Help with RFE for I-485

[brzz]

Hi,
I concurrently filed my I-130 and I-485 along with other required forms last month (July 2016). I am on E-2 here and have my own business and married a US Citizen. My spouse only started working in late 2015 and only worked for 4-5 months and before that she was a full-time student at University. For the form I-864 we submitted her Tax returns and W2 for 2015 along with the notes on the last page of I-864 that her annual salary is $45k/year but the tax return only shows $19k because she only worked part of the year. I also submitted my own tax returns and w2's for the past 3 years. My salary is upwards of $70k/year and I remember a section in the form stated that the intending immigrant (me) can use my own income to show support.

I just received the RFE yesterday and its asking for:
1. The petitioner/sponsor lists their income on the Form I-864 as an amount to be considered as sufficient, however no evidence has been submitted as proof of current income... <--- we did submit the W2 and Tax Return - I guess they want continued employment documents.

2. Based on the documents submitted with Form I864 for the petitioner/sponsor, the income did not meet 125% of the poverty guidelines... <--- again my wife only worked part of the year but still my salary is more than sufficient

My question is that since they already have my income information and for a household of 2 shouldn't my salary alone be more than sufficient for their requirements? I can definitely submit them the documents they require but cant they just use mine? Has anyone ever had to deal with something similar - I am thinking of sending them a letter from my wife's current employer along with her paystubs and bank statement with a letter stating that even without her income my income should be more than sufficient and send them another copy of my w2's and tax returns for past 3 years. Would that be a good enough response?

Thank you!

[Adrian Gruber]

Rfe

[QUOTE=brzz;464742]Hi,
I concurrently filed my I-130 and I-485 along with other required forms last month (July 2016). I am on E-2 here and have my own business and married a US Citizen. My spouse only started working in late 2015 and only worked for 4-5 months and before that she was a full-time student at University. For the form I-864 we submitted her Tax returns and W2 for 2015 along with the notes on the last page of I-864 that her annual salary is $45k/year but the tax return only shows $19k because she only worked part of the year. I also submitted my own tax returns and w2's for the past 3 years. My salary is upwards of $70k/year and I remember a section in the form stated that the intending immigrant (me) can use my own income to show support.

I just received the RFE yesterday and its asking for:
1. The petitioner/sponsor lists their income on the Form I-864 as an amount to be considered as sufficient, however no evidence has been submitted as proof of current income... <--- we did submit the W2 and Tax Return - I guess they want continued employment documents.

2. Based on the documents submitted with Form I864 for the petitioner/sponsor, the income did not meet 125% of the poverty guidelines... <--- again my wife only worked part of the year but still my salary is more than sufficient

My question is that since they already have my income information and for a household of 2 shouldn't my salary alone be more than sufficient for their requirements? I can definitely submit them the documents they require but cant they just use mine? Has anyone ever had to deal with something similar - I am thinking of sending them a letter from my wife's current employer along with her paystubs and bank statement with a letter stating that even without her income my income should be more than sufficient and send them another copy of my w2's and tax returns for past 3 years. Would that be a good enough response?

Without seeing the actual Return For Evidence Notice I'm going to hazard an educated guess based on my own applications.
USCIS is asking for your sponsors current income.
This is what USCIS says:'
Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual
income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.
You may include evidence supporting your claim about your expected income for the current year if you believe that
submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this
evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include
a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual
salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income
includes alimony, child support, dividend or interest income, or income from any other source, you may also include
evidence of that income.

So they are asking for your sponsors most recent paystubs, income letter, employment letter etc. They want to know what your sponsor (NOT YOU) current and projected income for this year will be.

I am not a lawyer!
The information I submit is based on my own experiences with USCIS

[brzz]

Hi sorry about that - I didnt include the RFE images. I completely understand that they are not asking for my financials but what I wanted to know was if my wifes financials are not enough (to meet poverty guidelines) can they reject my application or can they use my financials?

Here is the RFE image of both pages:



Thank you again for all of your help.

[Adrian Gruber]

Hi sorry about that - I didnt include the RFE images. I completely understand that they are not asking for my financials but what I wanted to know was if my wifes financials are not enough (to meet poverty guidelines) can they reject my application or can they use my financials?

Here is the RFE image of both pages:

[ATTACH]593[/ATTACH][ATTACH]594[/ATTACH]

Thank you again for all of your help.

