RFE (Form I-485) - I-864

[0410audrey 2]

Hi! My husband and I got an RFE that feels very vague to us, though maybe it's normal. We've never gotten one before.

 

I, the US sponsor, do not meet the income requirements. I know this and that is why my mother is our joint sponsor. She makes much more than enough money to qualify.

 

What I am confused about is that the way it's worded seems to suggest that we did not include the joint sponsor info in our application, but we did and everything was clearly labeled with tabs. The documents they asked for, we already sent in, and more. There shouldn't be any problems. I'm so confused as to what they want because if we just send everything we already sent in again, won't they still be dissatisfied? I don't understand what they feel is missing or lacking. Is it possible to get any more clarification from them on what they received and what they feel is missing or inadequate? Everything listed in the bullet points here was already included in the original application. 😵‍💫

(Edit: she did not include asset info or her husband's income info because her income alone was well above the minimum for her household size. She also included complete tax transcripts instead of her entire tax returns for the last three years, because somewhere they said they preferred those and those are what RapidVisa told me to include, also, instead of the full returns.)

 

I am attaching a few pics: some pics of the labels on our application that clearly shows the joint sponsor info directly after main sponsor info, and pics of the RFE.

Everything listed in the bullet points was included already and the forms were filled out thoroughly and correctly. We checked them many times for accuracy, signatures etc before sending. So stumped as to what they could want.

any advice or ideas would be sooo appreciated!

 

Edited February 13, 2023 by maddie410
Clarification

[K1visaHopeful 2,701]

The 2021 JOINT Return Transcript will show both of their combined income.

Did you provide the joint sponsoring Spouse's W2 (and the joint NON sponsoring Spouse's W2 to differentiate who's income is who's on the joint Return Transcript)?

 

I cannot see any of your photos. 

An upload of your extremely detailed Cover letter your originally submitted with table of contents would be easier. 

 

PS it's never "we sent everything correct the first time".

You didn't. 

Generic RFE proves that.

[0410audrey 2]

3 minutes ago, K1visaHopeful said:

The 2021 JOINT Return Transcript will show both of their combined income.

Did you provide the joint sponsoring Spouse's W2 (and the joint NON sponsoring Spouse's W2 to differentiate who's income is who's on the joint Return Transcript)?

 

I cannot see any of your photos. 

An upload of your extremely detailed Cover letter your originally submitted with table of contents would be easier. 

 

PS it's never "we sent everything correct the first time".

You didn't. 

Generic RFE proves that.

Thanks for your reply. 
Another thing I didn't mention is that my mother is a joint sponsor already for someone else. My brother has a close friend who married a woman from NZ so my mother did this exact process for them also a couple years ago. Same exact thing and she did it the same way this time. (She has one less dependent than she did then due to him aging out a year ago. So the same household size now that my husand will be added. Regardless, with her income, she could have several more dependents and still qualify.)

Why would she have no issues before (they did not get an RFE) but now they are asking for more? Why is it so vague instead of stating what is missing? Eg., we need x document. or, x document is inaccurate. Etc… this is just a vague list which makes it almost seem like they didn't see the joint sponsor info we sent in at all 🤔😳
 

We have included everything listed on each and every of the bullet points except for what I said we didn't include. 🤔

to answer your question: My parents file taxes jointly and so my mother included tax transcripts from the last 3 years that show her income and my father's income. But since he is not a joint sponsor, his income won't be counted and he is considered part of her household. We included her W-2s and her salary info, along with some other evidence of her income. We did not include my father's income or W-2s. She did not do that previously when it was approved, either. I haven't found that recommended anywhere and they are not asking for it in the RFE either, but we can try sending it in too? 🤷🏻‍♀️ 
 

thanks again!

[K1visaHopeful 2,701]

29 minutes ago, maddie410 said:

Thanks for your reply. 
Another thing I didn't mention is that my mother is a joint sponsor already for someone else. My brother has a close friend who married a woman from NZ so my mother did this exact process for them also a couple years ago. Same exact thing and she did it the same way this time. (She has one less dependent than she did then due to him aging out a year ago. So the same household size now that my husand will be added. Regardless, with her income, she could have several more dependents and still qualify.)

Why would she have no issues before (they did not get an RFE) but now they are asking for more?

 

Because you'd never in a zillion years have the same adjudicator looking at this petition as the last one. 

 

29 minutes ago, maddie410 said:

Why is it so vague instead of stating what is missing? Eg., we need x document. or, x document is inaccurate. Etc… this is just a vague list which makes it almost seem like they didn't see the joint sponsor info we sent in at all 🤔😳
 

Because these RFEs are always generic. 

 

29 minutes ago, maddie410 said:

We have included everything listed on each and every of the bullet points except for what I said we didn't include. 🤔

to answer your question: My parents file taxes jointly and so my mother included tax transcripts from the last 3 years that show her income and my father's income. But since he is not a joint sponsor, his income won't be counted and he is considered part of her household.

He is not included in household size. He has his own income. 

Hence why you submit his W2s.

29 minutes ago, maddie410 said:

We included her W-2s and her salary info, along with some other evidence of her income. We did not include my father's income or W-2s. She did not do that previously when it was approved, either. I haven't found that recommended anywhere

I have recommended it hundreds of times.

 

29 minutes ago, maddie410 said:

 

and they are not asking for it in the RFE either, but we can try sending it in too? 🤷🏻‍♀️ 
 

thanks again!

Please fill out your timeline.

I broke the cardinal rule of helping a member without one by answering you. 

[0410audrey 2]

15 hours ago, K1visaHopeful said:

Because you'd never in a zillion years have the same adjudicator looking at this petition as the last one. 

 

Because these RFEs are always generic. 

 

He is not included in household size. He has his own income. 

Hence why you submit his W2s.

I have recommended it hundreds of times.

 

Please fill out your timeline.

I broke the cardinal rule of helping a member without one by answering you. 

Spouses are always included in household size.

From the instructions from the USCIS for filling out the affidavit of support:

“Item Number 3. Type or print “1” if you are married. Type or print “0” if you are not married.”
^^ therefore impossible to be married and NOT add your spouse to household size. See also from the instructions:

“Item Numbers 8. - 22. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.”

my mother has more than enough income without including my father's income, so she did not. The household income she listed is her own income only thus my father's financial information is irrelevant and they don't want it.

 

 

“How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrants.”
 

What we would do if my mother did need to include my father's income:

”If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.”

 

but, again, she does not need to include his income to qualify, so she did not. She also did not need to include any income from other household members, for example her son, or the other LPR she sponsors. They have their own income, too, but as they are not sponsoring my husband, their financial info is not necessary.

 

I had some doubts from your first reply about your credibility (sweeping generalizations, irrelevant comments with questionable motive) and now am certain you will be of no help. No other attempts at “assistance” will be necessary, thanks.
 

If needed we will consult a credible professional, but we are confident that sending in the full tax returns instead of just transcripts is the only thing that could possibly be missing. 
 

This thread can go ahead and be closed! 😄

[K1visaHopeful 2,701]

Seems like you already are very sure that your RFE is not your fault....

Just like the hundreds of others who thought the same and wouldn't listen to advice as offered.

 

You can seek those posts out if you wish and have a wonderful journey!

[Ryan H 3,798]

46 minutes ago, 0410audrey said:

This thread can go ahead and be closed! 😄

 

 

**Thread locked per the above request.**