I-864 RFE

[Mike E 11,727]

1 hour ago, Palawan said:

Nope, I was bass fishing about 4 days per week, and drinking at night, Good times.

 

I had taken a break from work, didn't work for about 5 years, I was in my late 30's, it was an awesome experience.

 

I had flipped a couple of houses during that and made some cash, but never counted that as income or to show as work. I had cash saved to be able to take off .

 

Did you declare cash assets on I-864?

[Palawan 130]

On 8/4/2022 at 8:07 AM, Mike E said:

Did you declare cash assets on I-864?

No, I don't want the USCIS to be aware of any of my bank accounts, nor did I want to have to show my taxes to them.

[Snirgeu 10]

14 hours ago, Villanelle said:

Gotcha. 

 

You submitted your AOS package July 2022, just a few weeks ago correct? This means theres no way an Officer looked at it and determined you don't qualify. You are getting stopped at the door by the 'gatekeepers' so to speak. 

 

So first,  go through your 864 with a fine tooth comb ensuring it is filled out correctly. Every line. Signature, dates, boxes checked, etc. If it's all good then the only reason I could see for it being rejected is the fact that the appraisal you sent is 90+ days old. Might be too outdated. Current usually means 30 days, maybe 60. 90+ might be too old.

 

You can send an updated appraisal or additional evidence like a realtors appraisal, zillow listing, etc but as stated you only get one shot to satisfy the RFE. If you choose to attempt assets only and it's rejected you will have to file again and pay the fees again and ensure you have a w2 based job or sponsor the second time around. 

 

 

I submitted my AOS package not too long ago, but my I130 has already been approved. Presumably, the heavy lifting of proving the legitimacy of the marriage has already taken place and the more technical in nature docs like 485, 864 etc. will be pretty quick? Just my hunch.

 

As for my RFE - I submitted an affidavit of support with tax return transcript for 2021, house appraisal from May 2022, remaining balance on mortgage for June, all showing the equity in the home, even writing down in the cover letter what the equity is after deducting the loan amount. I am really at a loss here.

 

A side question - and I have looked in the forum for an answer for this but have seen conflicting answers - will the 765 be held up until resolution of the 485 RFE?

[Family 3,558]

1 hour ago, Snirgeu said:

submitted my AOS package not too long ago, but my I130 has already been approved. Presumably, the heavy lifting of proving the legitimacy of the marriage has already taken place and the more technical in nature docs like 485, 864 etc. will be pretty quick? Just my hunch.

 

As for my RFE - I submitted an affidavit of support with tax return transcript for 2021, house appraisal from May 2022, remaining balance on mortgage for June, all showing the equity in the home, even writing down in the cover letter what the equity is after deducting the loan amount. I am really at a loss here.

 

A side question - and I have looked in the forum for an answer for this but have seen conflicting answers - will the 765 be held up until resolution of the 485 RFE?

The I-765 will be at standstill til RFE is resolved.

You presented a clear qualifying asset and are now getting the “ resistance “ that makes people say liquid assets “ preferred “.  So you either respond with reasserting your assets Qualify and RFE issued in Error along with USCIS policy print out …OR give in and get Joint Sponsor. 
@Palawan is a model example of overcoming “ resistance “ .

[Snirgeu 10]

12 minutes ago, Family said:

The I-765 will be at standstill til RFE is resolved.

You presented a clear qualifying asset and are now getting the “ resistance “ that makes people say liquid assets “ preferred “.  So you either respond with reasserting your assets Qualify and RFE issued in Error along with USCIS policy print out …OR give in and get Joint Sponsor. 
@Palawan is a model example of overcoming “ resistance “ .

I can resubmit but it really was clear as day that we are using the home only as it was written in the cover letter, included an appraisal, mortgage balance, and the current individual income was 0. 

 

And as mentioned, if the RFE is denied then I have to resubmit and pay the fees again, so it may just be easier to get a joint...

[Family 3,558]

2 minutes ago, Snirgeu said:

can resubmit but it really was clear as day that we are using the home only as it was written in the cover letter, included an appraisal, mortgage balance, and the current individual income was 0. 

 

And as mentioned, if the RFE is denied then I have to resubmit and pay the fees again, so it may just be easier to get a joint...

I do understand your fears and am aware you are DIY ing on the internet so make a decision that you can sleep with. 
As an aside , they won’t get deny for  responding w RFE issued in error and policy print as it would prevail on I-290 B

[arken 4,197]

8 minutes ago, Snirgeu said:

I can resubmit but it really was clear as day that we are using the home only as it was written in the cover letter, included an appraisal, mortgage balance, and the current individual income was 0. 

