RFE for affidavit of support

[Wouter A 0]

Hi guys,

about a month ago I sent our my package with forms I130, I485, I131 and I765 and today I had my biometrics apointment, so far so good..

yesterday I received a RFE and it said that the required income on my affidavit of support wasn't enough even though we proved plenty of income between my wife and I. We even had her mother file an affidavit of support with proof that she makes well over the poverty limit. The RFE said we should include a letter from my wife's employer (which was in the original package) and her paystubs. We didn't file those at first because she only recently started working for the first time in a few years.

Do I just send the letter from her employer again with added paystubs or something? Or do I send my own tax information + letter of employer + the entire package from her mother again as well?

At my fingerprint apt I asked an officer at the Seattle service center about this and he said it's complete BS that we received a RFE.. figures right...

I appreciate any advice you guys can give me!

[Pinkrlion 2,724]

How many people are you claiming in your household? When did your wife begin working? I would resend the employer letter, and add 6 months of paystubs. You included last year's taxes, along with w-2's???

[Fight for Love 98]

that's what happen with my husband AOS-RFE...seems that they don't really pay attention with the supporting documents OR either they actually misplacing the papers/documents. what i did i send them a letter...i did my own math in that letter explaining that we meet the poverty income guidelines and even included ALL the supporting documents that i've already submitted to them. then i even print out the poverty income guidelines then, high lighted the part that dedicated that i have enough income to sponsor my husband...

and also, to boost my income i also told them i just recently start a part time job and my current employer increased my hourly rate.

my advice to u...send them EVERYTHING again!!! i know it will take some time and effort again. but its better than be sorry later. make sure to send a recent employer letter.

goodluck!!

Edited May 29, 2013 by Fight for Love

[Wouter A 0]

Thanks guys,

I'm gonna ask her employer to write another letter and i've made copies of her paystubs from when she started the job. I'm also re-sending the letter from my employer and I'm adding my last paystub that has the totals for this year.

I think I might as well add my wife's mother's package with information again. They already have it, but I'm not taking any chances.

[Rob & Monika 87]

of all the forms you listed, I-864 was not one of them. That would cause the RFE.

[Wouter A 0]

well, the affidavit of support I mentioned is the I-864 form. I decided to just send everything again + everything I can imagine they would need

[Harpa Timsah 13,258]

Hi guys,

about a month ago I sent our my package with forms I130, I485, I131 and I765 and today I had my biometrics apointment, so far so good..

yesterday I received a RFE and it said that the required income on my affidavit of support wasn't enough even though we proved plenty of income between my wife and I. We even had her mother file an affidavit of support with proof that she makes well over the poverty limit. The RFE said we should include a letter from my wife's employer (which was in the original package) and her paystubs. We didn't file those at first because she only recently started working for the first time in a few years.

Do I just send the letter from her employer again with added paystubs or something? Or do I send my own tax information + letter of employer + the entire package from her mother again as well?

At my fingerprint apt I asked an officer at the Seattle service center about this and he said it's complete BS that we received a RFE.. figures right...

I appreciate any advice you guys can give me!

Your post doesn't make sense to me, and here is why.

1. You say YOUR affidavit was enough.

2. You say despite that, you sent a co-sponsor's form too.

3. You say despite all that, your RFE says both affidavits are insufficient.

That tells me that you don;t understand the requirements for the I-864. If you fail to meet one of the requirements by lack of evidence, it will say it isn't enough. That's the boilerplate explanation for "improperly filed."

So, if you make enough between you and your wife, WHY oh WHY would you also send a co-sponsor?

If you improperly respond to the RFE then you will be denied.

[Wouter A 0]

Hi Harpa,

When my wife and I started gathering the evidence for my application, she was unemployed for 3 years and I only make $1000 a month. That's why we asked her mother to be a co-sponsor. I've only beenin the US on a J1 visa for a year, so I only had 1 year of tax records. For her mother we had 3 years of tax records + a letter from her employer stating that she has been with the company for over 20 years.

Just before we filed the application, my wife got a job as a bartender and combining that with my income, we met the standards. We chose to add the co-sponsor to show a healthy financial situation, because being a bartender is not exactly a 'safe' job. Also, because we had no paystubs and tax records yet, we only had a letter from her employer.

by this time we have 4 paystubs showing a pretty big variation in hours and income, because it depends on how many shifts she gets. We figured we'd still add her mother as a co-sponsor, just because it shows continuity in our means. Also, the RFE didn't mention anything about a cosponsor when this wasn't necessary.

we haven't filed the RFE yet, so if you have any comments.. please!

[Wouter A 0]

I scheduled an infopass for wednesday, just in case..

[Harpa Timsah 13,258]

So the RFE was only for the main affidavit (your wife's with your income added?) No mention of the co-sponsor?

Did you include...

a letter and explain why your wife did not file taxes in the last few years?

proof that your job will continue from the same source after you get your GC? (If it will not, then there is no point in adding your income).

Your tax return and employment letter?

[Wouter A 0]

the RFE said that the proven income on the AOS was not enough. there was no mention of the cosponsor.

we added:

-a letter why she didn't file taxes and hasnt worked (car accidents & unpayed internships)

-a letter from her employer about her income and position now

-proof that my job will continue (employment letter)

-my tax return (federal and state + W2 and 1042)

[Harpa Timsah 13,258]

Could you put the wording of the RFE?

[Wouter A 0]

of course. Thank you for your great help and fast responses!

The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on the Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

please submit evidence of the petitioner/sponsor's current income. such evidence should include:

-letter of employment containing date of employment, nature of the job, wages or salary earned, number of hours per week worked, prospects for future employment and advancement

-paystubs or other documentation of pay for the previous 6 months

-evidence or other income

the cosponsor's income is well over the poverty line, so I'm assuming this is about our income. we don't have the 6 months of pay stubs, because she's only been working for about 3. the letter from her employer states the job title and the weekly income

[Harpa Timsah 13,258]

Okay, so it asks for proof of current employment. You didn't send that in with the first package (but you said you did?)

I think what you added sounds good, but I am curious why the proof of current employment you sent was not sufficient.

[Wouter A 0]

in the original package I sent proof about my income and a letter from my wife's employer, but no 'hard proof' like pay stubs. just because she hadn't received those yet. the way I read the RFe is that they didn't even look at the letter from her employer or the cosponsor even...

I feel pretty confident about what I'm replying to the RFE (including another letter about our situation), but just to be sure I've got an infopass appointment for wednesday.

your advice is greatly appreciated!