RFE for Financials.

[Martin_Jana 0]

Hello all,

My husband and I filed our i-485 for his adjustment of status in May, and a few weeks later we received his biometrics letter. About a week after we completed his biometrics, we received an RFE for financial documents.

I called USCIS and they told me that they couldn't tell me anything, and that I needed to consult an attorney or make an InfoPass appointment. So I proceeded to make an InfoPass appointment and drive 2 hours to the nearest embassy office, just so the immigration officer could tell me she wasn't really sure what they would accept and that I would just have to submit what I had and hope they will accept it...#######?

So my question is this. When I filed our affidavit, I listed my mother as my co-sponsor because I had just started working at a job and didn't have sufficient evidence or working there yet. i put my income as $0.00 and just had my mom's income listed because she makes more than enough to cover her household size. Well listed on the RFE, it says that I did not submit any evidence of my mom's income and I need to send in bank statements, tax returns, W-2s etc. I sent in 6 months worth of bank statements with her income being deposited in to her account, and highlighted all the transactions. I also sent 3 years of tax transcripts.. do they not accept those anymore?

My mom owns her own business, so she doesn't have any W-2s. And with the tax transcripts, her CPA advised her not to take her wages through the payroll, but through owner withdrawals instead (a tax thing). So even though my mom makes $120,000+ a year, on her tax transcript it shows that she only makes about $40,000 - $50,000. Well according to USCIS, this is not enough to cover her household size because under the list of information I needed to send in, they said that according to the documents my mom does not make enough to meet the guidelines. I looked on the poverty guidelines, and unless I'm mistaken for a household of 5 the limit is $39,000... so how do they figure that she doesn't make enough?

I guess what I'm asking is if there is any way possible I can just send in the information they're asking for, but include a new affidavit for myself with all of my updated work information and evidence along with a letter of explanation? I had previously sent in one saying I made $0.00

(because of just starting my job) and so I'm wondering if they will even accept it or will just disregard it and deny me because my mom supposedly doesnt meet the guidelines even though I now have enough evidence of a job that easily supports my husband and I for a 2 person household.

I'm sorry if this doesn't make a lot of sense, I am just very confused myself and nervous that we are going to be denied on a silly technicality that her income isn't listed under "gross income"

[Nich-Nick 3,354]

For a self employed person, they want to see line 22 on the tax return/transcript showing enough to qualify. Does she?

It's not clear if she filled out her own separate I-864.

Who is in her household count of 5? Did you count too many?

Yes you can fill out a new I-864. There is a new form that you may not have used so make sure you have the newest version.

[Martin_Jana 0]

Hi Nich-Nick

She filed her own affidavit as my co-sponsor. With AOS i was told even if i put that i have no income i need to file my own sperate I-864.

So you are saying that I, the petitioner, can send in a new affidavit for myself with MY information (not my mom's) and they will replace my old one that said i made $0?

i have decided hat i am just going to have to ask them to disregard my co-sponsor. i figured out last night why they are sending the RFE, its because my mom has not yet filed her 2012 taxes and they want the most recent tax year. Her CPA filed an extension for her.

So is it possible for them to take her off my application and just use as a new affidavit with my work info, and drop a co-sponsor altogether? i am just worried they wont accept it since i already sent in my affidavit saying i made $0 and included a co-sponsor ;/.

[Nich-Nick 3,354]

Hi Nich-Nick

So is it possible for them to take her off my application and just use as a new affidavit with my work info, and drop a co-sponsor altogether? i am just worried they wont accept it since i already sent in my affidavit saying i made $0 and included a co-sponsor ;/.

I think they need a valid I-864 to approve you. Yours was zero. Your Mom's was incomplete.

If you return the RFE paper with a statement that you are now employed since [date] and want to withdraw your previous I-864, as well as your joint sponsor's and replace them with a new I -864 showing your current income is sufficient, then that should prove to them that you can be the sole sponsor. Send some good proof since your tax return doesn't reflect your current income.

Make sure the form has the date 3/22/13 in the bottom left corner.

Edited July 10, 2013 by Nich-Nick