RFE for I-485 assets-only sponsor: "could not determine that the petitioning sponsor on Form I-864 is qualified"

[Josh N 3]

Hi all,

 

Looking for any advice on how best to proceed with our RFE - thank you in advance!

 

Context

I’m a UK citizen and was admitted to the US on a K-1 visa. I married my US citizen fiancée (named on the I-129F) within the 90-day window.

We used Boundless Immigration for the K-1, but they caused delays by sending a package with a missing page, so we filed the AoS (I-485 + I-765) ourselves.

I didn’t use a lawyer because our application seemed mostly straightforward, and the main complexity now is our I-864: my wife (the petitioner) is currently unemployed and we’re sponsoring based on her cash assets only.

 

Timeline

2025

21 March - Arrival in US (I-94 valid until 18 June)

6 June - Married*

9 June - sent I-485 and I-765 concurrent filing via UPS

17 June - received I-797C Rejection Notice**, and USCIS returned the full original application package

25 June - sent corrected I-485 and I-765 concurrent filing package via UPS

27 June - Received Date for I-485 and I-785

1 July - Notice Date for I-797C Receipts (I-485 and I-785)

3 July - Notice Date for USCIS Account Access Notice

4 July - Notice Date for Biometrics Appointment Notice

15 July - Date of RFE for I-485 (see pages from RFE below)

 

* I know that a lot of advice suggests not leaving it so late in the 90-day period to get married. We are in a bona fide relationship and had genuine reasons. I'm mentioning this because I know it may seem odd, but ultimately is legal within the K1 process.

 

** This was due to my error. I submitted the I-485 with a previous edition date. Totally my fault, I had been going by the "Expires" date in the top right when doing final checks before sending, but as I know now this does not mean the Form is valid. For anyone reading this, ALWAYS check the "Edition" date in the bottom left matches the latest published edition on the USCIS website.

 

 

Summary of the RFE

 

Quote

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.

 

To me, this looks like a generic response, and it is not clear what was insufficient e.g. the form itself, income/asset amounts, or the supporting documentation.

Full text of RFE attached.

 

Summary of our case

 

• Household size of 2, therefore poverty threshold is 3x $26,437 = $79,311
• USC spouse has been on a career break while traveling Europe, so unemployed for 12+months
• Sponsorship is based on assets, with our I-864 including:
  • Small income (<$10k, mostly interest + small ad hoc work)
  • $100k–$200k in sponsor's assets (CD + savings, 12-month history included)

 

We explained the small income estimate in Part 11 "Additional Information" and provided bank statements showing movement of funds between the CD and savings.

 

Contents of submitted package

 

I-485 & I-765

• All required forms and ID docs
• I-693 (sealed), marriage cert, I-94, etc.
• Bona fide marriage evidence (lease, insurance, texts, etc.)

 

I-864

• Form + additional information on continuation sheets
• 3 years of IRS transcripts (2022–2024)
• Bank statements (12 months for both CD and savings)
• Sponsor’s birth certificate
• Applicant passport & visa copies
• My (immigrant’s) UK company stock ownership, evidence of liquidation being undertaken this year, information about value of stocks after liquidation, info from received dividends, foreign exchange transactions of cash - all submitted to explain Part 7 (Assets of Principal Immigrant)

 

Potential issues

 

I'd hazard a guess at any of the following being issues:

• Documentation for the transfer from CD to savings within prior 12 months may be unclear?
• Income being an estimate of interest for this year based on last year's history might have caused confusion
• Sponsor’s current unemployment status
• Inclusion of my (immigrant) assets may have added complexity

 

Next steps

 

If it seems like the issue is just administrative, perhaps we should simplify and refile a cleaner I-864, only including:

• The sponsor’s bank statements showing >$80k in assets
• Birth certificate for proof of citizenship
• Possibly remove all income references and my (immigrant’s) assets

 

If the issue is unclear or it seems like a more material issue, we could:

• Try to get a joint sponsor
• Try to show new income from my wife if she takes a job now, although unsure if USCIS accepts new employment in an RFE response with less than 12 months work history/pay stubs etc
• Get a lawyer (only haven't done so because of cost)

 

Questions

 

1. Does this sound more like a documentation/admin issue, or a genuine eligibility problem?
2. Would a simplified I-864 (assets only) that exceeds the asset threshold make the case clearer?
3. Anyone with similar RFE experience for I-864 using assets only?