 

And as mentioned, if the RFE is denied then I have to resubmit and pay the fees again, so it may just be easier to get a joint...

Is the net value of the house (appraisal -loan) substantially higher than 3x the poverty threshold for your household size? If it's marginally higher they may not accept it considering the financial hardship upon sale of the house and there are taxes and fees associated with the sale.

[Snirgeu 10]

3 minutes ago, arken said:

Is the net value of the house (appraisal -loan) substantially higher than 3x the poverty threshold for your household size? If it's marginally higher they may not accept it considering the financial hardship upon sale of the house and there are taxes and fees associated with the sale.

It is about 30k over the 125%*3 (income requirement, which in our case is the difference between the income and the requirement as the income is 0 multiplied by 3). That alone is more than 125% for a household of 3, had we used income.

[Villanelle 4,121]

^^^this

 

Did you include all of the stuff outlined above? Deed, property taxes, etc? The payoff quote from the mortgage vs recent bill perhaps.  Also you have owned the property for <1 yr correct? 

 

Again I believe you are getting stopped by the gatekeepers at initial review which means an error on the 864 or in the documentation. I understand you sent a cover letter of explanation but that doesn't override errors or missing documentation. 

 

So let's go through it again in painstaking detail.

 

Did you include the deed? Shows your exact name, has the proper stamp, etc

 

Mortgage payoff quote. Not recent bill as they typically say this is your balance due and not a payoff figure somewhere in small print. 

 

Current appraisal.  Id have to dig around in the regulations to see if theres a time-frame for how many days is current. Im inclined to say 30-60, but I know appraisals aren't cheap and it would be a shame to pay for an updated one and still be rejected.

 

Property tax statement or assessment 

 

Realtor appraisal- this is comps, real estate market analysts etc. Realtors provide this at no cost but with the intention of trying to solicit you as a client. People also use zillow for this.

 

Now it's not 100% clear the error lies in your documentation of assets. As you said the RFE states they can't determine if you qualify not that they reviewed it and are dissatisfied. 

 

For your income and prior tax returns what did you enter? You don't need to give us your correct numbers for privacy, make up numbers. Ex- mortgage is 100k. Appraisal is 250k. Entered 150k as assets. Tax return shows what on income line? I understand it was foreign income and doesn't count but sometimes it will get bounced for mismatching- ie tax return says 30k but you know it won't count so entered 0. Computer will detect the mismatch as an error and reject it.

 

The more information you can provide line by line of what your 864 shows along with a list of the exact documentation sent the easier it will be to help determine where the issue is. You can also get a consult with a local attorney who can review your documents.

[Snirgeu 10]

5 minutes ago, Villanelle said:

^^^this

 

Did you include all of the stuff outlined above? Deed, property taxes, etc? The payoff quote from the mortgage vs recent bill perhaps.  Also you have owned the property for <1 yr correct? 

 

Again I believe you are getting stopped by the gatekeepers at initial review which means an error on the 864 or in the documentation. I understand you sent a cover letter of explanation but that doesn't override errors or missing documentation. 

 

So let's go through it again in painstaking detail.

 

Did you include the deed? Shows your exact name, has the proper stamp, etc

 

Mortgage payoff quote. Not recent bill as they typically say this is your balance due and not a payoff figure somewhere in small print. 

 

Current appraisal.  Id have to dig around in the regulations to see if theres a time-frame for how many days is current. Im inclined to say 30-60, but I know appraisals aren't cheap and it would be a shame to pay for an updated one and still be rejected.

 

Property tax statement or assessment 

 

Realtor appraisal- this is comps, real estate market analysts etc. Realtors provide this at no cost but with the intention of trying to solicit you as a client. People also use zillow for this.

 

Now it's not 100% clear the error lies in your documentation of assets. As you said the RFE states they can't determine if you qualify not that they reviewed it and are dissatisfied. 

 

For your income and prior tax returns what did you enter? You don't need to give us your correct numbers for privacy, make up numbers. Ex- mortgage is 100k. Appraisal is 250k. Entered 150k as assets. Tax return shows what on income line? I understand it was foreign income and doesn't count but sometimes it will get bounced for mismatching- ie tax return says 30k but you know it won't count so entered 0. Computer will detect the mismatch as an error and reject it.

