Adjustment of Status - income of sponsor

[donlee 0]

Received a RFE today.

1. Requesting all supporting tax documentation – This is easily done as we have the latest tax transcripts from IRS. This was sent with original application but we will send it in again.

2. Requesting evidence of assets as income did not meet 125% of poverty guideline. Problem is my sponsor is currently working overseas and the foreign earned income exclusion drops the amount ot total income in Line 22 in form 1040 to $2700. We had hoped that they would have seen the total income before the exclusion was more than $60,000 and pointed this out in a note. We now know that they only look at line 22 of the 1040. So now we need to show assets equal to 5 times the difference of $30,375-2700 = $27,775 or $138,775.

(a) The sponsored immigant has more than $200,000 in a savings account in the US. Can this sponsored immigant savings account be used in place of showing the assets (messy, many accounts etc.) of the sponsor?

(b) How do we provide the evidence? Explanatory letter plus 12 months of monthly statements for the savings account? Or is there a form to complete? Does the sponsor need to complete a fresh I-864 with the new information?

(c ) Do we need to declare and provide evidence of all other assets of the sponsored immigant? Not sure if this is a requrement, need advice.

Thanks for any advice.

Edited August 15, 2016 by donlee

[Kastrs 723]

Received a RFE today.

1. Requesting all supporting tax documentation – This is easily done as we have the latest tax transcripts from IRS. This was sent with original application but we will send it in again.

2. Requesting evidence of assets as income did not meet 125% of poverty guideline. Problem is my sponsor is currently working overseas and the foreign earned income exclusion drops the amount ot total income in Line 22 in form 1040 to $2700. We had hoped that they would have seen the total income before the exclusion was more than $60,000 and pointed this out in a note. We now know that they only look at line 22 of the 1040. So now we need to show assets equal to 5 times the difference of $30,375-2700 = $27,775 or $138,775.

Generally, income earned outside of the US cannot be used for the purposes of financial sponsorship. The exception is in cases where it can be demonstrated that the income will continue within the US.

(a) The sponsored immigant has more than $200,000 in a savings account in the US. Can this sponsored immigant savings account be used in place of showing the assets (messy, many accounts etc.) of the sponsor?

Yes you can use savings, and can self sponsor if you have a large enough savings

(b) How do we provide the evidence? Explanatory letter plus 12 months of monthly statements for the savings account? Or is there a form to complete? Does the sponsor need to complete a fresh I-864 with the new information?

yes you will need a new 1-864 along with the bank statements

(c ) Do we need to declare and provide evidence of all other assets of the sponsored immigant? Not sure if this is a requrement, need advice.

You just need to show enough income/assets

Thanks for any advice.

[donlee 0]

Additional questions with regard to RFE:

"2. Requesting evidence of assets as income did not meet 125% of poverty guideline. Problem is my sponsor is currently working overseas and the foreign earned income exclusion drops the amount ot total income in Line 22 in form 1040 to $2700. We had hoped that they would have seen the total income before the exclusion was more than $60,000 and pointed this out in a note. We now know that they only look at line 22 of the 1040. So now we need to show assets equal to 5 times the difference of $30,375-2700 = $27,775 or $138,775. "

Is it only the latest total income that is used? I mistakenly quoted the $2700 which was for 2012. But for 2015, it was $29,000 after foreign earned income exclusion. Do I only have to show assets 5 times the 2016 difference? That is, $6875 or 5 times $1,375 ($30,375-29,000).

Thanks for your advice.

Edited August 15, 2016 by donlee

[Merrytooth 5,748]

Sponsor must have a domicile in the United States or a territory or possession of the United States.

If your sponsor is working overseas, how would he/she satisfy the US domicile requirement?

[EM_Vandaveer 2,408]

If the intending immigrant has $200K in savings, why use a joint sponsor to begin with? You can include her savings as assets on your I-864.

Edited August 15, 2016 by EM_Vandaveer

[donlee 0]

Sponsor must have a domicile in the United States or a territory or possession of the United States.

If your sponsor is working overseas, how would he/she satisfy the US domicile requirement?

Sponsor has provided evidence of continued ties to the US – Voting records, bank & investment accounts, federal and state tax payments, driving licence, credit cards.

I assume proof of US domicile has been accepted before USCIS issues RFE for affidavit of support? Maybe I am wrong.

