RFE for Affidavit of Support

[Pzs 12]

14 minutes ago, Kmr92 said:

Your lawyer seems lazy and careless. You need to prove you won't be a public charge so I think those letters from management proving secure employment is good enough and if you have concerns, call USCIS help line and ask a representative there if those proofs will be sufficient. The fact that your lawyer submitted an outdated affidavit shows you how careless they are and should know exactly how to convince USCIS. Double check all the documents that are going to be submitted to USCIS and definitely confirm in a phone call with them if the evidence u want to provide is sufficient or not before sending. I never depend on a lawyer to do all the work for me because they don't care that much.

She assured me that shechecked the edition dates and said that it must’ve expired in the process. I will give USCIS a call, hopefully what we have now is all we need, as he makes well over the guidelines (around $6000 over) they have posted on their website.

[mushroomspore 3,043]

1 hour ago, Pzs said:

It was our joint return for $12,399 as hed only worked for 6 months when we filed. He has made another $15,000 in the past 6 months so for the whole year its around $27,000. He works at a hotel, he gets overtime regularly and does not rely on tips although they do get bonuses but they are not that much, his bonuses for the past 12 months are less than $1000. He doesn’t have any kids. 

So the $12,399 is his income listed on his 2017 tax return?? This is probably the reason they're saying he doesn't make enough. They look at the reported official figures for each year you submit tax returns for. So TECHNICALLY speaking, his income doesn't meet the threshold. I'd really advise looking into asking ANYONE who COULD be your joint sponsor as this would remove any doubt from USCIS's mind that you will become a public charge.

[pushbrk 12,149]

What did you state as his current income?

[Pzs 12]

21 minutes ago, mushroomspore said:

So the $12,399 is his income listed on his 2017 tax return?? This is probably the reason they're saying he doesn't make enough. They look at the reported official figures for each year you submit tax returns for. So TECHNICALLY speaking, his income doesn't meet the threshold. I'd really advise looking into asking ANYONE who COULD be your joint sponsor as this would remove any doubt from USCIS's mind that you will become a public charge.

Yes thats whats on the tax return because he’d only worked for 6 months at the time of filing. We did however include 4 months of paystubs from 2018 and will be including all of the pay stubs he’s received since filing in our response to the RFE. The amount was added up in the I-864, tax retuns + pay stubs. We wouldn’t mind asking anyone to be out joint sponsor, the thing is we don’t have many people in our lives so theres no one to ask really. My family makes money and sends money from my home country to help us out, but unfortunately I can’t use that in this case...

Edited July 11, 2018 by Pzs

[Pzs 12]

3 minutes ago, pushbrk said:

What did you state as his current income?

His income from the last 12 months is $27,400

 

[pushbrk 12,149]

Just now, Pzs said:

His income from the last 12 months is $27,400

 

There is no question where the answer would be what he made in the last 12 months.  Current income is calculated by taking the gross pay for a full pay period and multiplying that number by the number of pay periods in a year.  Again, in the current income spot on the affidavit, what did you enter as his "current income"?

 

On your RFE, so the actually request a joint sponsor OR are they sending your case forward to the Consulate with the indication the Consular Officer will decide etc.?

[Pzs 12]

2 minutes ago, pushbrk said:

There is no question where the answer would be what he made in the last 12 months.  Current income is calculated by taking the gross pay for a full pay period and multiplying that number by the number of pay periods in a year.  Again, in the current income spot on the affidavit, what did you enter as his "current income"?

 

On your RFE, so the actually request a joint sponsor OR are they sending your case forward to the Consulate with the indication the Consular Officer will decide etc.?

On the I-864 our attourney calculated $23,800. Our package was sent around 4 months ago so he’s made more since then and received a raise. The RFE mentions: letter from employer, tax transcripts, assets, joint sponsor. 

[mushroomspore 3,043]

13 minutes ago, Pzs said:

Yes thats whats on the tax return because he’d only worked for 6 months at the time of filing. We did however include 4 months of paystubs from 2018 and will be including all of the pay stubs he’s received since filing in our response to the RFE. The amount was added up in the I-864, tax retuns + pay stubs. We wouldn’t mind asking anyone to be out joint sponsor, the thing is we don’t have many people in our lives so theres no one to ask really. My family makes money and sends money from my home country to help us out, but unfortunately I can’t use that in this case...

Unfortunately, it doesn't really matter to USCIS if he was only working 6 months or 12 months at the time of filing the taxes. The bottom line is that the income on his tax return doesn't meet the poverty guideline for a 2-people household. 

 

It really would be best to get a joint sponsor. I know you're saying there is no one you can ask but try to think of at least ONE person you might be able. If you really really can't, then all you can do is send your RFE response and hope for the best. If that doesn't work out either, the only other option I can think of is possibly waiting until next year to file again when your husband will have his 2018 tax return with a reported income that is above the poverty guideline.

[Pzs 12]

8 minutes ago, mushroomspore said:

Unfortunately, it doesn't really matter to USCIS if he was only working 6 months or 12 months at the time of filing the taxes. The bottom line is that the income on his tax return doesn't meet the poverty guideline for a 2-people household. 

 

It really would be best to get a joint sponsor. I know you're saying there is no one you can ask but try to think of at least ONE person you might be able. If you really really can't, then all you can do is send your RFE response and hope for the best. If that doesn't work out either, the only other option I can think of is possibly waiting until next year to file again when your husband will have his 2018 tax return with a reported income that is above the poverty guideline.

Oh man that really sucks... we will send our response and hopefully it’ll go well. That stuff really scares me. Waiting for that long without a status would be so terrible. 

[mushroomspore 3,043]

1 minute ago, Pzs said:

Oh man that really sucks... we will send our response and hopefully it’ll go well. That stuff really scares me. Waiting for that long without a status would be so terrible. 

It's definitely scary but it's important to acknowledge the reality. In your cover letter, I would suggest firmly pointing out your husband's current income etc. Then hope for the best. Keep us updated!!

[Pzs 12]

1 minute ago, mushroomspore said:

It's definitely scary but it's important to acknowledge the reality. In your cover letter, I would suggest firmly pointing out your husband's current income etc. Then hope for the best. Keep us updated!!

Our attorney said she will do her best to convince them in the cover letter, we really really hope they will read it and acknowledge it. Thank you so much for your responses! 

[swalker 137]

We had the same RFE. Here’s my thread: http://www.visajourney.com/forums/topic/670440-give-this-rfe-letter-a-look-for-me/

 

We sent in my pay stubs for the past 6 months and all was ok. 

[Pzs 12]

12 minutes ago, swalker said:

We had the same RFE. Here’s my thread: http://www.visajourney.com/forums/topic/670440-give-this-rfe-letter-a-look-for-me/

 

We sent in my pay stubs for the past 6 months and all was ok. 

Thats great to hear!!! We will definitely include all pay stubs and employment letter. I hope it all goes well!

[Abies 1,713]

8 hours ago, Pzs said:

Hello! I received an RFE a month and a half ago and out attorney has been working on a response and will hopefully send it out next week. The problem is the RFE states that my husband doesn’t make enough to sponsor me (just me and him and our household) but he does. He makes almost $26,000 a year and the guidelines ask for $20,500. We are unable to get a joint sponsor as theres no one willing to help us out with that. We met up with our attourney today and she explained that she can’t guarantee that she can convince them that he makes enough, which he does... he makes $6,000 over what they’re asking for. We’re really worried, is there anything we can do about that? 

Have you checked out the 2018 poverty guideline?

[Pzs 12]

1 hour ago, Abies said:

Have you checked out the 2018 poverty guideline?

Yes. It is $20,575 for 2 person household.