KevinA74

My wife, the beneficiary, is currently residing in the United States, and we have already submitted the I-485 and accompanying forms. We have selected the option for her to receive a SSN on the I-485. My question is, should she get an ITIN number in the meantime?

I would add that my current income is technically above the poverty guidelines, but for whatever reason I was given an RFE. I suspect it is because my income history is not that great. Would the I-864a still be the best choice?

Thanks for your input. Yes, my father can provide for himself (he has his own SS and pension benefits). I have a couple of follow-up questions: 1) Would my father (the non-sponsoring spouse) then NOT be counted in the household size? 2) If my mother (the co-sponsor) is only counting her income, would she still include the total income on her form 1040 (line 9)? 3) I'm using a co-sponsor in response to an RFE. Should I resend all my evidence as well?

I will be using a joint sponsor who is my mother and lives at the same residence as me. My questions are: 1) Should she fill out an I-864 or an I-864a? 2) She's retired and recieves SS and pension benefits. Would she need to send the monthy checks as evidence? If so, how many months? 3) Would she need to send bank statements. If so, how many? 4) She files her taxes jointly with my father. Would he need to fill out an I-864a?

Yes, I've been employed for nearly a year.

Which is more important in the deciding factor if a sponsor qualifies on the I-864, annual income (part 6, question 7) or total income (part 6, question 24a)? Would one still qualify if their annual income exceeds 125% of HHS Poverty Guidelines but their total income does not?

Additional possabilities why I got an RFE: 1) My payrate changed slightly from what it was at the first of the year. But I calculated my current individual income based on my current payrate. Could this discrepancy trigger an RFE? 2) I sent evidence from the IRS that I did not file a tax return in 2020 and 2021 even though it's not required. Maybe it's a case of too much unnecessary information. 3) I'm not 100% sure if I sent exactly 6 months worth of paystubs. So, I'm not sure if I should just resubmit everything and hope it's enough or get a joint sponsor. Not knowing the exact reason for the RFE feels like shooting in the dark and hoping it hits something.

Thanks for replying. I've been over it several times and nothing stands out. But I've had a long period of unemployment, and I didn't start working again until last year. Maybe they don't think I'm financially stable enough due to my poor income history? I'm thinking the safe bet is just to get a joint sponsor.

@pushbrkI would appreciate your help with my case.

More questions. Is it better to have a joint sponsor or a co-sponsor if the sponsor resides at the same address as me? And if I had a co-sponsor, would the household size increase on part 5, question 8?

Another thing. The REF says, "The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ." Does this mean they're not counting my current gross annual income?

I did include an Employer Verification Letter. It doesn't state the annual income, only when I was hired, my hourly pay, and how many hours I work each week. I would think that would be sufficient to calculate my annual income (along with my pay stubs). I'm including a portion of the RFE that was sent to me.

Anyone else?

My estimated gross annual income is $32448. That's $7,798 higher than the required 125% for a household of two.

I sent about six months worth of pay stubs and bank account statements.

I received an RFE for my I-485 AOS package. The reason stated was, "we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified." My current income exceeds the 125% Federal poverty guidelines for a household of two. However, my last tax return comes up short as I didn't start working again until last July (2022). I'm thinking this is the reason for the RFE. So, how do I proceed? Is it time to get a joint sponser? If so, I have a couple of questions: I) Will I resubmit an I-864 and an I-864a for the sponser? 2) Would the household size then increase to 3? 3) Do I need to resubmit all my evidence again or only the evidence for my sponser? Thanks.

Doesn't each form (and its evidence) go to different agents though? It would seem prudent to build in some redundancy.

Mods, is it alright if I make the last post a seperate post? It's buried under all my other posts and is getting no visability.

