I-864 RFE

[ALuciansWifey 0]

Hey Everyone,

My husband and I submitted his AOS package in the beginning of April, and everything had been going good up until now. We received a notice of an RFE being mailed just a few hours after he completed his Biometrics appointment. I received the hard-copy of the RFE today and I figured that maybe we didn't include enough evidence along with our income and assets, but now that I am looking at it, I don't think I added our CURRENT income correctly .

I originally started working on his AOS paperwork in the beginning of the year, so when we completed the 2011 income taxes, I just simply added what we had on our gross amounts on the 2011 W-2s to the I-864. I received a promotion from part-time to full-time in November 2011, so for the majority of the year, only my part-time wages make up what was shown on the 2011 W-2. Could someone help me to understand if I supposed to be using my most recent taxes, because I think I may need to go back and complete the I-864 all over again with the updated income, and submit my update with the RFE? I'm obviously not good at this!

[jdh 103]

Hey Everyone,

My husband and I submitted his AOS package in the beginning of April, and everything had been going good up until now. We received a notice of an RFE being mailed just a few hours after he completed his Biometrics appointment. I received the hard-copy of the RFE today and I figured that maybe we didn't include enough evidence along with our income and assets, but now that I am looking at it, I don't think I added our CURRENT income correctly .

I originally started working on his AOS paperwork in the beginning of the year, so when we completed the 2011 income taxes, I just simply added what we had on our gross amounts on the 2011 W-2s to the I-864. I received a promotion from part-time to full-time in November 2011, so for the majority of the year, only my part-time wages make up what was shown on the 2011 W-2. Could someone help me to understand if I supposed to be using my most recent taxes, because I think I may need to go back and complete the I-864 all over again with the updated income, and submit my update with the RFE? I'm obviously not good at this!

I am a little unclear about what you are trying to say...

What exactly did you include with it the first time, because that is more likely the cause for an RFE.

As far as your income you put what you are currently making...I doubt that is why you would have got an RFE.

[Anh map 2,098]

Current income is your annualized income. If you make $100 per week, your income is $5200 annually. If you earn $200 per week your income is $10,400 per year.

[DandT14 272]

I'm confused by what you're asking too.

There's a line on the I-864 for your current income. If you don't know your annual salary, the easiest way to get it is to multiply your current hourly rate X 2080 (Assuming you work 40 hrs/week)

There's a different line for your 2011 income based on taxes.

Did you use your 2011 income as your current income?

[ALuciansWifey 0]

I am a little unclear about what you are trying to say...

What exactly did you include with it the first time, because that is more likely the cause for an RFE.

As far as your income you put what you are currently making...I doubt that is why you would have got an RFE.

The first time I input my income from 2011, which was what is stated on the W-2. I also included a letter which gave reason as to why I did have have to files taxes from the previous years, because I was a full-time student, and dependent of my parents. I have only been working for a year now, and I am still a student.

I'm confused by what you're asking too.

There's a line on the I-864 for your current income. If you don't know your annual salary, the easiest way to get it is to multiply your current hourly rate X 2080 (Assuming you work 40 hrs/week)

There's a different line for your 2011 income based on taxes.

Did you use your 2011 income as your current income?

Yes, I used my 2011 income as my current income. I wasn't thinking about the fact that my income had changed since November 2011.

The RFE that we received stated that based on the document submitted with the Form I-864, my income did not meet 125% of the poverty line. It asked that we submit evidence of assets that meet the standards or obtain a joint sponsor (which is circled and underlined in red ink btw). I was wondering if I could avoid getting a joint sponsor if I were to show proof of my updated income. I would only be short about $100 of the 125% poverty line, and I have enough assets to cover that. Sorry to confuse anyone, I'm confused myself. Thanks for your input

Current income is your annualized income. If you make $100 per week, your income is $5200 annually. If you earn $200 per week your income is $10,400 per year.

Okay, thanks.

