Request for Initial Evidence (I-485) Question/confused.

[Shurm88]

Hey guys.

My husband received Request for Initial Evidence (I-485) in the mail the other day. On one sheet of paper it states that his current income on form I-864 to be considered a sufficient amount, although he needs to submit additional evidence to prove this, which is perfectly fine.

But on the other sheet of paper it says:
'Based on the documents submitted with Form - I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household side.'

But this isn't the case as previously stated he earns well above the sufficient amount. We are both confused as they give conflicting information. We don't own any assets as we are renting, but obviously like I said he earns well above the threshold so the assets shouldn't even be a problem?

I appreciate any help.

[Moonstar94]

We also received an RFE for I -485 asking for additional evidences such as paystubs for the past 6 months and certification of employment. In my case my husband is above poverty guidelines as well but currently unemployed, that is also the reason why we submitted our form I- 864 with a joint sponsor. Anyway, I suggest that you call the uscis customer service to confirm the letter you received. Nevertheless, you should start to prepare all the requirements they are asking because they will stop processing ALL your documents and eventually your clock will restart to Day 1. Best of luck!

[Shurm88]

We also received an RFE for I -485 asking for additional evidences such as paystubs for the past 6 months and certification of employment. In my case my husband is above poverty guidelines as well but currently unemployed, that is also the reason why we submitted our form I- 864 with a joint sponsor. Anyway, I suggest that you call the uscis customer service to confirm the letter you received. Nevertheless, you should start to prepare all the requirements they are asking because they will stop processing ALL your documents and eventually your clock will restart to Day 1. Best of luck!

We have tried phoning them numerous times now and not got a simple answer which has been frustrating. They tell us what we already know which is making sure we submit all evidence before the amount of days given. I guess we will just go ahead and submit everything it asks for although stating on one sheet of paper that my husband earns way above the sufficient amount and then not on the next page is really confusing and worrying. Want to make sure that we get everything right and avoid denial for not sending the correct paper work.

[Moonstar94]

We have tried phoning them numerous times now and not got a simple answer which has been frustrating. They tell us what we already know which is making sure we submit all evidence before the amount of days given. I guess we will just go ahead and submit everything it asks for although stating on one sheet of paper that my husband earns way above the sufficient amount and then not on the next page is really confusing and worrying. Want to make sure that we get everything right and avoid denial for not sending the correct paper work.

I think that would be the best option. If they need more requirements from you (which I hope not) atleast your clock will resume better than restarting all over again. Good luck!

[dsn1014]

Hi,

As much as I don't like to hear that anyone else is dealing with this, I'm happier to know I'm not the only one. I came here to start a topic on this, but you've beat me to it.

Myself and my wife are applying for my adjustment of status with a joint sponsor presently. We also received a letter from USCIS with what I think is the same text, it's very confusing and has us quite concerned.

I've read and reread this, it seems contradictory, but I'm posting the text here in case I'm not seeing something or understanding correctly.

The first section reads as follows;

The joint sponsor lists their current income on Form I-864 as an amount to be considered as sufficient: however, no evidence has be submitted as proof of current income.

Submit evidence of the joint sponsor's current income. Such evidence should include:

Pay stubs or other documentation of pay for the previous 6 months.
Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)

Letter of Employment containing the following:

Dates of employment
Nature of the job
Yearly salary earned
Number of hours per week worked
Prospects for future employment and advancement

Submit all supporting tac documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The joint sponsor must submit all supporting tax documents for the most recent tax year.

This was encouraging, but then the very next section of the letter reads as below;

Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guidelines for the joint sponsor's household.

Submit evidence of assets that meet the standards listed below or obtain a different joint sponsor.
Assets must equal the stated difference between the joint sponsor's household income and 125% of the poverty guideline.

Assets must equal the difference for applicants filing as orphans.
Assets must equal three times the difference for a spouse or child of a United States citizen
Assets must equal five times for all others

Evidence of assets includes:

Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has desposits, the account balance averaged over a 12 month period, and current balance;
Evidence of ownership and value of stocks, bonds, and certificates of deposit;
Evidence of ownership and value/equity of other personal property and dates acquired;
Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgages/lien or lien release of any real estate

That's very concerning, I hope it's a typo, as they're asking for proof of citizenship for my wife which I'm sure positive has sent before, but I'll send it again. It's just very unclear and seems to tell me two things.

We're gathering all our documents to meet their request regardless and hope for the best.

[ira.v]

This happened to us as well. I called the uscis and they were clueless, basically.

[aevi]

Hello
I believe USCIS do compare all Tax covered 3 years,w2, pay stub, if your husband /wife meet the range standard level if current citizen can support you in terms of monthly finances. That include the rent and liabilities. I suggest find someone inside urhome who maybe citizen can help you sponsor.in terms of payable..

[TarCas]

The income should be sufficiently above the federal guidelines. Just meeting the bare minimum wont help. I do not mean it should be $50k over the limit but neither should it be $100 over the limit, you get my point.

[SFGiants]

This happened to us as well. I called the uscis and they were clueless, basically.

