!

04/23/2012: Approval/ welcome letter received in mail

04/23/2012: Card production ordered email received

04/24/2012: Card mailed email received

04/27/2012: Received email USPS picked up mail containing card notice

04/27/2012: GREEN CARD IN HAND!!!!! :)

Share this post


Link to post
Share on other sites

The joint-sponsor has sponsored one person before, 10 years ago. Even if it counts as a household of 6, 43 000 as income is still enough. Am I right?

I think that the problem was that the tax return was not complete so based on the documents provided they couldn't prove how much money she makes.


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

Share this post


Link to post
Share on other sites

The joint-sponsor has sponsored one person before, 10 years ago. Even if it counts as a household of 6, 43 000 as income is still enough. Am I right?

I think that the problem was that the tax return was not complete so based on the documents provided they couldn't prove how much money she makes.

It is. Make sure you determine if that affidavit is still in effect though because if you aren't counting that extra person (even if the income is sufficient) that could be part of the problem. But yes, an incomplete tax return is definitely a problem. Request a tax transcript to include instead.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...