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Dillman2112

2nd RFE Related to I-864 Income

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Hello,


I submitted my I-485 package in February after coming into the US on a K-1 and marrying within the 90 day period. My wife is a student with no income so we used her father as a joint sponsor, filling out a separate I-864 form for each. My initial submission for the joint sponsor contained a signed bank letter of total deposits for a year, a signed letter from the employer stating salary and date of employment, and a 1040 tax form from 2013 as 2014 taxes were not completed at the time. The joint sponsors W-2 income met the 125% of the poverty line.



I then received an RFE stating the father's income did not meet the requirements and needed more evidence so I obtained 6 months of paystubs as well as 3 years (2012, 2013 and 2014) of W-2 forms and sent that in.



I have now received a second RFE related to issues with co-sponsors income, however the exact issue is highlighted. When determining income eligibility, the sponsors total income on line 22 on form 1040 is looked at. In our case, due to a business loss, the sponsors total income was a negative number around -$30,000 for 2013, even though the W-2 income for 2013 ($37,000) met the requirements. The letter also stated the sponsor would need to show assets equaling 5 times the difference between the income and the poverty line (about $30,000), meaning around $60,000 x 5 and equaling roughly $300,000. This is not possible in our case.



The joint sponsor recently finished his 2014 taxes and the total income on line 22 ($37,000) of the 2014 1040 does now meet and exceed the poverty guidelines for the specified family size. If I send in the 2014 1040, do I now need to redo the entire I-864 to reflect the new information or if I just send in the 2014 1040 is that sufficient?



Any tips or suggestions would be appreciated.



Thank you.


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Thanks for the reply.

I guess better safe than sorry so I will submit a re-done I-864 with the 2014 form 1040. The calculations meet the requirements on both the W-2 and the total income on the 1040 for 2014 so hopefully there wont be an issue.

Do I need to include the paystubs, employer and bank letters and W-2s again, or can I just write a cover letter explaining why the I-864 form was re-done with the included 1040?

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