Hi Ira. My wife and I are currently dealing with the same situation. I wonder if USCIS was able to rectify the issue and if so, what did you have to do? Thanks in advance.

[Ihababdallah]

I-864 please help

Submit all supporting tac documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.
The joint sponsor must submit all supporting tax documents for the most recent tax year.
Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guidelines for the joint sponsor's household based on household size.
Submit evidence of assets that meet the standards listed below or obtain a different joint sponsor.
Assets must equal the stated difference between the joint sponsor's household income and 125% of the poverty guideline.

Assets must equal the difference for applicants filing as orphans.
Assets must equal three times the difference for a spouse or child of a United States citizen
Assets must equal five times for all others
Evidence of assets includes:

Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has desposits, the account balance averaged over a 12 month period, and current balance;
Evidence of ownership and value of stocks, bonds, and certificates of deposit;
Evidence of ownership and value/equity of other personal property and dates acquired;
Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgages/lien or lien release of any real estate

I received this REF from the USCIS and I have some questions, so please help
1) My joint sponsor filling tax jointly with his wife and they don’t have separated income, the total income for both (they are self-employees) and I just filled the i-864 for the husband only. Should I have to submit the wife i-864. and the line 22 in 1040 10x the poverty guideline.
2) USCIS asking about the w-2s and they don’t have w-2s
3) For the evidence of assets includes: should I have to submit all these evidences or just one of them.

[jinyiwu]

exact same letter

Hello everyone,

I just got the exact same letter stating its sufficient on one page and not sufficient on the other page. May I ask how did you respond to your RFE? Any suggestions? Thanks A LOT in advance!

Jinyi

[outsidebones]

Hey guys.

My husband received Request for Initial Evidence (I-485) in the mail the other day. On one sheet of paper it states that his current income on form I-864 to be considered a sufficient amount, although he needs to submit additional evidence to prove this, which is perfectly fine.

But on the other sheet of paper it says:
'Based on the documents submitted with Form - I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household side.'

But this isn't the case as previously stated he earns well above the sufficient amount. We are both confused as they give conflicting information. We don't own any assets as we are renting, but obviously like I said he earns well above the threshold so the assets shouldn't even be a problem?

I appreciate any help.

I had exactly the same RFE with the conflicting request on the income level. I dodnt know what to do and calling USCIS was fruitless.

I sent all the required evidence to show that my wife was way above the guideline, and a cover letter explaining that I was confused and this is why I have sent what I did. In response to point 1) etc etc

It seems to have been accepted as I am now to be sheduled for interview status

Good luck

[Houston2016]

I had exactly the same RFE with the conflicting request on the income level. I dodnt know what to do and calling USCIS was fruitless.

I sent all the required evidence to show that my wife was way above the guideline, and a cover letter explaining that I was confused and this is why I have sent what I did. In response to point 1) etc etc

It seems to have been accepted as I am now to be sheduled for interview status

Good luck

It is not that confusing if think it was done by a computer algorithm:
Submitted Form I-864 as an amount to be considered as sufficient... - yes
enough supporting documents - no - submitted I-864 not valid.
need more supporting documents for I-864 to be valid - yes - sand a RFE
submitted I-864 not valid - yes
need additional funds/cosponsor - yes - sand a RFE
there you have 2 requests, one to make I-864 valid and another one if you cannot provide requested documents for first request.

If USC sponsor has an income more than 125% poverty line, submit all required documents listed in RFE. If the submitted documentation for I-864 will be sufficient, there will be no need for additional funds and cospossor.

I would revisit instructions for I-864 p.16 Checklist and resubmit all required documentation. Preferably copy of IRS transcripts to Tax Returns for last 3 years (optional) instead 1 year (required).

[gradstudent2018]

I am about to submit my application but I am wondering if this situation would impact me as well, my wife(sponsor)'s current salary is much higher than the limit (34k). (We have Pay stubs and the verification letter)

In 2017 she made 29k
In 2016 she made about 10 k
In 2015 she made about 7 k

She also doesn't have tax receipts just 1040ez for 2017 and W2s for 2015,2016 and 2017. Would these suffice?

In I864 it tells me not to include my income if my wife is making plenty but this thread gets me thinking, should I include my stuff as well?? Any help would be appreciated.

[UScitizenFilingforspouse]

It is not that confusing if think it was done by a computer algorithm:
Submitted Form I-864 as an amount to be considered as sufficient... - yes
enough supporting documents - no - submitted I-864 not valid.
need more supporting documents for I-864 to be valid - yes - sand a RFE
submitted I-864 not valid - yes
need additional funds/cosponsor - yes - sand a RFE
there you have 2 requests, one to make I-864 valid and another one if you cannot provide requested documents for first request.

If USC sponsor has an income more than 125% poverty line, submit all required documents listed in RFE. If the submitted documentation for I-864 will be sufficient, there will be no need for additional funds and cospossor.

I would revisit instructions for I-864 p.16 Checklist and resubmit all required documentation. Preferably copy of IRS transcripts to Tax Returns for last 3 years (optional) instead 1 year (required).

And THAT'S WHY we love algorithms. Good point!