Request for Initial Evidence (URGENT HELP FROM YOU GUYS)- merged

[KatyF28 0]

Hello sis, I called Rapid Visa just now. It was the agency that we used when we applied k-1. They said that nobody will be denied in AOS unless we don't respond to RFE and if they're not still convinced they will send an RFE but it's not very common to send another RFE, they said if the sponsor meet the current income they will accept the documents you submitted. But he said because my husband meet the current income, we will be good just to submit a letter of employment, and pay stubs for no assets. He gave me an assurance that we won't get deny as long as we reply to the docs they're asking.

Yes we have the same situation. We didn't send an employment letter, just paystubs. We didn't use his car as an asset. I know it's hard to find a joint sponsor, I felt bad having to ask but it might be the best solution. I'm following the AOS September 2014 Filers thread and 2 other people got the exact same RFE as we did. Their situation is the same: USC didn't meet the 125% poverty guideline for their household size accordiing to the most recent tax return, but meets it now (started a new job recently). So like KayDeeCee suggested on my other post, you can send them your husband's affidavit of support again with paystubs and employment letter (showing he meets the requirements for a household of 3). Or you find a joint sponsor and you send all of that plus your joint sponsor's affidavit of support, supporting documents (paystubs, employment letter...), most recent tax return and proof that he/she is a USC or LPR. Hope that helps!

Did the 2 other people send an employment letter? Maybe that's the USCIS is asking.

[AuroreJeremy 26]

Hello sis, I called Rapid Visa just now. It was the agency that we used when we applied k-1. They said that nobody will be denied in AOS unless we don't respond to RFE and if they're not still convinced they will send an RFE but it's not very common to send another RFE, they said if the sponsor meet the current income they will accept the documents you submitted. But he said because my husband meet the current income, we will be good just to submit a letter of employment, and pay stubs for no assets. He gave me an assurance that we won't get deny as long as we reply to the docs they're asking.

Did the 2 other people send an employment letter? Maybe that's the USCIS is asking.

The 2 other people haven't responded to their RFE yet. You can send USCIS your husband's affidavit of support again with a letter of employment showing his annual income is above the 125% poverty guideline and paystubs. If he meets the requirements, then you should be fine.

[KatyF28 0]

Yes, I will do that. How about you? You really had joint sponsor?

[AuroreJeremy 26]

Yes I asked the same joint sponsor I used for my K-1. But he's taking all his sweet time to give me the documentation lol If, for some reason, he would say no at the last moment, then I would do the same as you because we have no one else that could be my joint sponsor and my husband meets the requirements with his current job.

[KayDeeCee 4,891]

But KayDeeCee he didn't claim his minor child in his recent tax, do we still need to add her in the household?

Yes, unless they have reached the age of majority for your state.

Page 5 of the I-864 instructions >

1. Item Number 4. Enter the number of unmarried children you have who are under age 21, even if you do not have

legal custody of these children. You may exclude any unmarried children under 21, if these children have reached

majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

Page 8: How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[KatyF28 0]

She is not in the recent tax so it means I was right that only me and my husband because she is not listed as dependent on my husbands 2013 tax. Right?

Yes I asked the same joint sponsor I used for my K-1. But he's taking all his sweet time to give me the documentation lol If, for some reason, he would say no at the last moment, then I would do the same as you because we have no one else that could be my joint sponsor and my husband meets the requirements with his current job.

Wahhh... I hope he won't change his mind. By the way, I asked my relative to be my joint sponsor. Just in case. I don't want to have delays anymore. But I will still submit my husbands requirements.

[AuroreJeremy 26]

She is not in the recent tax so it means I was right that only me and my husband because she is not listed as dependent on my husbands 2013 tax. Right?

Wahhh... I hope he won't change his mind. By the way, I asked my relative to be my joint sponsor. Just in case. I don't want to have delays anymore. But I will still submit my husbands requirements.

Well I actually heard from him today! I'm going to go get his documentation tomorrow. So that means I can send my RFE response on Monday! Finally! It's been a month so I'm glad!

I think it's good that you asked your relative to be your joint sponsor. Better do that and not get another RFE! I'm submitting my husband's affidavit of support again with recent paystubs (no employment letter) and my joint sponsor makes way above the 125% poverty guideline for his household plus me, so hopefully that's enough!!

Good luck and I hope you can send your response soon!

[KayDeeCee 4,891]

She is not in the recent tax so it means I was right that only me and my husband because she is not listed as dependent on my husbands 2013 tax. Right?

How old is the child? The age of majority in a lot of states is 18, but older in some. If the child is a minor, then it does not matter if he did not claim them on his taxes. All minors are counted, no matter where they live or who claims them on the taxes. Did he stop paying child support because the child reached the age of majority? If so, then no, not counted. If not, then yes, they are counted.

[KatyF28 0]

Hello. We had an RFE for I-864 says the sponsor did not meet the poverty guideline which its way over the income requirement and now we're still trying to figure out what to submit. But my husband got his pay stub today and he just saw that the promotion and pay raise is indicated, do we need to update the Affidavit of Support or not?

[KatyF28 0]

How old is the child? The age of majority in a lot of states is 18, but older in some. If the child is a minor, then it does not matter if he did not claim them on his taxes. All minors are counted, no matter where they live or who claims them on the taxes. Did he stop paying child support because the child reached the age of majority? If so, then no, not counted. If not, then yes, they are counted.

No, he is not paying child support because the ex wife's parents is the one paying the child support. So she is under their taxes I guess. Coz they went to court for that child custody.

[Darnell 8,478]

what is the number of I-864s submitted for your case?

[KatyF28 0]

Well I actually heard from him today! I'm going to go get his documentation tomorrow. So that means I can send my RFE response on Monday! Finally! It's been a month so I'm glad!

I think it's good that you asked your relative to be your joint sponsor. Better do that and not get another RFE! I'm submitting my husband's affidavit of support again with recent paystubs (no employment letter) and my joint sponsor makes way above the 125% poverty guideline for his household plus me, so hopefully that's enough!!

Good luck and I hope you can send your response soon!

Aurore, I had a bad news. I guess we wont use joint sponsor because my uncle sponsored my other uncle with family. I don't want them to have problem because of mine. I guess I just need to add the employment letter. And my husband had his promotion and pay raise today.

[Ian H. 207]

Are you using a joint sponsor, or are they referring to your husband? Did you submit proof of current employment with the I-864, tax transcripts? Did you calculate the household size correctly?

[AuroreJeremy 26]

Aurore, I had a bad news. I guess we wont use joint sponsor because my uncle sponsored my other uncle with family. I don't want them to have problem because of mine. I guess I just need to add the employment letter. And my husband had his promotion and pay raise today.

Aw I'm sorry to read that But I think you'll be fine with adding the employment letter from your husband's job and recent pay stubs. That's awesome he's got a promotion and pay raise!! Perfect timing lol. I hope you can mail your RFE response very soon!

[KatyF28 0]

What do you mean what number of i864s?