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My husband and I submitted his application for adjustment of status, along with all supporting documentation. We received notice of application processing (797) as well as his biometrics appt letter including date/time. Today we received another letter than appears to be an RFE

 

When I submitted our application, along with document of financial support I included my last year tax transcripts. Per federal poverty guideline on USCIS for 3 person household is around 26,000. I brought home annually last year 31k as well as the last 2 previous years. 

 

Our RFE was in regards to needing a “co sponsor” because I do not “meet” the requirements!!?? When I called USCIS I was told they take the last several years and average out what you brought home annually! 

 

my husband was granted permission to the US and has been here for over 3.5 months! I’m so blown and frustrated that I have met over the requirement on more than one tax year and am being told I don’t meet the guidelines and now have to find someone willing to commit financially to our process. 

 

Has as anyone ever had this happen to them? What can I do? And what happens in the event I do not have a co-sponsor? I’m so defeated with this process and feel they make up their own guidelines as they go. Please someone help me understand what is happening! 

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11 minutes ago, missileman said:

I don't see many options.........Generate more income or find a well-qualified joint sponsor....

Even if I make more than the poverty guidelines listed online? Wouldn’t that defeat the purpose of having guidelines in the first place? 

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1 minute ago, SJ_Ulloa said:

Even if I make more than the poverty guidelines listed online? Wouldn’t that defeat the purpose of having guidelines in the first place? 

It is not so cut and dried as that.  They have discretion to look at the whole situation..

1 minute ago, britishandusa said:

My husband and I had the same RFIE about our joint sponsor even though he was well qualified (he made over triple the amount needed). We called USCIS requesting a Tier 2 and we were informed they made a mistake.

 

We resent everything with a cover letter outlinging EVERYTHING. We even sent the Poverty guideline page with the highlighted part of how we met the required income. We attached W2, pay stubs, previous tax returns, and a letter explaining HOW/WHY we met the poverty guideline, what was discussed with the Tier 2 officer (along with a name), and a broken down explanation of our joint sponsor's income.

 

I know VJ Members will tell you to get a new joint sponsor because they did to me also but USCIS accepted our response and we got our green card two weeks ago with no issue. 

Hopefully, that will work for the OP.


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7 minutes ago, missileman said:

It is not so cut and dried as that.  They have discretion to look at the whole situation..

Hopefully, that will work for the OP.

Although the OP's income is much closer to the FPL.  Someone who makes triple that and gets an RFIE has likely run into an error.  

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Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.

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What did you write down as your current income? Did you send paystubs to support this?


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57 minutes ago, NikLR said:

What did you write down as your current income? Did you send paystubs to support this?

Yes I sent pay stubs, that showed a promotion within my employment, and informed them with this new promotion I would be grossing 39k annually and submitted my offer letter that states my new annual raise on there, as well as tax transcripts from last year. 

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2 hours ago, britishandusa said:

My husband and I had the same RFIE about our joint sponsor even though he was well qualified (he made over triple the amount needed). We called USCIS requesting a Tier 2 and we were informed they made a mistake.

 

We resent everything with a cover letter outlinging EVERYTHING. We even sent the Poverty guideline page with the highlighted part of how we met the required income. We attached W2, pay stubs, previous tax returns, and a letter explaining HOW/WHY we met the poverty guideline, what was discussed with the Tier 2 officer (along with a name), and a broken down explanation of our joint sponsor's income.

 

I know VJ Members will tell you to get a new joint sponsor because they did to me also but USCIS accepted our response and we got our green card two weeks ago with no issue. 

I spoke to a tier 2 person and she was such a rude woman. She basically said she could not talk to me and that this was no longer my case, that she had to talk to my husband. Then she said I can send in my tax transcripts again from the last few years as well as a letter stating I make over the guidelines and risk a negative impact on his case for adjustment or do what they say... I am going to try to call back tomorrow with him and talk to another tier 2 person if possible tomorrow to see if I get more clarification 

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2 hours ago, Loren Y said:

Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.

I unfortunately do not have any assets that I could list as collateral, I rent currently, and finance my vehicle.... and any savings I had went to this process 😞

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2 minutes ago, SJ_Ulloa said:

I spoke to a tier 2 person and she was such a rude woman. She basically said she could not talk to me and that this was no longer my case, that she had to talk to my husband. Then she said I can send in my tax transcripts again from the last few years as well as a letter stating I make over the guidelines and risk a negative impact on his case for adjustment or do what they say... I am going to try to call back tomorrow with him and talk to another tier 2 person if possible tomorrow to see if I get more clarification 

She is right. Your husband needs to talk to USCIS. You can be there while he speaks to them but technically, it is his case now since he is the one adjusting status. They won't give you any detail without him authorizing for you to speak on his behalf. The same happened for us.


 

 

 

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I guess what I am not understanding is he is here... why wouldn't they figure this out when I first petitioned for him to come here, why wait until he has been here over 3.5 months, and I have been supporting him? This is what I am just not understanding. 

Per USCIS guidelines for 2018 - I have averaged more than the 135% in the last 4 tax years. I cannot help but to think this is a mistake, but I cant seem to talk to anyone to really find the answers I need. 

48 States and the District of Columbia 2018 Federal Poverty Level (FPL) Guideline Table
Family Size 100% 135%
1 $12,140 $16,389
2 $16,460 $22,221
3 $20,780

$28,053

 

 

 

Does anyone know what happens if I am not able to find a co- sponsor? What happens with my husband? That is alot to ask of someone to sign to sponsor someone for the next 10 years. Especially when I am well capable of doing so and have done so for the last 3.5 months. 

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13 hours ago, Loren Y said:

Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.

I do not own a house yet, that is something we were going to do once he received his green card, and SSN - would I be able to use my Vehicle as collateral? people technically do not own the homes they live in and finance the home through the bank, so would a car be the same?

 

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5 minutes ago, SJ_Ulloa said:

I cannot help but to think this is a mistake, but I cant seem to talk to anyone to really find the answers I need. 

So you make $31k and the guideline is $28k. That might or might not be a mistake. It might be too close for comfort, and they can deny. The officer takes the totality of circumstances into account. Just barely over the poverty guideline does not mean an automatic "passed". I don't know what the cost of livings in Baltimore is, but I am familiar with the DC area just a few miles south and the Virginia side of DC (Alexandria, Falls Church, ... ) and you won't be able to live there with an income of $31k for a family of 3. For example, what is your rent? I assume there is a child or a dependent. What's the cost of childcare? Those 2 costs alone eat up your entire income....I bet that's what the concern it. 

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