Help on Affidavit of Support (RFE)

[josie_anne6 0]

Last October 18, 2006 i got an RFE saying my husband's income is insufficient and we tried our hardest to get a co-sponsor but failed. We decided that I'll use my own income (intending immigrant) to meet the 125%. I have Employment Authorization, Social Security and my boss will give me my W2 together with my last pay stub this Dec 29th. I'll be able to process my Income Tax by end of this Month and submit it together with my proof of employment. My husband showed $9,000 on this Tax for 2005 and with my total income for 6 month i will have $7,700 and if combined then we meet the required income.

My question is, do you think if i submit my W2 and the tax document that the accountant will give me plus my pay stubs, employment authorization, social security card i wil not be denied? Does my husband need to submit his tax for 2006 too. (his business tax docs are ready but not the employed one.) I'll get my W2 from my employer bec we are just a small company so its easy.

I am really scared that they will deny my AOS because i heard USCIS gives RFE only once.

Any input, comments, suggestions are welcome.

Thanks.

[Kez/JWolf 6]

Have you replied to the RFE???? they normaly give you a date that they have to have the information by... if this date is past you may have bigger problems than meeting the 125%...

Kez

[edsperfect 25]

Last October 18, 2006 i got an RFE saying my husband's income is insufficient and we tried our hardest to get a co-sponsor but failed. We decided that I'll use my own income (intending immigrant) to meet the 125%. I have Employment Authorization, Social Security and my boss will give me my W2 together with my last pay stub this Dec 29th. I'll be able to process my Income Tax by end of this Month and submit it together with my proof of employment. My husband showed $9,000 on this Tax for 2005 and with my total income for 6 month i will have $7,700 and if combined then we meet the required income.

My question is, do you think if i submit my W2 and the tax document that the accountant will give me plus my pay stubs, employment authorization, social security card i wil not be denied? Does my husband need to submit his tax for 2006 too. (his business tax docs are ready but not the employed one.) I'll get my W2 from my employer bec we are just a small company so its easy.

I am really scared that they will deny my AOS because i heard USCIS gives RFE only once.

Any input, comments, suggestions are welcome.

Thanks.

I am not an expert in these matters but i don't think they will let you include the immigrants prposed imcome. Onlt the US citizens or sponsors

[LaL 418]

Last October 18, 2006 i got an RFE saying my husband's income is insufficient and we tried our hardest to get a co-sponsor but failed. We decided that I'll use my own income (intending immigrant) to meet the 125%. I have Employment Authorization, Social Security and my boss will give me my W2 together with my last pay stub this Dec 29th. I'll be able to process my Income Tax by end of this Month and submit it together with my proof of employment. My husband showed $9,000 on this Tax for 2005 and with my total income for 6 month i will have $7,700 and if combined then we meet the required income.

My question is, do you think if i submit my W2 and the tax document that the accountant will give me plus my pay stubs, employment authorization, social security card i wil not be denied? Does my husband need to submit his tax for 2006 too. (his business tax docs are ready but not the employed one.) I'll get my W2 from my employer bec we are just a small company so its easy.

I am really scared that they will deny my AOS because i heard USCIS gives RFE only once.

Any input, comments, suggestions are welcome.

Thanks.

I am not an expert in these matters but i don't think they will let you include the immigrants prposed imcome. Onlt the US citizens or sponsors

yes they can. There are requirements though, such as the immigrant must have lived here for 6 months. Its all up in the pinned threads and on the Affidavit of Support instructions.

[Ashleigh-Au 0]

Yes the immigrants income can be included for AOS.

[josie_anne6 0]

I have until January 10 to submit the RFE (that's 84 days from Oct. 18th)

and I've been here in USA for 9 months and been working since July this yr.

Thanks so much for your inputs

Anybody here who did the same thing as i will?

[Ashleigh-Au 0]

I did....am in the process of...no RFE so far!

We included my income on the I 864... I have been working here for 18 months.

[Killer_Clown_2009 0]

No, but seeing as you meet the requirements (lived together in the US six months), you should be fine in including your income. I'd recommend that you send in a letter from your employer and 6 months worth of paystubs (for both of you), if your 2005 income (on 2005 tax return) wasn't enough to meet the poverty guidelines.

Edited December 27, 2006 by jane2005

[Ashleigh-Au 0]

living together for 6 months is no longer a requirement.

You must live in the same household but there are no other time guidelines.

[Ashleigh-Au 0]

actually I take that back...if you are the spouse you don't even have to live in same household!

"To count the intending immigrant's income, he or she must either be residing with the sponsor or be the sponsor's spouse or claimed dependent. But in all situations the intending immigrant's income must be derived from "lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status." If you were hoping the agency would define the term "lawful employment" narrowly so that it merely excluded "unlawful" acts — such as theft, gambling, or drug trafficking — then think again. The latest USCIS memo clarifies that it means "authorized employment," or employment performed while the worker had an employment authorization document."

[YuAndDan 153]

Yes in your case Sponsor files I-864, and immigrant spouse can use I-864A. See the instructions with I-864 and I-864A.

You will both provide letters from employer, pay stubs, and sponsor provides 2005 return data. Also consider assets.

[LaL 418]

living together for 6 months is no longer a requirement.

You must live in the same household but there are no other time guidelines.

yes i see that now too! i looked it up since my information is aging, but kept getting kicked out when trying to post the new requirements. OP please re-read the form. Its located on there

[Yodrak 7]

An I-864A between the Sponsor and the immigrant spouse needs to completed only if the immigrant spouse has accompanying dependents. It is not necessary if the immigrant spouse is the sole immigrant (or if the immigrant spouse is contributing only assets). See the instructions with I-864 and I-864A.

Yodrak

Yes in your case Sponsor files I-864, and immigrant spouse can use I-864A. See the instructions with I-864 and I-864A.

....

[Ashleigh-Au 0]

If it is only the immigrant spouse the immigrant spouse doesn't need to fill out the I-864A.

If the immigrant spouse has children ( as I do) then the I-864A is needed.

An I-864A between the Sponsor and the immigrant spouse needs to completed only if the immigrant spouse has accompanying dependents. It is not necessary if the immigrant spouse is the sole immigrant (or if the immigrant spouse is contributing only assets). See the instructions with I-864 and I-864A.

Yodrak

Yes in your case Sponsor files I-864, and immigrant spouse can use I-864A. See the instructions with I-864 and I-864A.

....

Yodrak...you put things so much better than I.

I know what I mean but it comes out some garbled mess.

Thank you for your succinctness and clarity!