Request For Evidence - Affidavit of Support

[Mezzacalc 1]

Hi!

I just received RFE from USCIS, in which they require joint sponsor/assets. I am surprised because my wife is earning around $20,000 annually, working as a babysitter, and the minimum income requirement for a household of two persons is $18,912. We provided them with her federal income tax return (Form 1040 and Schedule SE-Z). I read thoroughly all the instructions for I-864.

What is the “annual income” for USCIS? Income earned from January 1st till December 31st? Or during an annual period beginning from any day during the year? She began working in May 2011 and for the period from May 2011 to May 2012 she earned 20,000. In Form 1040 her income for 2011 was $11,600 (from June 2011 to December 2011, 7 months). This is the number she put in Part 25 of the Affidavit of Support, I-864 (“Federal Income Tax Information”). $11,600 is only 7/12th of her total annual income (which, is $11,600*12/7=$19,900).

We also sent them the letter from her client, in which the client confirms the annual income of $20,000.

Can it be a mistake from USCIS's side? If yes, can we show them it and they admit it (do we need a lawyer for this?)

Thank you!

[Newbie608 103]

Most likely it would be her earnings from jan 11 to dec 11 and since her income was less than 19 k. You need to get a co sponsor

[Pinkrlion 2,607]

Hi!

I just received RFE from USCIS, in which they require joint sponsor/assets. I am surprised because my wife is earning around $20,000 annually, working as a babysitter, and the minimum income requirement for a household of two persons is $18,912. We provided them with her federal income tax return (Form 1040 and Schedule SE-Z). I read thoroughly all the instructions for I-864.

What is the “annual income” for USCIS? Income earned from January 1st till December 31st? Or during an annual period beginning from any day during the year? She began working in May 2011 and for the period from May 2011 to May 2012 she earned 20,000. In Form 1040 her income for 2011 was $11,600 (from June 2011 to December 2011, 7 months). This is the number she put in Part 25 of the Affidavit of Support, I-864 (“Federal Income Tax Information”). $11,600 is only 7/12th of her total annual income (which, is $11,600*12/7=$19,900).

We also sent them the letter from her client, in which the client confirms the annual income of $20,000.

Can it be a mistake from USCIS's side? If yes, can we show them it and they admit it (do we need a lawyer for this?)

Thank you!

Annual income is deemed January -December. Therefore, she is below income guidelines.

[Mezzacalc 1]

Thanks. And how is the household size calculated (from Joint Sponsor's viewpoint)? For example, if the joint sponsor's household size is 2 persons and my household size is 2 persons (me and my wife), how many people does he have to sponsor - 3 or 4 (is my wife included)?

Thanks again.

[Penguin_ie 5,985]

Wife is not included as she is a US citizen.

[GreenTrain 1]

Most likely it would be her earnings from jan 11 to dec 11 and since her income was less than 19 k. You need to get a co sponsor

I think, if her current income qualifies, then that will be considered rather 2011 income( which is 9 months old)

What you think?

[Mezzacalc 1]

What you think?

I am not sure..

Thanks for your opinion.

Another question: if the joint sponsor has federal crime record - can it cause problems with USCIS, for example can they reject the rfe? They sent me RFE, in which they required a joint sponsor/assets.

The crime was not significant and resulted in 1 year probation, no jail. From all other viewpoints he is ok (his income good, he is the US Citizen).

Thanks.

[coolestbrowny 0]

I got an RFE after my marriage based interview in August. The RFE came 7 days after the interview requesting more evidence of my birth certificate since i was born at home so i did not have official birth certificate hence only affidavit. I have replied to the RFE two weeks ago and it was deliverer two weeks ago. How long will it take them to make decision and any one with similar experience? please your suggestion will be appreciated.

[MilaS 0]

Hi!

I just received RFE from USCIS, in which they require joint sponsor/assets. I am surprised because my wife is earning around $20,000 annually, working as a babysitter, and the minimum income requirement for a household of two persons is $18,912. We provided them with her federal income tax return (Form 1040 and Schedule SE-Z). I read thoroughly all the instructions for I-864.

What is the “annual income” for USCIS? Income earned from January 1st till December 31st? Or during an annual period beginning from any day during the year? She began working in May 2011 and for the period from May 2011 to May 2012 she earned 20,000. In Form 1040 her income for 2011 was $11,600 (from June 2011 to December 2011, 7 months). This is the number she put in Part 25 of the Affidavit of Support, I-864 (“Federal Income Tax Information”). $11,600 is only 7/12th of her total annual income (which, is $11,600*12/7=$19,900).

We also sent them the letter from her client, in which the client confirms the annual income of $20,000.

Can it be a mistake from USCIS's side? If yes, can we show them it and they admit it (do we need a lawyer for this?)

Thank you!

I had the same problem: my husband's income wasn't enough to be my sponsor and we got RFE for it. Apparently, 18,912.00 isn't the amount of money your sponsor should make it's just 100%, but we have to show 125% of Poverty Guidelines which is 23,640.00 for 2 people. I just got a joint sponsor and my case went relatively well, at least I got my EAD/AP approved, but still waiting for 130 and 485.

[MilaS 0]

Thanks. And how is the household size calculated (from Joint Sponsor's viewpoint)? For example, if the joint sponsor's household size is 2 persons and my household size is 2 persons (me and my wife), how many people does he have to sponsor - 3 or 4 (is my wife included)?

Thanks again.

Sponsor's household is calculated next way: for example, he is married and has 2 kids, plus he is sponsoring you (your spouse has nothing to do with this sponsor, cuz he isn't applying for AOS), then sponsor's household=1+1+2+you=5 people, meaning sponsor's income should be more than 125% of Poverty Guidelines Requirements.

Edited October 6, 2012 by MilaS

[Mezzacalc 1]

Sponsor's household is calculated next way: for example, he is married and has 2 kids, plus he is sponsoring you (your spouse has nothing to do with this sponsor, cuz he isn't applying for AOS), then sponsor's household=1+1+2+you=5 people, meaning sponsor's income should be more than 125% of Poverty Guidelines Requirements.

Thank you so much for your attention. Another question: in RFE they also request my wife to submit her Federal Income Tax return submitted to IRS. We already did that in the initial application (Form 140 and Schedule SE). Shall we submit the same documents again? Or shall we send them IRS tax return transcript?

What could be wrong with the tax docs we already sent them?..

Thanks.

[hmh33 117]

They might have lost them... wouldn't be the first time. Best to send the same docs again AND the transcript, if you have it.

[Hypnos 6,576]

It's more likely that the tax return wasn't complete, hence them RFE'ing for it.

Enclosing a tax transcript is a good way to fix that problem.

[Mezzacalc 1]

Hi, Everybody!

I am about to send the the evidence they requested. I found the joint sponsor, I received the IRS tax return transcripts for the recent 3 years.

Question: shall I resend the copy of my wife's I-864? (they requested only fer Federal Income Tax Return for the most recent year).

Thanks.

[Mezzacalc 1]

Hello!

I sent my RFE to Lee's Summit, MO. Here's the status of the item: "Notice Left (No Authorized Recipient Available)" and also this "www.usps.com/redelivery or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later."> " Is it a problem? shall I call the USCIS and tell them about the delivery of the RFE package and the need to pick it up in the post office?

Thank you