RFE (AOS) ⚠️

[Echo_Jay 1]

Hi Guys, I need your help on what to respond with. I received a yellow RFE around April 24th 2020, it states that:

Quote

"Based on the documents submitted, we could not determine that the petitioning sponsor on I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125% of the Federal Poverty Guidelines. If the petitioning sponsor's income does not meet 125% of the Federal Poverty Guidelines for the Household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets"

My initial Household was just "2" for me and my wife. and my income alone clearly meets the 125% Federal Poverty Guidelines for Hawaii. Why would they say that they could not determine? my income? or i just probably forget to sign it? but i doubled/tripled check before sending out the documents. I kind of doubted and thought that it's maybe because i filed the AOS and sent it just before (March 31st 2020) the expiration of the old I-864) , and that they haven't really got to take a look at it until early April, which is past the expiration date, based on the "Online Status Update"  because of all the policy changes that's happening to USCIS and Covid-19.

 

Im about to send them "my reply", which includes a newly updated I-864 expiration date (October 31, 2021) with a total of "4" household size this time, which i included my mother and father this time since they live in the same household as ours. I also added forms I-864A for both of them and added all their income to mines which "over exceeds the Federal Poverty Guidelines for 4 Household Size". But I'm worried that USCIS might reject our AOS petition because suddenly i have 4 in the household size when in prior i only sent 2 as my household size.. what shoud i do? write them a letter stating that even my income alone can hold for the 2 household size?

[Lucky2Lucky 2,526]

Did you submit all supporting documents? Tax returns for past 3 years and pay stubs for last 6 months? Look over your copy and double check you completed it correctly as well as signed it.

[Ayrton 965]

3 hours ago, Echo_Jay said:

Hi Guys, I need your help on what to respond with. I received a yellow RFE around April 24th 2020, it states that:

My initial Household was just "2" for me and my wife. and my income alone clearly meets the 125% Federal Poverty Guidelines for Hawaii. Why would they say that they could not determine? my income? or i just probably forget to sign it? but i doubled/tripled check before sending out the documents. I kind of doubted and thought that it's maybe because i filed the AOS and sent it just before (March 31st 2020) the expiration of the old I-864) , and that they haven't really got to take a look at it until early April, which is past the expiration date, based on the "Online Status Update"  because of all the policy changes that's happening to USCIS and Covid-19.

 

Im about to send them "my reply", which includes a newly updated I-864 expiration date (October 31, 2021) with a total of "4" household size this time, which i included my mother and father this time since they live in the same household as ours. I also added forms I-864A for both of them and added all their income to mines which "over exceeds the Federal Poverty Guidelines for 4 Household Size". But I'm worried that USCIS might reject our AOS petition because suddenly i have 4 in the household size when in prior i only sent 2 as my household size.. what shoud i do? write them a letter stating that even my income alone can hold for the 2 household size?

You either didn't fill out the form correctly, or your didn't send the right documents to prove your income or the required tax documents. 

 

List exactly what you sent so we can troubleshoot your RFE and tell you what you did wrong.

 

Read the instruction for form 864 about the household size. Living in the same house as you doesn't necessarily mean they are included in your household.

[Ayrton 965]

3 hours ago, Luckycuds said:

Did you submit all supporting documents? Tax returns for past 3 years and pay stubs for last 6 months? Look over your copy and double check you completed it correctly as well as signed it.

3 years of tax return is not a requirement. Only the latest one.

 

Pay stubs are also not a requirement, but it does help to prove current income. I only sent 3 months, no RFE.

Edited May 20, 2020 by Ayrton

[Joyoussinger 1,410]

I believe it may be possible for you to keep your household size at two. If your parents are not depending on you for support, you are technically just living in the house as two different households.