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Posted

Hi! We recently applied for AOS through marriage to US citizen (my wife). I just got an RFE for I-485 package. It is for form I-864: Affidavit for support. I am on H-1B and earning more than 125% of the poverty line requirement.

The part 1 of RFE says: "For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the USA."
I did submit my offer letter, last 6 months pay stubs, I-94, except for my H1B approval notice since it was waiting for a decision so I had submitted my H1B receipt notice. Now that I have received my approval notice for H1-B, I am planning to include the same in the response to the RFE along with the above mentioned documents which I already provided.

The part 2 of the RFE says: Based on the documents submitted, we could not determine that the petitioning sponsor, My Wife, and the petitioning sponsor's household member(s) listed on Form I-864, Affidavit of Support, are qualified. In order to be qualified, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the combined income of the petitioning sponsor and the petitioning sponsor's household member(s) meets 125 percent (100 percent if military) of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines.”

In I-864 for 2023 we showed $0 for my wife and included my income as a house hold member being a spouse.

In the tax return section of I-864, Most recent year -2023 – Jointly filed, where my wife’s income was $0, while in the previous 2 years -2022 & 2021, income included was from my wife’s income. Along with all this we did submit the Tax Return Transcript for all the three years. And I do make more than 125% above the federal poverty line in the most recent year and my wife also made 125% above the federal poverty line in the previous 2 years.

Not sure what this RFE is for or how should I respond. Do I need to get a Joint Sponsor?
Any thoughts on this?  Attached is the RFE.
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Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

***Moved to Adjustment of Status From Work, Student, and Tourist Visas****

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

  • 2 weeks later...
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
8 minutes ago, Anon_0110 said:

Quick question related to the RFE, for the PART 2, do I need to submit all the documents again or just latest tax filling documents of mine and co sponsor? Need some help in understanding on how we can respond to this RFE. @Crazy Cat @K1visaHopeful Thanks in advance.

 

The RFE says to submit a complete and signed I-864 and supporting documents.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 hour ago, Anon_0110 said:

Quick question related to the RFE, for the PART 2, do I need to submit all the documents again or just latest tax filling documents of mine and co sponsor? Need some help in understanding on how we can respond to this RFE. @Crazy Cat @K1visaHopeful Thanks in advance.

 

Your timeline is blank.

Your timeline must be filled out to get my help.

 
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