RFE Received I864 HELP !

[Deadaimffs 0]

Hi all,

New to the forum and kind of panicking due to the following situation:

My wife filed for a green card 1 month ago.

I did the I864 and forgot to put in the paystubs.

Basically now they sent a RFE for two different things in the same letter :

1. They need proof of the income I declared on the I864 which is of 35k/year and is way above the 125% poverty level line.

This is fine as I have paystubs and my initial offer letter.

2. The second thing they say they need is to subimt evidence of assets. According to my calculations since I filed for my spouse I would need to have the stated difference of my current income and 125% of the poverty line which is approximately 16000. That sum is multiplied by three which becomes $48000. I do have a pay though so I do no know why they would need that.

Do I still need to send the proof of assets even if requested. They obviously asked for it as they thought I had no income since I forgot the paystubs.

Not too sure what to do here.

If someone could help out that would be greatly appreciated.

Thank you

[aws&ndd 103]

Send them the paystubs you forgot, and send them any assets you have as they are also asking for that.

I don't understand how you figured the difference of your income and the poverty level is 16,000 because in your point 1 you say you make 35,000 a year. In this case, the difference is actually 0.

[Deadaimffs 0]

Hi,

Thanks so much for the quick reply !

In my case would I need a joint sponsor? I don't have any assets actually.

I thought the difference would be 35000-125%of the poverty level which amounts to approx $16000

I think I calculated it the wrong way around though and it only works if your pay is under the 125% of poverty level right?

Thanks again,

[Harpa Timsah 13,258]

You do NOT need the assets. If your income, proven by they paystubs, is enough, then the RFE is over. The verbiage about paystubs is if you don't have the proof of current employment. They tell you about it as an alternative.

[NikLR 13,227]

Yes, you calculated wrong. If you make over the poverty guidelines you do not need to include assets.

I would complete a NEW I-864 and send that with the proof of your recent tax return (either the entire tax return or tax transcript) and pay stubs to show you are actually employed. Do not fill out the assets amount unless you actually HAVE assets you want to include.

[Deadaimffs 0]

Thanks a lot for your help.

Clarifies the situation. I couldn't believe they would ask for that much money !

I can't really refile it with new tax return transcript as its not ready.

I think I will send them my recent paystubs and my proof of employment/offer letter from a couple of months ago.

Hopefully it will work out !

[NikLR 13,227]

If your old form included the assets, they will still WANT those assets. It won't work out. You need a new form that doesn't include assets. Otherwise you probably will get another checklist. Is it possible to send all the tax return information? Or at the very least redo the form with the old information you already included?

Edited April 30, 2013 by NikiR

[Deadaimffs 0]

I had not included any assets in the old form actually.

[NikLR 13,227]

I had not included any assets in the old form actually.

That's really odd then.

[Deadaimffs 0]

You do NOT need the assets. If your income, proven by they paystubs, is enough, then the RFE is over. The verbiage about paystubs is if you don't have the proof of current employment. They tell you about it as an alternative.

I think she is right.

Basically once I provide 1. it will automatically cancel 2.

[Harpa Timsah 13,258]

I think she is right.

Basically once I provide 1. it will automatically cancel 2.

Yep! You got it.

All the I-864 RFEs look like that. It is sort of confusing. It's just a boiler plate letter after the first sentence or so.

[Deadaimffs 0]

Great ! Thanks so much for the confirmation

[NikLR 13,227]

Lol good to know

[Sveta & Ron 23]

are you sure the fre is not asking for one OR the other? the fre we got in march gave us a choice

[bigdog 376]

Try submitting a copy of your W-2, a letter from your employer and maybe a tax transcript with the new form. Seems like the IO had TMI with the old form.