Okay, I'm getting everything together and organized for my AoS package. I would appreciate some additional eyes on my cover letter to ensure that I haven't forgotten anything. Plus, I have a few additional questions at the end. Thanks! [NAME] [A#:] [ADDRESS] [CITY/STATE/ZIP CODE] [PHONE] [DATE] USCIS Attn: AOS (Box 650288) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 Re: Form I-485 Application to Adjust Status for [NAME] To Whom It May Concern: I am currently paroled and residing in the United States of America. The place of my port of entry to the United States was Fort Lauderdale, FL on 02/25/2023. I am filling form I-485, Application to Register Permanent Residence or Adjust Status together with form I-864, Affidavit of Support, form I-693, Report of Medical Examination and Vaccination Record, Form I-131, Application for Travel Document, and form I-765, Application for Employment Authorization. My eligibility is based upon lawful admission to the United States, the spouse of a U.S. citizen, and having an approved I-130. Please find enclosed form I-485 together with accompany forms and all supporting documents and evidence. Thank you! Signed, [NAME] I-485 COVER LETTER [NAME] [A#] [ADDRESS] [CITY/STATE/ZIP CODE] [PHONE] [DATE] USCIS Attn: AOS (Box 650288) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 Nature of the submission: I-485 – Immediate Relative (Spouse) Family Based Adjustment of Status Application, ORIGINAL SUBMISSION To Whom It May Concern: Enclosed please find my Form I-485, Immediate Relative (Spouse) Family Based Adjustment of Status Application, form I-864, Affidavit of Support, form I-693, Report of Medical Examination and Vaccination Record, Form I-131, Application for Travel Document, form I-765, Application for Employment Authorization and all supporting documents and evidence as follows: Contents Include: Form I-485, Application to Register Permanent Residence or Adjust Status • I-485 cover letter • 2 Passport style photographs with full name on back and on plastic bag • Photocopy of passport's biographical page with parole stamp • Photocopy of birth certificate with certified English translation • Photocopy of marriage certificate with certified English translation • Form I-797, Notice of Action • Form G-1145, E-Notification Application • Form I-94, Arrival/Departure Record • Form G-1450, Authorization for Credit Card Transactions Form I-864, Affidavit of Support • I-864 cover letter • Photocopy of passport biographical page • Photocopy of marriage certificate with certified English translation • 2022 IRS tax return transcript • Bank statements • Date bank account opened • Pay stubs for 2023 • Employment verification letter • Form G-1145, E-Notification Application Form I-693, Report of Medical Examination and Vaccination Record • I-693 cover letter • Form G-1145, E-Notification Application Form I-131, Application for Travel Document • I-131 cover letter • Photocopy of marriage certificate with certified English translation • Photocopy of passport's biographical page with parole stamp • 2 Passport style photographs with full name on back and on plastic bag • Form I-94, Arrival/Departure Record • Form G-1145, E-Notification Application Form I-765, Application for Employment Authorization • I-765 cover letter • Photocopy of passport's biographical page with parole stamp • 2 Passport style photographs with full name on back and on plastic bag • Photocopy of marriage certificate with certified English translation • Form I-797, Notice of Action • Form I-94, Arrival/Departure Record • Form G-1145, E-Notification Application Follow-up questions: 1) Is it okay to include only the first page of each bank statement? Otherwise, I would have to print several dozen extra pages. 2) Not really a question, but I'm still a little nervous about meeting the financial requirements for I-864. I would like some assurance that as long as my current gross income exceeds the federal poverty guidelines by 125%, I'm good to go. 3) Do I need a cover letter for each form? If so, do I need the full list (as above) or only the information that pertains to that form? 4) I already got the I-693 medical examination even though I'm not sure it's needed for AoS. Should I still include it or hold onto it? 5) Do I need to mark the outside mailing envlope with the names of all the forms included? Or should I just indicate it is form I-485?

Okay, two more questions. The I-864 instructions state the following: To clarify this point, if I provide a return transcript from the IRS then I don't need to include any W-2 and 1099 forms, correct? Second question: I'm sending the I-765, Application for Employment Authorization with my I-485, AOS. Both forms ask if the applicant wants a social security card issued, which they do. Would I answer "yes" on both forms or only the I-485?

Someone was telling me I needed to meet 125% HHS poverty guidelines for the past three previous years. Any truth to that?

Thank you for your feedback. The joint sponsors would be my parents. I was unemployed for 2020-2021, and started working again in 2022. I'm thinking they may look at this and hold it against me. This is my reasoning for having joint sponsors.

I'm talking about the "Current Annual Household Income". It tabulates this automatically.

If my co-sponers count their pensions\SS benefits with my income, it's more than enough. I currently make enough to not have to have co-sponers, but my employement history for the past 3 years has not been so great. So, I wanted to include co-sponsors for good measure.

Yes, why wouldn't they be? Their income is actually higher than mine.