RFE I-485 confusion of household size.

[Keenen and Nidia 1]

Hi ,

 

We ran into an issue maybe someone could help. Your time is appreciated.

 

We recieved and RFE from USCIS principally about our affidavit of support or the I-864. Basically they say we do not meet the 125 % guidelines and therefore require more evidence to prove our income with: W-2’s, 1099s, Form 2555, All supporting tax documents for the most recent year, or get a joint sponsor. 

 

Here is where I am confused and maybe someone can enlighten me. The poverty guidelines for 2 people for the year 2018 is  $20,575. Before sending in our application I could prove on last years taxes I earned $21,275 with my two jobs combined( I changed jobs one time in 2017. 

 

I am wondering the the reason for my error in getting the RFE was maybe I put the incorrect household size number at the time?

 

When I filled out page 4 of the 1-864 afidavit of support there was a note that said: do not count any member of your household more than once. The first three questions were only applicable to us.

 

 “Person you are sponsoring in this affidavit.”

  “1.Provide the number you entered in Part           3., Item Number 29.” I put a 1.

 

”Persons NOT sponsored in this affidavit”

 

”2. Yourself” I put 1.

 

”3. If you are currently married, enter”1” for your spouse.” ( this question was confusing to me because my then fiancée through K-visa became my wife shortly after she came to the U.S.A. So in honesty being she is my wife now I put 1.)

 

Was it unnecessary to mark this box for number 3 as the note indicated pertaining to number one of just sponsoring my then fiancée now wife?

 

We filled out this form on the computer and it automatically put 3. There are not 3 people total in our household yet.

 

My question is did USCIS determine since we put three for our household, we were based off the 125 % for 3 people at $25,975 instead of reality we are only two?

 

Does USCIS judge how you can financially take care of your wife based ultimately off your tax returns from the most recent tax year 2017? 

 

I was under the impression that what you make under the current year counted for something in USCIS’s eyes. Because if this is the case, I recently changed jobs again to a salaried position and now make annually $33,588.33 which should be more than enough in our situation. 

 

One last caveat to all this is my wife is pregnant now and I do not know how USCIS views this legally as an extra individual or not to be counted to our household size. Our due date for this baby is sometime late part of January 2019.

 

We have 87 days to reply and give what is asked or they will deny our case. Given this information, am I pushing it close what I make by just being the sponsor myself and risk our case getting denied or just for extra security just go ahead and get a joint sponsor?

 

I am wondering because of the affidavit of support when I was confused filling the aforementioned part out, can I  re submit the I-864 with the requested information for more evidence to our household size being two? 

 

Please help, I’m grateful for any insight as you may have. 

 

Keenen

 

 

 

 

 

 

 

 

 

 

 

Edited August 22, 2018 by Keenen and Nidia

[Ben&Zian 4,398]

~Moved to Adjustment of Status Case Filing and Progress Reports~

 

Yes. You should have only marked 1 for yourself, and 1 for the intending immigrant (K-1 recipient) and essentially ignored the "Married" value., 1 for yourself, 1 for the K-1 visa holder. Ignore the married section otherwise it will count as 3 total instead of 2... you aren't the first surprisingly to have this question or marked it wrong. Not sure how it happens but not the first by any means.

Edited August 22, 2018 by Ben&Zian

[Liam2021 583]

”3. If you are currently married, enter”1” for your spouse.” ( this question was confusing to me because my then fiancée through K-visa became my wife shortly after she came to the U.S.A. So in honesty being she is my wife now I put 1.)

 

You should put 0, not 1. Since you put 1 so it cause the household size become 3.

[Crazy Cat 41,981]

10 minutes ago, Keenen and Nidia said:

Hi ,

 

We ran into an issue maybe someone could help. Your time is appreciated.

 

We recieved and RFE from USCIS principally about our affidavit of support or the I-864. Basically they say we do not meet the 125 % guidelines and therefore require more evidence to prove our income with: W-2’s, 1099s, Form 2555, All supporting tax documents for the most recent year, or get a joint sponsor. 

 

Here is where I am confused and maybe someone can enlighten me. The poverty guidelines for 2 people for the year 2018 is  $20,575. Before sending in our application I could prove on last years taxes I earned $21,275 with my two jobs combined( I changed jobs one time in 2017. 

 

I am wondering the the reason for my error in getting the RFE was maybe I put the incorrect household size number at the time?

 

When I filled out page 4 of the 1-864 afidavit of support there was a note that said: do not count any member of your household more than once. The first three questions were only applicable to us.

 

 “Person you are sponsoring in this affidavit.”

  “1.Provide the number you entered in Part           3., Item Number 29.” I put a 1.

 

”Persons NOT sponsored in this affidavit”

 

”2. Yourself” I put 1.

 

”3. If you are currently married, enter”1” for your spouse.” ( this question was confusing to me because my then fiancée through K-visa became my wife shortly after she came to the U.S.A. So in honesty being she is my wife now I put 1.) This should be "0"

 

Was it unnecessary to mark this box for number 3 as the note indicated pertaining to number one of just sponsoring my then fiancée now wife?

 

We filled out this form on the computer and it automatically put 3. There are not 3 people total in our household yet.

 

My question is did USCIS determine since we put three for our household, we were based off the 125 % for 3 people at $25,975 instead of reality we are only two?

 

Does USCIS judge how you can financially take care of your wife based ultimately off your tax returns from the most recent tax year 2017? 

 

I was under the impression that what you make under the current year counted for something in USCIS’s eyes. Because if this is the case, I recently changed jobs again to a salaried position and now make annually $33,588.33 which should be more than enough in our situation. 

 

One last caveat to all this is my wife is pregnant now and I do not know how USCIS views this legally as an extra individual or not to be counted to our household size. Our due date for this baby is sometime late part of January 2019.

 

We have 87 days to reply and give what is asked or they will deny our case. Given this information, am I pushing it close what I make by just being the sponsor myself and risk our case getting denied or just for extra security just go ahead and get a joint sponsor?

 

I am wondering because of the affidavit of support when I was confused filling the aforementioned part out, can I  re submit the I-864 with the requested information for more evidence to our household size being two? 

 

Please help, I’m grateful for any insight as you may have. 

 

Keenen

 

 

 

 

 

 

 

 

 

 

 

Item #3 should be "0".  Your wife should be listed in #1, but NOT  in the "PERSON NOT SPONSORED ....." section

 

[Keenen and Nidia 1]

That makes sense. Thank you. Now the question is I wonder could  I resubmit my I-864 and leave a note with other requested information that I misunderstood? 

 

Would I be okay to be the lone sponsor without a joint sponsor they would accept everything? 

[Crazy Cat 41,981]

4 minutes ago, Keenen and Nidia said:

That makes sense. Thank you. Now the question is I wonder could  I resubmit my I-864 and leave a note with other requested information that I misunderstood? 

 

Would I be okay to be the lone sponsor without a joint sponsor they would accept everything? 

The key is CURRENT income, so I think you could just resubmit with a new I-864 and required evidence.

[Keenen and Nidia 1]

I’m going to do that. Appreciate it. 

[Keenen and Nidia 1]

I’m going to do that. Appreciate it. 

[NikLR 13,227]

current income is not past income.

 

Current income = hourly wage x hours per week x 52 

 

If you're paid a salary put that down.  

 

Current income is what you make per 12 month period.