RFE I-864 just changed work

[Minori 111]

Hello,

I want to know what papers I correct and include to reply for the RFE. 

I am a wife of American citizen on a process for the first greencard but got RFE

that says I need to submit my husband’s something to prove his income such as tax documents. I submitted but it seems for my son should be included. 

 

Filed August 2018, and my husband just changed his work started this month,  January 2019, so he hasn’t get paystubs yet. It seemed his income from previous work didn’t meet the 125% of poverty line. That’s why he changed his job. 

 

I will submit 2017 tax return and tax documents but maybe need a letter from his current work about his future income. 

And of course I will write a letter about that his work changed. 

 

I don’t want to take time for this process any more so I want to include all documents that I can correct. 

 

 Thank you in advance

 

Edited January 15, 2019 by Minori

[eckoin 211]

Just to confirm, you submitted the 2017 tax transcript, but he did not make 125% of the poverty line in 2017? Did you have a joint sponsor? And what do you mean by including your son, do you mean in the household size? Is your son with you in the US? 

 

Or are you saying that your husband did make 125% for a family of two, but since your son came with you, he did not make 125% for a family of three? 

[Minori 111]

20 minutes ago, eckoin said:

Just to confirm, you submitted the 2017 tax transcript, but he did not make 125% of the poverty line in 2017? Did you have a joint sponsor? And what do you mean by including your son, do you mean in the household size? Is your son with you in the US? 

 

Or are you saying that your husband did make 125% for a family of two, but since your son came with you, he did not make 125% for a family of three? 

Thank you for your comment. 

I brought my son with me from Japan and I submitted I-864 for both of us when I filed in August 2018. 

My husband’s income didn’t meet the poverty line at his previous job, so changed job but hasn’t get paystub yet because he started new job in this January. 

 

The RFE required I-864, the most recent tax return and tax documents such as w-2 and 1099. 

 

I wrote a cover letter about his work has changed to enclose with those papers. So maybe I should include a letter from his new work. Or just bring it for the interview would be later? 

 

I know I should enter his income of 2017 even if it’s very low, but need to write his new job name and address as current work, right? 

 

I am really tired of his income things because he doesn’t care about this...lol

[K1visaHopeful 2,662]

1 minute ago, Minori said:

Thank you for your comment. 

I brought my son with me from Japan and I submitted I-864 for both of us when I filed in August 2018. 

My husband’s income didn’t meet the poverty line at his previous job, so changed job but hasn’t get paystub yet because he started new job in this January. 

 

The RFE required I-864, the most recent tax return and tax documents such as w-2 and 1099. 

 

I wrote a cover letter about his work has changed to enclose with those papers. So maybe I should include a letter from his new work. Or just bring it for the interview would be later? 

 

I know I should enter his income of 2017 even if it’s very low, but need to write his new job name and address as current work, right? 

 

I am really tired of his income things because he doesn’t care about this...lol

He better start caring because at this moment because he does not make above the poverty guidelines for your household size, he will not be able to sponsor you, you will be denied and he will have to pay $1225 for you to apply again when he makes enough money.

Get an employment verification letter from his new employer stating projected earnings for the year. I doubt that will be enough though.

Get a joint sponsor! ASAP!

And remind him that by him not caring about your immigration issues after he brought you here is abuse.

[geowrian 22,335]

I'll just note that future income is not current income. The I-864 requests current annual income + evidence of that (i.e. pay stub and employment letter). I would hold off until he has at least one pay stub from the new job (assuming the RFE response isn't due before then).

Edit: Or use a joint sponsor. That would be the safer option, although not always viable for everybody.

Edited January 16, 2019 by geowrian

[Minori 111]

5 minutes ago, K1visaHopeful said:

He better start caring because at this moment because he does not make above the poverty guidelines for your household size, he will not be able to sponsor you, you will be denied and he will have to pay $1225 for you to apply again when he makes enough money.

Get an employment verification letter from his new employer stating projected earnings for the year. I doubt that will be enough though.

Get a joint sponsor! ASAP!

And remind him that by him not caring about your immigration issues after he brought you here is abuse.

Thank you for your comment. 

Yes, need a letter from his current work, actually it’s goverment work but I don’t know if his income would be enough for the 125% of poverty line. 

 

He doesn’t want to find a co sponsor anymore because his brother did when we filed K1. He doesn’t have friends to ask... 

 

oh I didn’t know that. I will tell him if he doesn’t try for us and reluctant to do. 

