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AOS RFE Affidavit - Advice Needed

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Hello all, 


First off a little information. I moved here last year with a K1 visa in August, my wife and I were married in September and our NOA1 for my AOS paperwork was received December 3rd, 2018. 


We received an RFE today stating that my wife is under the 125% federal poverty guideline for our household size as per the documentation we sent with our original packet. The letter we received talks a lot about a "Joint Sponsor" however, since filing taxes for the latest year (2018) her income due to promotions and assets now exceeds the 125% poverty guideline. We are absolutely able to find a Joint Sponsor if needed, however we are both 150% confident we do not need a sponsor at all due to wage changes. 

The part where we need advice; the letter does not clearly state whether or not we are able to reply with the current financial situation and squeak through with that, rather it asks for a latest year tax slip + information pertaining to a Joint Sponsor. 🤷‍♂️

I plan on calling and hearing what they have to say about this and will update, but was curious if any one else has been in a similar situation and which way is the correct way to go about it. 


If I left out any vital information in this post please let me know in a reply and I will correct it.

Thank you for reading!

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Posted (edited)

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


While generally you always respond with only the information asked, I would definitely try calling and seeing if you're able to talk to someone and get info or an answer, but most likely will just receive generic responses, but worth a try.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.


02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview



giphy.gif     giphy.gif


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We had something kind of similar happen to us. When we originally filed, I wasn't working, so we needed a joint sponsor. And I didn't send an I-134 for myself. Just the sponsor. Come to find out that I actually did. So when the RFE came, I was employed at a job making over 125%, but just to be safe we sent both the joint sponsor paperwork and mine as well.


I know that is super confusing so I hope it make sense!


My advice would be to definitely call! But if you don't get any direct answers, use your joint sponsor as well. Better safe than sorry! 

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