RFE for I-864: Confused about what's wrong

[Californiansunset 332]

Hello,

 

I helped a friend file her AOS papers adjusting from a Student Visa (F1). She received an RFE for their I-864 and we are struggling to figure out A) what was wrong and B) have questions on how to respond. I attached the RFE. Any help/insight is greatly appreciated! 

 

About the situation:

- Petitioner (US Citizen) is a military veteran looking for a job. He receives 26k/year for disability. Since these are tax-exempt, they do not show on his tax return. So we had to put a reported annual federal income of just $5k down, that showed on his tax returns (previous years are similar). Because of this considerable discrepancy, we added a letter of explanation that talked about where his money is coming from and why it is not showing on his tax returns

- Beneficiary (Immigrant) is on OPT and makes $44k a year, so also well above the 125% poverty guidelines. 

 

These are the documents we provided:

• Letter of Explanation for I-864

• Copy of U.S citizen birth certificate

• Transcript of federal income tax return of most recent year

• Petitioner VA Letter of disability

• Petitioner Copy of GI bill pay stubs from the past year

• DD-214

• Past 12 months of Bank Statements from the Account that receives the Direct Deposits

• VA ID Card

• Beneficiary employment letter 

• Beneficiary Copy of most recent pay stubs

 

Now they received an RFE and we are not sure what is wrong. We did notice that we forgot to enter a sum in Part 6.

 

Do they want them to get a sponsor? Or is just the sum that is missing and that is what the RFE is for? 

 

Thank you!

 

 

[mytruelove18 607]

9 hours ago, Californiansunset said:

Hello,

 

I helped a friend file her AOS papers adjusting from a Student Visa (F1). She received an RFE for their I-864 and we are struggling to figure out A) what was wrong and B) have questions on how to respond. I attached the RFE. Any help/insight is greatly appreciated! 

 

About the situation:

- Petitioner (US Citizen) is a military veteran looking for a job. He receives 26k/year for disability. Since these are tax-exempt, they do not show on his tax return. So we had to put a reported annual federal income of just $5k down, that showed on his tax returns (previous years are similar). Because of this considerable discrepancy, we added a letter of explanation that talked about where his money is coming from and why it is not showing on his tax returns

- Beneficiary (Immigrant) is on OPT and makes $44k a year, so also well above the 125% poverty guidelines. 

 

These are the documents we provided:

• Letter of Explanation for I-864

• Copy of U.S citizen birth certificate

• Transcript of federal income tax return of most recent year

• Petitioner VA Letter of disability

• Petitioner Copy of GI bill pay stubs from the past year

• DD-214

• Past 12 months of Bank Statements from the Account that receives the Direct Deposits

• VA ID Card

• Beneficiary employment letter 

• Beneficiary Copy of most recent pay stubs

 

Now they received an RFE and we are not sure what is wrong. We did notice that we forgot to enter a sum in Part 6.

 

Do they want them to get a sponsor? Or is just the sum that is missing and that is what the RFE is for? 

 

Thank you!

 

 

Just send a new i-864 with the missing sum onbpart 6 and sll documents from the petitioner. You dont need send documentsof the beneficiary. Beneficiary doesnt count as sponsor. That may confuse them thinking you are sending documrnts of a joint sponsor

[Californiansunset 332]

4 hours ago, mytruelove18 said:

Just send a new i-864 with the missing sum onbpart 6 and sll documents from the petitioner. You dont need send documentsof the beneficiary. Beneficiary doesnt count as sponsor. That may confuse them thinking you are sending documrnts of a joint sponsor

I was wondering that too but then why are they even asking for that in part 6 No. 8?

 

Do you really think it's just the sum that made them send the RFE requesting a sponsor? From the other RFEs for I-864 that I saw here on VJ who were just missing supporting documents or missed a field, they never asked for a sponsor in the RFE. I wonder whether USCIS thinks that his VA Disability is too close to the poverty guidelines. $24,650 poverty guideline vs $28k in VA Disability (sorry, I wrote 26k before, it is $28k). 

 

If we respond to the RFE and it is wrong again, are we risking a NOID?

[Californiansunset 332]

4 hours ago, mytruelove18 said:

Just send a new i-864 with the missing sum onbpart 6 and sll documents from the petitioner. You dont need send documentsof the beneficiary. Beneficiary doesnt count as sponsor. That may confuse them thinking you are sending documrnts of a joint sponsor

Actually I just googled it again and found this regarding the use of the intending immigrants income:
Use of Intending Immigrant’s Income. If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

 

So, this makes me think whether the RFE is simply just for the missing sum in the box?! But then why are they asking for a sponsor?!

Edited August 5, 2023 by Californiansunset

[OldUser 4,879]

6 hours ago, Californiansunset said:

So, this makes me think whether the RFE is simply just for the missing sum in the box?! But then why are they asking for a sponsor?!

Path of least resistance is joint sponsor. If you don't get it right your case may get denied and you'll have to start over.

Edited August 6, 2023 by OldUser

[Californiansunset 332]

On 8/5/2023 at 5:24 PM, OldUser said:

Path of least resistance is joint sponsor. If you don't get it right your case may get denied and you'll have to start over.

Yes, that’s what they’re doing right now, just to be safe.
 

The US citizen parents will both be sponsors.