RFE for Joint Sponsor I-864 (Affidavit of Support)

[adzgem 4]

Good afternoon, all, 

 

I have recently submitted my AOS documents (April 3rd) and had my biometrics done on May 1st. Still waiting on my EAD. While waiting, today I received an RFE for the form I-864 of my Joint sponsor.

 

I need some help understanding both what has gone wrong with his paperwork and what is the best way to move forward. I have attached the RFE (with redacted sensitive info) and the initial I-864 submission for my joint sponsor. Here are the key points:

 

• I am the beneficiary, and my wife is the petitioner. She has not found work yet, so we need a Joint sponsor
• Her distant relative was okay with being our joint sponsor (we are currently living with him). 
• We have 2 kids, so we are a family of 4

 

 

The joint sponsor

• lives with his wife and 26-year-old daughter
• has sponsored someone else 1.5 years ago and is still responsible for them 
• has a current income (combined employment and self-employed) of approximately 400k per year 
• In 2024 had a negative total income of (-56k) due to business depreciations of some sort. 

 

 

My questions are as follows:

1. Could the RFE be due to having a negative total income in 2024? Despite having an overall positive income in 2025 (even though he didn't submit 2025 taxes as they were at the time not due. 
2. To combat this, does adding his assets help? Such as his home, which he has a mortgage for and is close to paying off?
3. Is there anything else from the document that seems to have been incorrectly written? Specifically, the household size, the number of years for tax returns, and the physical document of tax returns he submitted as evidence (which is the Tax Returns transcript)
4. He is a U.S citizen, and he also only submitted a passport copy as proof of Citizenship. I am assuming this is enough.
5. Furthermore, would it help to provide pay stubs for the last 6 months?
6. Also, which years of taxes should he be providing? In case he submitted the incorrect ones. 
7. If I get this RFE response incorrect, would they send me another RFE, or would it be a straight denial? I am considering using a different Joint sponsor in that case; however, if the assets will cover the negative, then I prefer not to change the sponsor. 
8. Is it better to submit the RFE online to my USCIS account or by post? 

 

 

Would really appreciate any help or clarification. Thank you!

 

 

[Crazy Cat 43,592]

 Please post a copy of the RFE (redacted).  

Did you send proof of his current income?  

Edited Tuesday at 11:52 AM by Crazy Cat

[adzgem 4]

1 hour ago, Crazy Cat said:

 Please post a copy of the RFE (redacted).  

Did you send proof of his current income?  

I have posted the RFE

 

what do you mean by proof of current income? I did not, the tax returns were the only things we sent

 

[Crazy Cat 43,592]

1 hour ago, adzgem said:

I have posted the RFE

 

what do you mean by proof of current income? I did not, the tax returns were the only things we sent

 

OK.  Thanks.  I see why they can't decide if the joint sponsor is qualified.  Current income is what is used to support a new immigrant....not what was reported to the IRS in previous years.  You included nothing to prove that annual income of $405,000. In addition, his I-864 shows negative income for 2024, the most recent tax year.  Current income can be shown by using recent pay stubs or a salary statement from the employer.  Using his home as assets would be very problematic.  I would not try that. 

 

You might be better off getting a new joint sponsor....one with clearly documented sufficient annual income. You get one shot with this RFE.  If your response is not sufficient, you could get a swift denial.

 

@Dashinka @OldUser @appleblossom  What say you?

 

 

Edited Tuesday at 02:26 PM by Crazy Cat

[Edward and Jaycel 1,410]

Lack of proof of current income is likely the culprit here - Current income is king as @Crazy Cat stated above especially with the negative total income from the most recent tax year. Also I want to emphasize what was said above - You get only one shot at the RFE response. If proof of current income is not available, getting a different joint sponsor will likely be your only option for a response.

[Dashinka 25,437]

I tend to agree.  With the negative for 2024 tax year, there needs to be solid evidence of the current income.

 

Good Luck!

