I-864 second RFE response

[hmz 6]

Hello,

I am doing an AOS for my wife and after second RFE, they're asking for a new joint sponsor because neither I or the current joint sponsor meets the poverty guideline requirements. Technically, I tried to explained that my current income since Jan. 2015 meets the poverty guideline showing bank statements and current income, but I guess being a self-employed is a little tricky and non tax documents are not really prove of anything.

So the new joint sponsor is a military veteran and her income is above $50k/year. Her income is not taxable and she hasn't needed to pay taxes since retiring from Air Force some 20 years ago.

I am including the following docs:

1. I-864 filled out and signed

2. US Department of Veterans Affairs letter showing monthly deposits (1997, 2015)

3. Form SSA-1099 showing social security benefits

4. Copy of a Veterans Affairs ID card

5. Letter showing discharge from active duty

6. Copy of a birth certificate as proof of citizenship (last name in maiden name, but IDs showing a married name, now divorced)

In the last RFE letter they highlighted the line that they will deny our case if the following criteria won't be met. I want to make no mistakes this time, this is our last chance.

Should I add anything else to the list? Is there anything else I should be concern about?

Thanks!

Edited November 16, 2015 by hmz

[KayDeeCee 4,891]

Discharge papers not needed. Since the income is non-taxable, I would also add in at least the last 6 months of bank statements showing the deposits each month. 12 months worth is even better and preferred. You also need to include her most recent tax transcript.

[hmz 6]

Discharge papers not needed. Since the income is non-taxable, I would also add in at least the last 6 months of bank statements showing the deposits each month. 12 months worth is even better and preferred. You also need to include her most recent tax transcript.

Are the bank statements needed since the Veterans Affairs letter states the monthly deposits?

The sponsor insisted, she even called to USCIS that the tax transcripts are not needed because she hasn't filed in years and it won't be any info on it. What is the correct procedure, I am not even sure.

[Ebunoluwa 6,136]

A letter explaining why she does not have to file taxes.

[KayDeeCee 4,891]

Are the bank statements needed since the Veterans Affairs letter states the monthly deposits?

The sponsor insisted, she even called to USCIS that the tax transcripts are not needed because she hasn't filed in years and it won't be any info on it. What is the correct procedure, I am not even sure.

You don't get another chance, so yes, include the proof of income deposits. Non-taxable income can be difficult to prove, so you need to show all the proof of the income amount you possibly can. The bank statements are important in this case.

The joint sponsor will need to include a statement as to why they are not legally required to file taxes. They should state that all their income is non-taxable, so therefore they are not legally obligated to file.

[Good2Know 2]

Hi , just FYI

 Her ( the veteran ) assets nobody can go after them but child support . if you were to be in a situation when i864 is effective Only the Veterans affairs or Dfas can access that pension 

 

to clarify . her income will cover a petition only if she is THE ONE  applying for her immediate family .

I am not a lawyer , just helping you understand service members income 

[payxibka 10,044]

14 minutes ago, Good2Know said:

Hi , just FYI

 Her ( the veteran ) assets nobody can go after them but child support . if you were to be in a situation when i864 is effective Only the Veterans affairs or Dfas can access that pension 

 

to clarify . her income will cover a petition only if she is THE ONE  applying for her immediate family .

I am not a lawyer , just helping you understand service members income 

Except this thread is 5 years old.  I hope they already understand