The RFE is illegibly small, irregardless, if USCIS sends another RFE after you send in your response to the current RFE then you will need a co-sponsor that can meet the support needs.

[brzz]

Thanks for your response, I attached much higher resolution pictures I guess they were compressed when uploaded to the forum. So basically if we submit my wifes information, I know it wont be enough for poverty guideline for this year since her income is low she moved states and her job in the previous state has become part-time instead of full time. With that said, will we still need another sponsor? Can we not use my income as an intending immigrant?

I know on Form I-864 it says on page 5:
Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (see Form I-864 Instructions.) Please indicate name, relationship, and income.

This is where I had put my name, relation and income.

To summarize, I know my wifes income wont be enough so I am trying to get them to use my income instead of getting another sponsor. I am not sure if this is possible?

[Adrian Gruber]

I-864 Instructions.

[QUOTE=brzz;464837]Thanks for your response, I attached much higher resolution pictures I guess they were compressed when uploaded to the forum. So basically if we submit my wifes information, I know it wont be enough for poverty guideline for this year since her income is low she moved states and her job in the previous state has become part-time instead of full time. With that said, will we still need another sponsor? Can we not use my income as an intending immigrant?

I know on Form I-864 it says on page 5:
Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (see Form I-864 Instructions.) Please indicate name, relationship, and income.

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living
in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult
children, if they are living in your residence. However, the only reason to include these relatives in your household size
is if you need to include their income when you calculate your household income for purposes of meeting the income
requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A,
Contract Between Sponsor and Household Member.
Item Number 8. Household Size. Add together Part 5., Item Numbers 1. - 7. and enter the number in the space
provided. If you or someone else is completing Form I-864 on a computer, this box will auto-populate.
Part 6. Sponsor’s Employment and Income
Item Numbers 1.a. - 1.d. Sponsor’s Employment. Select all the boxes that apply to you. You, as the sponsor, may not
rely on a household member’s income from illegal acts, such as proceeds from illegal gambling or drug sales, to meet the
income requirement even if the household member paid taxes on that income.
Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual
income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.
You may include evidence supporting your claim about your expected income for the current year if you believe that
submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this
evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include
a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual
salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income
includes alimony, child support, dividend or interest income, or income from any other source, you may also include
evidence of that income.
Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household
income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are
on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty
Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member’s
income. See Form I-864P for information on the Federal Poverty Guidelines.
To determine the filing requirements for your relatives included in Part 6., Item Numbers 3. - 14., follow the instructions
below.
1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item
Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part
5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.
3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part
5., Item Number 1.), evidence that his or her income will continue from the current source after obtaining lawful
permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse
or children.
Item Numbers 18.a. - 20. Federal Income Tax Return Information
You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your
Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to
establish your ability to maintain sufficient income, you may

[brzz]

Thank you once again for your detailed response, from what I gathered:

1. I will submit my wifes information required by the RFE
2. I will also submit my own taxes, w2's, proof of current business as evidence of my own income
3. I do not need to file the Form I-864A since I am the spouse and intending immigrant and reside in the same household.

Can I also include a letter explaining our situation and the provided documents? I don't know if that's a common practice or do they strictly require forms to be filled rather than a letter due to time constraints.

[Rain Claro Diaz]

I need help guys

I have question guys and I need you help/advise.

I'm planning to visit my cousin in the US but seems so difficult for me to get a visa since I haven't travelled to any countries yet.
I'm asking my cousin if he could help me to get a visa to go there and he said he's willing to sponsor me.
he's working as a nurse in Maryland. do you guys think, it will be easy for him to sponsor my visa? and how long do you guys think to have it processed?
he's my first cousin. we have the same middle name on our birth certificate.
I'm a Filipino and currently based in Dubai.

I need your advise guys.

[daggit]

I have question guys and I need you help/advise.

I'm planning to visit my cousin in the US but seems so difficult for me to get a visa since I haven't travelled to any countries yet.
I'm asking my cousin if he could help me to get a visa to go there and he said he's willing to sponsor me.
he's working as a nurse in Maryland. do you guys think, it will be easy for him to sponsor my visa? and how long do you guys think to have it processed?
he's my first cousin. we have the same middle name on our birth certificate.
I'm a Filipino and currently based in Dubai.

I need your advise guys.

Did you post in the right forum?