[adzgem 4]

1 minute ago, Edward and Jaycel said:

Lack of proof of current income is likely the culprit here - Current income is king as @Crazy Cat stated above especially with the negative total income from the most recent tax year. Also I want to emphasize what was said above - You get only one shot at the RFE response. If proof of current income is not available, getting a different joint sponsor will likely be your only option for a response.

Thanks @Crazy Cat, yes indeed. I realised now that no current income proof was submitted. He’s able to provide the last 6 months pay stubs (would this be enough for current income proof), would getting a letter from his employer help? 

also as @Crazy Cat stated, would the house as an asset complicate things or would it assist. I don’t want to make this more complicated than it needs to be if the last 6 months pay is enough. 

[Crazy Cat 43,592]

1 minute ago, adzgem said:

also as @Crazy Cat stated, would the house as an asset complicate things or would it assist.

Assets must be liquid.  Using a home he currently lives in would be questionable, imho.

[Edward and Jaycel 1,410]

Six months of paystubs and a letter from the employer will be good evidence of current income - Likely that USCIS will not accept the house as an asset as they prefer assets you can quickly liquidate (Cash in a bank account, stocks, precious metals, etc.) It will only complicate things. Using assets to get qualified on the I-864 is a giant uphill battle best not fought if current income is provable.

Edited Tuesday at 02:55 PM by Edward and Jaycel

[adzgem 4]

Okay thank you guys for all the responses. 
 

I think I will have to find a different sponsor, he can provide 6 months stubs but not a letter from the employer as he said it will take some time. 
 

with the new sponsor should I include 6 months pay  stubs too?

 

and finally should I respond by mail or through the online portal?

[Crazy Cat 43,592]

4 minutes ago, adzgem said:

with the new sponsor should I include 6 months pay  stubs too?

 

and finally should I respond by mail or through the online portal?

1.  You need to show evidence of current annual income.  

Current annual income can be calculated by using gross income from latest paystub multiplied by the number of pay periods per years.

 

2.  Looks like they gave you both options.  I would upload the response with a cover letter.  That way, you don't have to worry about delivery or mishandling.

Edited Tuesday at 03:12 PM by Crazy Cat

[Edward and Jaycel 1,410]

1 minute ago, adzgem said:

Okay thank you guys for all the responses. 
 

I think I will have to find a different sponsor, he can provide 6 months stubs but not a letter from the employer as he said it will take some time. 
 

with the new sponsor should I include 6 months pay  stubs too?

 

and finally should I respond by mail or through the online portal?

 

Yes proof of current income should be included with any sponsor. You can respond through the portal if the RFE states that you can. A friend of mine got an RFE and it said this on it:

 

You must either mail the requested information to the address shown below or scan and upload your response using your USCIS online account (if applicable).

[adzgem 4]

Thank you all, I will likely upload to the portal as it says I can do that on the letter. 
 

quick question, if I’m not able to get another sponsor. Would 6 months pay stubs be enough as current employment and a cover letter explaining why the last year tax return was negative. 
 

only asking as it will be hard and timely to get another sponsor. But I will do it if the 6 month pay stubs alone are not good enough as proof of current income. 

[Crazy Cat 43,592]

3 minutes ago, adzgem said:

Would 6 months pay stubs be enough as current employment and a cover letter explaining why the last year tax return was negative. 

Why was that year's income negative?  If he is self employed, that adds another layer of evidence.

[adzgem 4]

9 minutes ago, Crazy Cat said:

Why was that year's income negative?  If he is self employed, that adds another layer of evidence.

He is also self employed along side being full time employed.  “that total income for 2024 in Part 6, Item 16.a appears negative
due to a one time business depreciation expense for the company that I own and run in addition to, and separate from, my employment”

 

he makes close to 300k each year from his employment alone, which is absurd to me, but he’s doing well for himself. Which is why I’m shying away from using someone else. 
 

Edited Tuesday at 03:37 PM by adzgem