RFE what can we do (merged)

[angelalahavok 8]

So we got an RFE for joint sponsor to send his last yr tax return and they said he didn't make enough which is dumb cus his income was 30-34k for a household of 4. He doesn't have any asset to show so we may need to find a different joint sponsor and I'm sure no one help us ?

I'm the citizen and pregnant and due in about 2 months, they said if evidence is not received in 87 days it's gonna be denied. Anything we can do? I'm so worried

[aleful 1,905]

hi

so how much was it? over 30K? because you gave a range, and what about this year?

plus what did he send as supporting financial evidence? employment letter, paystubs, copies of W2?

[Jim&Aura 6]

aleful makes a good point... since the official MINIMUM requirement for a family of 4 on the most recent form I-864P is $30,375, I would assume that if your sponsor's income was around that number or lower, that is why they are asking for more supporting evidence. Frankly, i would have thought that his tax returns would have been required already. Otherwise, without that proof, anyone could claim they make any amount of income, right?

I don't know the inner workings here but logic dictates that in cases where the applicant/sponsor is very close that minimum number, they would pursue more due diligence than in a case where the sponsor far exceeded that number. Add to this the fact that you say he has no assets to claim, it is not surprising that they are asking for more information. All you can really do at this point is comply with their request, hope for the best, but alternatively pursue alternate sponsors that have a bit more breathing room over that $30,375.

[Penguin_ie 5,986]

Yes, how much exactly is he making now? It sounds like he is close to the povertyline for 4.

It is very possible that he does make enough, but simply didn't send enough evidence, especially of current and ongoing income- ie not just last year's tax return, but recent paystubs.

[p-ana 933]

Maybe you didn't send all the proper supporting documents? They'll be looking for 2015 tax documents (tax transcript, or full tax return and w2 for 2015), also recent pay checks and/ or employer letter.

Check your papers, if everything was sent, it maybe the amount the person makes, make sure you're counting everyone in their household plus the immigrant.

I hope you don't need a new one. Good luck

[angelalahavok 8]

Yes I beleive his income was right on the line about 31k and just saw his income for 2015 which was only 26k. I mean if we can't find another sponsor and it gets denied is there anyway we can reapply later or do some sort of waiver?

[Jim&Aura 6]

Can you clarify your last statement? You said that his income was right on the $31k line, but then said that his 2015 total was only $26k. Are you saying that he only made $26k last year but is on track to make $31k this year? Meaning, if you, for instance, take his paystubs for Jan1-Jun30 this year, do they add to $15.5K, which would extrapolate to $31k annually? If this is the case, I am not sure how they judge it, but I agree that you should send in every piece of documentation available to support him making at least $31k this year and going forward.

[angelalahavok 8]

I think his pay stubs for this yr was showing near 30k and then the w2 for last yr is 26k therefore I'm guessing his tax return for last yr was also 26k

[KayDeeCee 4,892]

If the recent taxes are missing, then the RFE letter will always state the income is not sufficient. You must provide a complete copy of the return with all forms, schedules, W-2s and/or 1099s, or an IRS tax transcript. If married, also provide the W-2 with transcript to show his individual income from the joint return. Also, if married, does the wife have any income? If so, she can provide an I-864A to go along with his I-864 in order to meet the requirement with their combined incomes.

If not self-employed, then the requirement should not be based on what they made last year. It will be based on the current annual income. How much earned per hour multiplied by hours worked per week, then multiplied by 52 weeks. That is the annual income amount that needs to meet the requirement. Provide letter from employer and last 6 months of pay stubs to prove that current income amount.

[N-o-l-a 7,167]

So we got an RFE for joint sponsor to send his last yr tax return and they said he didn't make enough which is dumb cus his income was 30-34k for a household of 4. He doesn't have any asset to show so we may need to find a different joint sponsor and I'm sure no one help us ?

I'm the citizen and pregnant and due in about 2 months, they said if evidence is not received in 87 days it's gonna be denied. Anything we can do? I'm so worried

You should be able to show the current income, but worst case scenario, with the amount of job openings in the Moorhead area, you could easily find some employment at the moment and perhaps meet the poverty line for just you and your spouse before the baby comes. That is about a $10/hr job. I'm not sure why you just didn't do that in the first place. When I drove through a few weeks ago, a ton of places had help wanted signs. A ton.

[angelalahavok 8]

Kayceedee- we already showed pay stubs for this yr.. Anyhow if the tax return is not enough for last yr then will he still need to show the assets?

Nola- are u saying if I get a 2nd job now and work just for two months that would be good enough ?

[angelalahavok 8]

We got a RFE for the joint sponsor to provide last yr tax return and also his assets or find another joint sponsor. I can send his tax return but he doesn't have any assets and I'm sure it's really hard to find someone else to help us. So I'm wondering, if I get a 2nd job to put us over the poverty line would that work? Although I can only work that job two months before taking maternity leave. Also I do own one car can I show that? If my foreign spouse is father of my child is there any way he can stay if denied? Any other options for us ? This is so stressful

[Ebunoluwa 6,136]

If your joint sponsor meets the guidelines then no assets are needed. It was probably a general template letter.
Send his official tax transcripts (which include all schedules) instead of the tax return copies.

If you send 1040 copies then attach all schedules.
Pay stubs, employment letter.

No, one car will not count for assets because you need it.

They would likely not accept a 2. job you are just starting and not for 2 months.
If he is denied you file again and he can stay, if not then he will be out of status and can not stay just because

he is the father of your child.

Question is: Does your joint sponsor meet/exceed the guidelines and has pay stubs, employer letter and filed taxes so you

can send everything in and that will fix this issue.

[angelalahavok 8]

Yes his compensation for 2015 was 32,395 for a household of 4 and didn't give his 2016. So that does go over the poverty line anyhow for 2016. And how would we apply again if denied? I read there's no appeal

[angelalahavok 8]

So I now see the joint sponsor gave me his 2015 compensation statement which was $32395 for a household of 4. That still passes for 2016 so idk why they its not above the guideline.

So I now see the joint sponsor gave me his 2015 compensation statement which was $32395 for a household of 4. That still passes for 2016 so idk why they its not above the guideline.