Need help for my RFIE (request for initial evidence) about I-864

[NataliaLin 18]

Hello everyone!

I've received an RFIE for my AOS after getting married through the K-1 visa.

The mail from USCIS was this:

1.) The "Sponsor's Household Size" on the petitioner/sponsor's Form I-864, Affidavit of Support (revision date 07/02/2015) was calculated incorrectly or not completed. A household size of 0 or 1 is not acceptable. - The petitioner/sponsor must correct and or complete and return page 4 of Form I-864. (Already corrected)

2.) Based on the documents submitted with Form I-864, Affidavit of Support, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets must equal the stated difference between the petitioner/sponsor's household income and 125% (100% if military) of the poverty guideline.

(...etc etc about assets, evidence of assets and requirements if decide to obtain joint sponsor)

My question is:

My husband's last IRS Form 1040EZ total income does not meet the poverty guideline, but he did made more than 20.000$ (tax return was submitted without one of the W2's because it was missing) but we do have proof of those payments: Can we send it like this (1040EZ below 20k, but with supplementaries documents to prove the income) or the total income of 1040EZ must be above 125% of household income?

I'm really desperate, stressed and nervous right now!!! already been 20 days since they sent it, and 11 days since I received the hard copy of the RFE, and don't have the slightest idea of what to do next!!

Thanks for taking your time to read and hope anybody can enlighten me!!

- Natalia.

[Shauneg 762]

He needs to submit an amended tax return, he can't just not claim those earnings because he didn't have a w2 at the time. This is something he should be doing, I don't know why he's leaving it up to you to figure out.

Edited February 13, 2016 by Shauneg

[NataliaLin 18]

He needs to submit an amended tax return, he can't just not claim those earnings because he didn't have a w2 at the time. This is something he should be doing, I don't know why he's leaving it up to you to figure out.

Thank you for your fast response! Actually he doesn't know either and don't have anybody that knows about to ask and I've been the one on Visa Journey forums!

So we need to amend the tax return first, them submit the one "fixed"? Do you know how long it takes to amend?

[Shauneg 762]

Thank you for your fast response! Actually he doesn't know either and don't have anybody that knows about to ask and I've been the one on Visa Journey forums!

So we need to amend the tax return first, them submit the one "fixed"? Do you know how long it takes to amend?

Yes, and no I do not. Sorry...

Time is of the essence, you have a limited amount of time to reply to the rfe.

Edited February 13, 2016 by Shauneg