[Minori 111]

9 minutes ago, geowrian said:

I'll just note that future income is not current income. The I-864 requests current annual income + evidence of that (i.e. pay stub and employment letter). I would hold off until he has at least one pay stub from the new job (assuming the RFE response isn't due before then).

Edit: Or use a joint sponsor. That would be the safer option, although not always viable for everybody.

Thank you for your comment. 

I see. Yes, I was thinking if I should wait until he gets a stub in February. We still have time to collect papers. 

Yes, I had been asking him about co sponsor but he didn’t want to ask someone for me. 

[Minori 111]

I live in Hawaii and household is 4. so 125% of Poverty line Annual $36,088, monthly $3,007, is it correct? That’s in 2018. 

 

Or use 2019? 

 

Edited January 16, 2019 by Minori

[geowrian 22,335]

6 minutes ago, Minori said:

I live in Hawaii and household is 4. so 125% of Poverty line Annual $36,088, monthly $3,007, is it correct? That’s in 2018. 

 

Or use 2019? 

 

https://www.uscis.gov/i-864p

For a household size of 4, the minimum income level would be $36,087.

The 2019 poverty levels have not been published yet.

The IO makes a public charge decision based on a totality of the circumstances, not just minimums.

[Minori 111]

20 minutes ago, geowrian said:

https://www.uscis.gov/i-864p

For a household size of 4, the minimum income level would be $36,087.

The 2019 poverty levels have not been published yet.

The IO makes a public charge decision based on a totality of the circumstances, not just minimums.

Thank you. Oh yes at the least $36,087....

 

If I couldn’t reply before the due, my application would be denied, and I have to go back to Japan unless apply again... 

 

[geowrian 22,335]

7 minutes ago, Minori said:

Thank you. Oh yes at the least $36,087....

 

If I couldn’t reply before the due, my application would be denied, and I have to go back to Japan unless apply again...

Or find a joint sponsor.

If denied for whatever reason, you can reapply from within the US. You don't have to leave and start over with a new visa. As the spouse of a USC, any unlawful presence (time from denial to reapplication) isn't an issue for AOS.

[Minori 111]

1 hour ago, geowrian said:

Or find a joint sponsor.

If denied for whatever reason, you can reapply from within the US. You don't have to leave and start over with a new visa. As the spouse of a USC, any unlawful presence (time from denial to reapplication) isn't an issue for AOS.

Okay thank you. 

Now I found out one more letter about the same contents for me should be, but didn’t get so I have to call Uscis tomorrow. 

 

 

[Minori 111]

I have a simple question now. 

so if the income didn’t meet 125% of the poverty line, would I get RFE again? Or they just need to collect documents needed at least? 

 

We needed cosponsor for K1, but I didn’t know and get any RFE until the interview. So maybe I just send out his tax returns and tax documents of 2017 they requested?? 

And bring some documents to prove meet the poverty line such as new job’s pay stub and a letter for income, for the interview? 

 

I just want to hurry because I haven’t work for a year. 

[K1visaHopeful 2,662]

3 minutes ago, Minori said:

I have a simple question now. 

so if the income didn’t meet 125% of the poverty line, would I get RFE again? Yes. Your sponsor needs to meet the 125% or you will need a joint sponsor that does. Because you have received the RFE now, you will need to satisfy it now. Or they just need to collect documents needed at least? No.

 

We needed cosponsor for K1, but I didn’t know and get any RFE until the interview. So maybe I just send out his tax returns and tax documents of 2017 they requested?? For the K1, you do not submit the I134 until the interview so that's why you only got an RFE then. 

And bring some documents to prove meet the poverty line such as new job’s pay stub and a letter for income, for the interview? No you will need to satisfy the RFE now. You will not make it to the interview stage if you dont. Follow the instructions previously mentioned in the other comments (wait for a paystub or a few paystubs or be safe and get a joint sponsor).

 

I just want to hurry because I haven’t work for a year. 

Did you not apply for an EAD concurrently with your AOS application so you can work once that is approved (and before the GC is approved)? That would have been processed seperately.

 

[Minori 111]

4 hours ago, K1visaHopeful said:

 

I see, it’s different from K1 process... 

 

So even the RFE required tax return and tax documents, the income should meet the poverty line. Well I will have to get a paystub and a letter from my husband’s work until February. 

And maybe tax return and tax documents of 2017 should be included. 

 

I applyed EAD and AP with AoS, but it seems taking time and no changes status, so I think the RFE affects those things too. 

 

Thank you all here by the way!