RFE for I-864??

[2hon 5]

Hi everyone - I received the very generic RFE for i-864 after sending through our AOS application. 

 

It says "Based on the documents submitted, we could not determine that the petitioning sponsor on Form 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 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 petitioning 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. See Form I-864 Instructions for more information."

 

 I am confused as to why I got an RFE but have a few ideas. For clarity sake here, I make $186,000 a year so very confused as to why they are giving me an RFE. 

 

What I gave: 

1. My tax returns for 2022. Note: my income was foreign, so technically on my tax returns show that but redact it from my total income. So my total income on this is $4,000. 

2. My pay stubs for the last 6 months where I get paid $12,000 a month (3 of which are in the US, 3 are from Japan when I was working there)

3. My US employment contract, showing my agreed salary and bonus. 

 

Do you think 1 above was the issue? Perhaps despite 2 and 3 being provided, the income from my previous year was redacted as it was foreign income? 

 

OR the I-864 was filled out improperly. I didn't use Adobe Acrobat and instead just used Chrome to fill out the pdf. Maybe that was the issue? 

 

Either way, they were not specific at all. Perhaps it's safest to have my father (income of $140,000, household size of 3) to be my joint sponsor instead. 

 

Maybe I should make a cover letter, saying that I should qualify with previous documents, but in the case that is not true for whatever reason, to use a new I-864 based on my father's information? 

[Verrou 1,906]

did u file tax for 2020 and 2021 ? 

what's ur adjustment gross income on 2022 tax transcript? can you explain more about "redact"? 

 

in my understanding, ur AGI for 3 years need to be over 125% of poverty guideline

ur current income its not the issue here, might need joint sponsor

 

do you have the copy of ur i-864? only you can check and see whats the problem. cant say much without looking at it IMO

their RFE is always generic like that and not specific. 

 

dont make a cover letter unless you are 100% sure that u qualify WITHOUT joint sponsor. 

 

u only get 1 shot, better make sure you know whats the real issue. 

 

 

 

 

[Redro 4,602]

Foreign income doesn’t count unless you show proof the income continues in the US. 

Because you are going AOS, get your father to be a joint sponsor. USCIS doesn’t want to deal with the complication of overseas income. 

[2hon 5]

I definitely can prove my income continuation in the US (3 months worth of paystubs here, contract here, etc.). 

 

That being said, it seems USCIS could/would get confused by this and the route using my father is more sure. A pain, but better than risking it. 

Would a cover letter hurt anything? 

 

I'd still like to add a cover letter explaining the situation and the previous paper work (which would be on file), and then say that if that is really the issue then my father's attached documents and I-864 should be sufficient. 

 

[Redro 4,602]

12 minutes ago, user78.11 said:

I definitely can prove my income continuation in the US (3 months worth of paystubs here, contract here, etc.). 

 

That being said, it seems USCIS could/would get confused by this and the route using my father is more sure. A pain, but better than risking it. 

Would a cover letter hurt anything? 

 

I'd still like to add a cover letter explaining the situation and the previous paper work (which would be on file), and then say that if that is really the issue then my father's attached documents and I-864 should be sufficient. 

 

It is easier to just use your father. 
USCIS doesn’t want to deal with the complication of foreign income (even if it continues in the US).

If you don’t mind the possibility of a denial and the need to refile. You can 

1.) Write a cover letter explaining the situation 

2.) Include a letter from your company explaining the job in the US is a continuation of the job in Japan. 
And hope USCIS understands that even though you didn’t make enough in the proceeding years (because on paper you didn’t). They decide to accept the I864. 
 

ETA: Whatever happens I would resubmit a new I864 for you and another one for your father (if you decide to use him as a joint sponsor).

Edited December 28, 2023 by Redro