 

The more information you can provide line by line of what your 864 shows along with a list of the exact documentation sent the easier it will be to help determine where the issue is. You can also get a consult with a local attorney who can review your documents.

Thanks, once more, for your detailed reply.

 

We have owned it for less than a year. We recently  (March 2022) moved back to the US from abroad. We owned a home abroad, which we sold. We purchased a home here using the proceeds from the sale. 

 

Included the deed, mortgage statement, remaining balance on the mortgage, and the appraisal which was used by the lender for closing.

 

I did not use realtor appraisals as it was included in the licensed appraiser's appraisal. Property tax assessment was not provided as I received it following the submission.

 

As for income, I included the total income line from my tax returns for 2021, 2020, and 2019. My current individual annual income I put down 0 as I have been unemployed since March 2021.

 

 

[Villanelle 4,121]

Ok then the >1 year ownership could be the issue. In general you need to demonstrate ownership of the asset(s). This generally means showing 1 year or more OR a trail of documentation. This is to prevent people from 'borrowing' large sums of money or property and then transferring it back afterward. 

 

If you are going to attempt using assets only again I would suggest to include additional documentation as to where the funds came from for the purchase. (Sales contract from previous residence). How long did you own that residence for and how did you initially pay for it? I mean if you can show documentation you used your own savings 5 years ago for the purchase overseas at 50k and ultimately sold it in 2022 for 250k giving you 200k in proceeds (which would be reflected 2022 taxes in some capacity), and then purchased a new home stateside for 350k with 200k down- then that might be enough to demonstrate where this 200k came from and that its yours.

 

Showing 1+ year of ownership of the asset in question is mandatory but it's not exclusive meaning less than 1 year is ok if you can show enough documentation establishing ownership. I mean if I won the 1 billion powerball lottery I would fill out the 864 showing such. I wouldn't have to wait 1 year. If you received an inheritance, its ok for it to be in your hand less than a year because you show where it came from. Transferring your equity from one property to another doesn’t mean the 1 year starts over if you can show possession of the equity historically for 1 yr or more.

[arken 4,197]

2 hours ago, Snirgeu said:

It is about 30k over the 125%*3 (income requirement, which in our case is the difference between the income and the requirement as the income is 0 multiplied by 3).
 

That's the problem. It's only 30K over the 3x the threshold, so it's marginally above. Imagine you selling the house now, you could end up with the cash may be 10k below 3x with agent fee/commission , tax n everything. While you don't need to shows such breakdowns, everything will be judged by the reviewing officer.
 

In simple terms it goes back to that i864 requirement where it says you can use primary home or such only if it doesn't put you in severe financial distress upon sale. 

 

2 hours ago, Snirgeu said:

 

That alone is more than 125% for a household of 3, had we used income.

You can't compare that with the income. Income repeats weekly or biweekly or monthly, you replenish them after use with your new income. Assets are gone for ever once you use them for expense.

[Family 3,558]

Delving into the reasons for this generic template RFE is giving way to much credit. No analysis refuting asset amount or source was listed in the RFE, just the usual “ push back” that is routinely overcome with response. 

 

[Snirgeu 10]

6 minutes ago, arken said:

That's the problem. It's only 30K over the 3x the threshold, so it's marginally above. Imagine you selling the house now, you could end up with the cash may be 10k below 3x with agent fee/commission , tax n everything. While you don't need to shows such breakdowns, everything will be judged by the reviewing officer.
 

In simple terms it goes back to that i864 requirement where it says you can use primary home or such only if it doesn't put you in severe financial distress upon sale. 

 

You can't compare that with the income. Income repeats weekly or biweekly or monthly, you replenish them after use with your new income. Assets are gone for ever once you use them for expense.

That's very speculative, no? 

 

I could also sell above asking, which still happens here, even during these last couple of months where there's been a slowdown in the real estate market... 

 

Hypotheticals shouldn't deny an i864 imo

[arken 4,197]

9 minutes ago, Snirgeu said:

That's very speculative, no? 

 

I could also sell above asking, which still happens here, even during these last couple of months where there's been a slowdown in the real estate market... 

 

Hypotheticals shouldn't deny an i864 imo

I was simply trying to help on why it was rejected or it could still be rejected if you simply send it back the same way.
 

3x the threshold is the minimum required. You have around 4x that doesn't mean you are absolutely qualified as it's marginally above. COs or IOs look at the totality of circumstances.

 

For people going with income only, they could have 130% of the threshold but could still be asked to get a joint sponsor or if not get rejected.

Edited August 4, 2022 by arken