AOS RFE for I-864 Qualification Issue - Help Needed

[evisajpas20 0]

Hello everyone,

 

Newbie here but I have already been getting ton of useful information out of this forum! I concurrently filed my I-485 with I-130 in January.

Now I received a RFE regarding the I-864 of my joint sponsor.  I couldn't figure out what's the best way to interpret this RFE so I thought you guys may help me out. 😀

I am struggling if I could keep my current joint sponsor and send more explanations and documents, or it is advisable to find a new joint sponsor?

 

So here is a little bit of background:

My husband (the petitioner sponsor) does not meet the income requirement so we got his mother (US citizen) to be our joint sponsor and filed an I-864.

She is self employed (she takes cash receipts, so no 1099s nor W2s unfortunately) and her income and assets (savings & real estate value) meets 125% line.

Her tax is simple so I am sure no mistakes on the household size.

 

Here is the RFE I got (main text😞

 

Quote

 

Dear XXX,

 

Why We are Writing You

 

        (...blah blah, similar to everyone else's)

 

What You Need To Do

 

You must provide the following information in order for us to make a final decision on your case.

• Base on the documents submitted, we could not determine that the joint sponsor, XXX, on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the joint sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the joint sponsor's income meets 125 percent of the federal poverty guideline for the sponsor's household size. See Form I-864P for information on the Federal Poverty Guidelines.
• If the joint sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. ... blah blah (a paragraph stating the requirements)
• The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ.
• ... blah blah (common paragraphs of how to use assets to qualify and what types of assets)

 

 

I knew we made a few possible mistakes that may have led to this RFE:

1). My mother-in-law signed the form when she's outside of the US.  So she scanned it to me and I submitted the "print" version of the page which contained her signature. Technically speaking, I submitted the form that does not have her "wet ink signature" on it.

2). I mistakenly put her Total Income (Gross receipts of her self-employment income), rather than AGI, onto the Federal Tax Return Information (line 24) on I-864.

3). Her 2018 AGI (which is the most recent tax year's at the time of filing) is $5000 less than the 125% line. However, we did not give an explanation of how her current income is higher than that.

4). We did not include sufficient evidences showing her assets (savings and real estate) and how they made up the difference.

 

Here is the part I am confused: My RFE does not state explicitly that it is not the income that the joint sponsor did not meet.  They are questioning her qualification.

Based on the posts I have read on this forum, most I-864 RFEs were issued with a more specific reason (i.e. the sponsor did not meet income line). For example, like this:
"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size."

 

I thought based on her income and assets she should qualify; as if her income did not met the line, then the RFE should have just said something like above, right?

Also I have sent over her citizenship documents and her age is well over 18.

Do you guys think it may be her signature issue that caused this RFE? But then why the RFE does not explicitly let me know of that, or is it a combination of both insufficient income and signature issue? 😂

 

I now seem to have two options:

A. Refile the I-864, have her original signature on it (address issue 1)), update and correct the income figures on the form (to address issue 2)), include the 2019 tax returns, and collect every documentation we can to prove her current income and her assets (address issue 4)).  The good news is that we have her 2019 tax return now and her AGI is higher than 125% line. This hopefully would improve the situation mentioned in 3).

B. Find a new joint sponsor??? It will be hard...

 

In short, I am struggling if I could keep my current joint sponsor, refile I-864 and carefully write a response, or it is advisable to find a new joint sponsor?

Really wanted your guys' inputs to help me decide.  Much appreciated in advance!

 

-Ben

 

[Dashinka 24,591]

I would focus on your numbers 2, 3 and 4.  Keep in mind just meeting the 125% is not always enough in the eyes of the decision makers.

 

Good Luck!

[Crazy Cat 41,979]

6 hours ago, evisajpas20 said:

Do you guys think it may be her signature issue that caused this RFE?

No......I think it's the income and assets.  Remember, meeting the guidelines is just a starting point for USCIS to consider the qualifications.  Your mistakes on #2, #3, and #4 would be enough ambiguity for them to send the RFE.  I think you listed your options accurately.  With option A, you risk a denial, imo, if they don't consider her qualified after you make corrections.  You would then have to refile with new fees and a new joint sponsor........just my opinion.

[NikLR 13,227]

Okay for self employed her last tax return IS her current income.  If her 2019 is above you can sent that. 

For assets she generally cannot use a primary home.  Assets for a joint sponsor must be 5x the difference, and things like homes must be well documented. (Appraised value minus the mortgage)

 

[AJ2019 58]

NikLR is right. Per USCIS, you need 5x of 125% of the Fed. Poverty Guideline in Assets to either offset or equate the difference in lack of income at the 125% of the FPG. See below:

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-9

3. Assets in Lieu of Income

If the applicant’s household’s annual gross income is less than 125 percent of the most recent FPG (or 100 percent for an alien on active duty, other than active duty for training, in the U.S. armed forces), the applicant may submit evidence of ownership of significant assets. Significant assets may include savings accounts, stocks, bonds, certificates of deposit, real estate, or other assets as described below.^[11]

 

In general, the combined cash value of all the assets (the total value of the assets less any offsetting liabilities) should exceed five times the difference between the alien’s household income and 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) for the alien’s household size, unless the applicant is a spouse or child as provided below.

 

Example: 125 percent of the FPG for 2020 for a household of one is $15,950. If the applicant has no household income, the total household assets must equal at least $79,750 (5 x $15,950).

 

Example: 125 percent of the FPG for 2020 for a household of 4 is $32,750. If the applicant’s household income equals $18,000, the total household assets must equal at least $73,750 (5 x $14,750). $14,750 is the difference between $32,750 and $18,000.

[NikLR 13,227]

If it's a spouse or child it is 3x the income difference but a joint sponsor is 5x. Just wanted to clarify. 

Edited April 30, 2020 by NikLR

[evisajpas20 0]

Thank you guys all for your responses! We are going to give option A a try, will send joint sponsor's 2019 tax return to try to convince USCIS.