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RFE Help Please! (AOS from K1)


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Hi everyone, we recently submitted our AOS package and got an RFE shortly after. I'm concerned because the evidence requested does not seem applicable to our case, mainly the request for household member's income/tax returns. Neither I-864 included in our I-485 application (from petitioner and joint sponsor) included any additional household incomes. We filed 2 separate I-864 forms (not I-864A). Below are the evidence items requested and our planned responses. We have an INFOPASS appointment next week, but I wanted to share this with VJ to see if anyone else has experience with this RFE and can weigh in. Any help will be appreciated Thanks!

X The joint sponsor’s income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists income on Form I-864 as an amount as sufficient; however no evidence has been submitted as proof of current income. Submit evidence of joint sponsor’s current income. Such evidence include: Letter of employment, dates of employment, nature of job, etc.

The joint sponsor is my wife’s maternal grandmother. As noted on her Form I-864, she is retired and 78 years old. As detailed on her IRS tax transcripts for 2009, 2010, 2011, which were submitted in my original application, her income is comprised of 4 pensions. Attached to this letter are a copy of the joint sponsor's Form SSA-1099 as well as three 1099-R forms for private pensions for the current tax year (2011) which exceeds the 125% poverty guideline. I am re-submitting my joint sponsor’s tax transcripts for 2011 as reference as she has not yet completed her 2012 tax returns. I have included the Form SSA-1099 as well as her three 1099-R forms for 2012 to prove current income status since her tax transcripts for 2012 are not yet available.

X For the household member’s income to be included in the household income, the household member’s income must have been from a lawful source and earned while the household member was authorized to work in the United States. Please submit evidence that the household member was authorized to work in the United States

There is no income from household members listed on either Form I-864 that I submitted with my I-485 application. Our joint sponsor does not have anyone else in her household and has no other dependents as described on her tax transcripts and her Form I-864. Attached you will find a copy of our joint sponsor's Form I-864 and a copy of her tax transcript (2011) for reference. My wife listed myself as a household member with an income of “none”. I have attached a copy my wife’s Form I-864 original submission as reference. Therefore, there are no supporting documents for household member’s income. I do not have approval from DHS for employment and I have not been employed since my arrival in the United States.

X The household member on the joint sponsor’s Form I-864, Affidavit of Support, must submit the Federal Tax Return submitted to the IRS from the most recent tax year.

There is no household member listed on the joint sponsor’s Form I-864. Please see the copy of my joint sponsor's attached Form I-864 for confirmation.

Edited by Bots2012
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Filed: Citizen (apr) Country: Mexico

Provide all the proof of your joint sponsor's income again like you are planning to do. If possible, also show some bank statements that show the amounts being deposited to her account each month. Sometimes income that does not come directly from an employer must be blatantly pointed out to them. You need to prove she receives that much income, which is why providing the bank statements of the money being deposited may be of help for that.

As for them asking about a household member for the joint sponsor, no clue on this one. If no one was listed on her I-864 and no I-864A was sent in, then I do not understand why they would be asking for that.

They want proof of you being legal to work because you state that your wife listed you. She should have simply entered NONE in the 'Name' section of #24 b. Just have her re-do the I-864 without listing you there. Let them know she made a mistake in the previous I-864 by listing you there, as you are not working and have no income. See example form: http://www.visajourney.com/examples/INS-Form-I-864.pdf

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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