[jdh 103]

The first time I input my income from 2011, which was what is stated on the W-2. I also included a letter which gave reason as to why I did have have to files taxes from the previous years, because I was a full-time student, and dependent of my parents. I have only been working for a year now, and I am still a student.

Yes, I used my 2011 income as my current income. I wasn't thinking about the fact that my income had changed since November 2011.

The RFE that we received stated that based on the document submitted with the Form I-864, my income did not meet 125% of the poverty line. It asked that we submit evidence of assets that meet the standards or obtain a joint sponsor (which is circled and underlined in red ink btw). I was wondering if I could avoid getting a joint sponsor if I were to show proof of my updated income. I would only be short about $100 of the 125% poverty line, and I have enough assets to cover that. Sorry to confuse anyone, I'm confused myself. Thanks for your input

Okay, thanks.

Did you include a full tax return for 2011 with it? Cause you did not mention that.

What are you considering assets that you can use?

Did you include pay stubs, cause you also didn't mention that.

Edited May 11, 2012 by jdh

[ALuciansWifey 0]

Did you include a full tax return for 2011 with it? Cause you did not mention that.

What are you considering assets that you can use?

Did you include pay stubs, cause you also didn't mention that.

I left out the tax return, and pay stubs, so that's another reason why I was RFE'd. The assets I'm using are from our bank accounts.

[jdh 103]

I left out the tax return, and pay stubs, so that's another reason why I was RFE'd. The assets I'm using are from our bank accounts.

That is definitely a guaranteed RFE...

No worries, we will get you fixed up.

I was asking about the assets just so we can be sure that if you are using them that they are calculated correctly.

[ALuciansWifey 0]

That is definitely a guaranteed RFE...

No worries, we will get you fixed up.

I was asking about the assets just so we can be sure that if you are using them that they are calculated correctly.

Thanks for your assistance. Honestly, we wouldn't have gotten this far without Visa Journey. I've learned so much by reading other's posts and advice, so any help that I can get I'm willing to listen

[engineer21 51]

You need to use your current annual income. I would send a few most recent paystubs and a letter from your employer confirming that you work there and you make that amount. That's what we did. And yes, you also need to send last year's tax return documents. Assets in your bank need to be 3 times the shortage from 125% poverty standard. So if you're 100 short, you need to show 300 in the bank. Good luck!

[engineer21 51]

Also just to be sure.. Why don't you show us exact wording of the RFE letter. Just to make sure you're not missing anything else that they are asking you to provide.

[ALuciansWifey 0]

[x] Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor’s household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor. Assets standards must equal the stated difference between the sponsor's household income 125% (100% if military) of the federal poverty line.

• Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.
• Assets must equal three times the difference for a spouse or child of a United States Citizen.
• Assets must equal five times the difference for all others.

Such evidence of assets includes:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;
• Evidence of ownership and value of stocks, bonds, and certificates of deposit;
• Evidence of ownership and value/equity of other personal property and dates acquired;
• Evidence of ownership, a recent licensed appraisal or county tax assessment and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor, they will need to file Form I-864, provide copies of the most recent Federal Income tax returns, all supporting documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen, United States National, or Lawful Permanent Resident.

[engineer21 51]

OK. Looks like it is just like you said. Can never be too sure with RFEs! You want to respond correctly the first time around!

I would send a corrected i-864 with proof of current employment (letter from employer) + proof of current income (pay stubs) + last year's tax return.

Also send bank statements to cover (at least 3 times) the difference if you are still short of the 125% standard.

I would also send along a short explanation that you are correcting the affidavit because you misunderstood the income being asked on the form, and that your income is actually higher than what you put down on your original submission.

May the rest of your journey be smooth

[ceadsearc 516]

If you now make enough money, reply with the updated RFE with your CURRENT income. Include your most recent tax return (even if you don't meet current income on it), as well as several recent pays tubs and a letter from your employer stating your salary.

[ALuciansWifey 0]

Ok, thanks folks