[donlee 0]

If the intending immigrant has $200K in savings, why use a joint sponsor to begin with? You can include her savings as assets on your I-864.

No, do not intend to use joint sponsor. But, as someone adviced, we need to submit new I-864 with additional info of assets of intending immigrant.

[Merrytooth 5,748]

No, do not intend to use joint sponsor. But, as someone adviced, we need to submit new I-864 with additional info of assets of intending immigrant.

Your daughter is the one filing I-130 and I-485 for you, right?

But she is currently working overseas for how long?

[donlee 0]

Your daughter is the one filing I-130 and I-485 for you, right?

But she is currently working overseas for how long?

For another 18 months or so until contract runs out and then she returns to US.

[EM_Vandaveer 2,408]

That's not going to work. The sponsor/petitioner needs to have US domicile. The point of the AOS is family reunification. If the petitioner is living abroad, there is no family to reunite at this time.

[apgcall 1]

Received a RFE today.

1. Requesting all supporting tax documentation – This is easily done as we have the latest tax transcripts from IRS. This was sent with original application but we will send it in again.

2. Requesting evidence of assets as income did not meet 125% of poverty guideline. Problem is my sponsor is currently working overseas and the foreign earned income exclusion drops the amount ot total income in Line 22 in form 1040 to $2700. We had hoped that they would have seen the total income before the exclusion was more than $60,000 and pointed this out in a note. We now know that they only look at line 22 of the 1040. So now we need to show assets equal to 5 times the difference of $30,375-2700 = $27,775 or $138,775.

(a) The sponsored immigant has more than $200,000 in a savings account in the US. Can this sponsored immigant savings account be used in place of showing the assets (messy, many accounts etc.) of the sponsor?

(b) How do we provide the evidence? Explanatory letter plus 12 months of monthly statements for the savings account? Or is there a form to complete? Does the sponsor need to complete a fresh I-864 with the new information?

(c ) Do we need to declare and provide evidence of all other assets of the sponsored immigant? Not sure if this is a requrement, need advice.

Thanks for any advice.

Hi, after rreading your post and all the comments, I think I can help with the little i know about this process.

First, your RFE did not mention anything about 'US domicile' which probably means that USCIS do not have problem with that. So I will not worry about it if i were you. I will advice you to resend last 3 years of your daughter Tax transcript.

If your sponsor is having other assets such as House, fixed saving etc, she can use it in PART 7 of form I-864 and provide evidence such as lease agreement for the house or letter from your sponsor's bank confirming total amount she has in her bank account and or fixed deposit account, etc. From i-864, Part 7, question 6 to 10 allows you as principal immigrant to add your income as well, in this case get proves ( (letter, statement,etc) from your bank to show it.

My strong advice to you will be to find joint sponsor with good income. It can be your daughter's friend, church member, coworker or even your church pastor. Let that person fill separate form i-864 and select Item 1d under Part 1. Co-sponsor will only need to send his or her tax transcript for the last 2 or 3 years.

And remember you need to fill new I-864 form each time you respond to RFE on affidavit of support.

I wish you good luck.

[donlee 0]

Hi, after rreading your post and all the comments, I think I can help with the little i know about this process.

First, your RFE did not mention anything about 'US domicile' which probably means that USCIS do not have problem with that. So I will not worry about it if i were you. I will advice you to resend last 3 years of your daughter Tax transcript.

If your sponsor is having other assets such as House, fixed saving etc, she can use it in PART 7 of form I-864 and provide evidence such as lease agreement for the house or letter from your sponsor's bank confirming total amount she has in her bank account and or fixed deposit account, etc. From i-864, Part 7, question 6 to 10 allows you as principal immigrant to add your income as well, in this case get proves ( (letter, statement,etc) from your bank to show it.

My strong advice to you will be to find joint sponsor with good income. It can be your daughter's friend, church member, coworker or even your church pastor. Let that person fill separate form i-864 and select Item 1d under Part 1. Co-sponsor will only need to send his or her tax transcript for the last 2 or 3 years.

And remember you need to fill new I-864 form each time you respond to RFE on affidavit of support.

I wish you good luck.

Thanks for your advice which was very useful. Much appreciated.

Also, like to thank everyone else for their comments and advice! Most grateful that you took the time!