 

Thank you!

[OldUser 9,944]

Assets are routinely ignored. If you can find a qualifying joint sponsor, it would help overcoming RFE.

[Crazy Cat 44,502]

9 hours ago, Josh N said:

Does this sound more like a documentation/admin issue, or a genuine eligibility problem?

It's a problem, imo.  You need to make the decision easy for USCIS.  They clearly don't like what you sent as supporting documentation for the I-864.  The path of least resistance, imo, is to find a well-qualified joint sponsor to submit an I-864 and solid supporting evidence.  You won't get another chance.   I agree with @OldUser.

[smilingstone 608]

Agreeing with other posts here. If you try and push through with personal assets, there's a very high risk of them denying you again. 

[WeekendPizzaiolo 118]

16 hours ago, Josh N said:

• Household size of 2, therefore poverty threshold is 3x $26,437 = $79,311

 

In theory you are correct, it's 3x for sponsor a spouse or 5x otherwise as per USCIS instructions. However, in practice, as others have mentioned, people are rarely successful fulfilling the income requirement with assets. $100K-$200K is on the borderline given your household size. People very far from the borderline with millions in US-based liquid assets get RFEs when using assets to demonstrate income. A joint sponsor who is duly employed with the required income will simplify matters significantly.

 

 

 

 

[Josh N 3]

Thanks all very much for the advice! Really appreciate the outside perspectives.

We have a friend in mind that we are considering to ask and will take it from there.

 

My understanding is that the downside of someone agreeing to be a joint sponsor are:

• Liability lasts until the immigrant becomes a US citizen, is credited with 40 quarters of work (10 years), dies, or permanently leaves the U.S
• They will need to share sensitive records (i.e. 3 years of federal tax transcripts; copy of birth certificate)
• Can be sued be government agencies to recover costs if the immigrant takes means-tested benefits they are ineligible for
• Can be sued by the immigrant for financial support if the immigrant’s income falls below 125% of the Federal Poverty Guidelines each year

But these can be mitigated somewhat because:

• Immigrant through marriage is eligible for naturalization on 3rd anniversary of receiving green card, which is my intended route
• Sponsor's liability ends when immigrant naturalizes
• Sponsor and immigrant can agree to an arrangement between them to give comfort to the sponsor of their ongoing circumstances, finances, intentions, expectations etc.
• The liability can be enforced against both/either my spouse as sponsor and/or the joint sponsor

 

Grateful to know if I am wrong on any of those points.

Just had my biometrics appointment for I-485/I-764 today, so another step done!  

[WeekendPizzaiolo 118]

2 hours ago, Josh N said:

• Liability lasts until the immigrant becomes a US citizen, is credited with 40 quarters of work (10 years), dies, or permanently leaves the U.S

That's right. Bear in mind that any sponsor (including the US citizen spouse or their joint sponsor) who moves must file a Sponsor Change of Address (I-865 form) by mail (postmark and preferably certified with return receipt if possible) within 30 days of their move until they are released from their responsibilities as a sponsor. For anyone who is willing to take on the liabilities of a joint sponsor, they are probably in regular contact enough to tell you of their moves. The noncitizen spouse must file an Alien's Change of Address (AR-11) within 10 days of moving until they naturalize. The AR-11 is a much tighter deadline but unlike the I-865, it can be filed online.

 

2 hours ago, Josh N said:

• Immigrant through marriage is eligible for naturalization on 3rd anniversary of receiving green card, which is my intended route

Yes. Caveat: they are eligible provided that they meet the other eligibility requirements (e.g. physical presence requirement, 3 months of residence in the district of residence at the time the citizenship application is filed, marital union of at least 3 years at time of application if filed under the 3 year rule). Thanks to a post by @OldUser, this means that if one's green card was approved the same week as marriage (or approved less than 90 days after the marriage), 3 year rule applicants would need to wait a bit longer than the usual 3 years minus 90 days. Some green card holders have a fondness for very long multi-month stays outside the US, so they must also be careful of the physical presence test.

 

 

 

 

Edited Tuesday at 01:52 AM by WeekendPizzaiolo