Affidavit of Support

[iljalways]

Hi, I just got a yellow letter request for initial evidence, my wife didn't have income and during the last 11 years and was not required to file taxes abroad and in the USA, we have a sponsor that more than meets the requirements to sponsor me, but now in the letter it states that the sponsor does not meet the income requirements, they say line 22 has to be 125% above the poverty line, but it is about 140% above, I tried to call USCIS they told me that transfer lines are down and I need to call back Monday.

just wondering does anyone know why they would reject the sponsor?

thanks.

[Freerising]

Call them again. Since he earns up to 140% they will accept the sponsor.

[miiki]

How did you calculate family size?

[JNJH2224]

It is likely that there is a document missing from your sponsors packet proving he makes the money you report. OR they lost the documents you sent.

For our joint sponsor we sent:
- Copy of his birth certificate
- His complete and signed Form 1040 and Schedule A
- Copy of his W2
- Letter from currently employer stating the start date, nature of his job, current salary, hours per week worked, likelihood of future employment and stability there
- Copy of his most recent bank statement
- Pay stubs for the last 6 months


For my husband (the USC) our RFIE asked for all his tax documents again... although we sent them all in the first time. His are simple - just a 1040EZ and a W2. I couldn't figure out why they were asking for it all over again and wondered if we forgot something. To be safe I just re-submitted it and also submitted IRS transcripts to be safe. From what I hear, USCIS loses documents all the time. So either they lost what you sent or they want more proof of his income (like the documents I listed above)

[NettieL]

Hi, I just got a yellow letter request for initial evidence, my wife didn't have income and during the last 11 years and was not required to file taxes abroad and in the USA, we have a sponsor that more than meets the requirements to sponsor me, but now in the letter it states that the sponsor does not meet the income requirements, they say line 22 has to be 125% above the poverty line, but it is about 140% above, I tried to call USCIS they told me that transfer lines are down and I need to call back Monday.

just wondering does anyone know why they would reject the sponsor?

thanks.

Check that you included everyone (including the sponsor's dependents) in the family size to see if the sponsor is earning 125 % above the poverty line.

[dmike]

I 864

Hello,
I applied for I 485 and I 130 recently, my wife does not work, and we used only our joint taxes for the last 3 years, I am only person in the family who works, does any one have the same experience here, because my lawyer said that recently, for not working petitioner they asked for another joint sponsor beside the spouse.

[iljalways]

How did you calculate family size?

Forgot to add that he is self employed. Uscis days we must use line 22 on his tax for calculation and his income is over 42000.00. Thanks for all the replies.

[iljalways]

How did you calculate family size?

My immigration lawyer did the calculation my sponsor and his wife and their 2 kids and myself.
my wife and our kids are US Citizens my lawyer said that he has to just qualify for 5 people and he is @ 147%

[NettieL]

My immigration lawyer did the calculation my sponsor and his wife and their 2 kids and myself.
my wife and our kids are US Citizens my lawyer said that he has to just qualify for 5 people and he is @ 147%

Not sure about this, but the family size I believe, will include your wife and your children too. That is perhaps where the problem is. The issue isn't their citizenship, the issue is how many people are/could potentially be dependent on his income.

Did he file taxes as a self employed person and did he provide enough evidence of his current income?

[iljalways]

Not sure about this, but the family size I believe, will include your wife and your children too. That is perhaps where the problem is. The issue isn't their citizenship, the issue is how many people are/could potentially be dependent on his income.

Did he file taxes as a self employed person and did he provide enough evidence of his current income?

There are 2 affidavit my kids are on my wife affidavit and Im on the joint sponsor affidavit, and only members immigrating within 6 months are counted

My lawyer said everything was good (I Think I can trust her she has over 5000 cases history) will see after Monday I will uscis a call and will have a meeting with our lawyer

[newacct]

There are 2 affidavit my kids are on my wife affidavit and Im on the joint sponsor affidavit, and only members immigrating within 6 months are counted

This doesn't make sense. Who is immigrating? What category? Were there multiple petitions or one petition with principal and derivative beneficiaries?

First of all, you are always counted in your wife's household size because you are your wife's spouse, so you must "be on your wife's affidavit". In addition, perhaps you are misunderstanding what "joint sponsor" means -- all the immigrants on a petition must be counted in the petitioner's household size, and all the immigrants on a petition must also be counted in the joint sponsor's household size when there is only 1 joint sponsor. If there are multiple immigrants on the same petition as principal and derivative beneficiaries, it is possible to have 2 joint sponsors, who "split up" the immigrants among them; even then, the petitioner must still count all immigrants on the petitioner's household size.

When there are multiple petitions, the immigrants on one petition don't count as immigrants on the Affidavit of Support for the other petition, but those people might still be counted if they are spouses or dependent children of the petitioner of the other petition.

[iljalways]

This doesn't make sense. Who is immigrating? What category? Were there multiple petitions or one petition with principal and derivative beneficiaries?

First of all, you are always counted in your wife's household size because you are your wife's spouse, so you must "be on your wife's affidavit". In addition, perhaps you are misunderstanding what "joint sponsor" means -- all the immigrants on a petition must be counted in the petitioner's household size, and all the immigrants on a petition must also be counted in the joint sponsor's household size when there is only 1 joint sponsor. If there are multiple immigrants on the same petition as principal and derivative beneficiaries, it is possible to have 2 joint sponsors, who "split up" the immigrants among them; even then, the petitioner must still count all immigrants on the petitioner's household size.

When there are multiple petitions, the immigrants on one petition don't count as immigrants on the Affidavit of Support for the other petition, but those people might still be counted if they are spouses or dependent children of the petitioner of the other petition.

I'm the only one immigrating, my wife and kids are USC I'm Canadian, we have a joint sponsor cause we have been living in canada for last 11 years my wife was not required to file taxes due to no income. She didn't meet the financial requirements.

[newacct]

I'm the only one immigrating, my wife and kids are USC I'm Canadian, we have a joint sponsor cause we have been living in canada for last 11 years my wife was not required to file taxes due to no income. She didn't meet the financial requirements.

So your wife's I-864 should have her, you, and the children in her household size. (Not that her household size matters anyway since she doesn't meet the requirements.) She would need to attach a statement stating she wasn't required to file US taxes the last 3 years because her income was below the filing threshold for those years.

The joint sponsor's I-864 should have their family plus 1 for you as their household size. If you are sure their current household income is more than 125% poverty level for their household size according to the latest I-864P, I don't know why they rejected it. Perhaps they think it's too close to 125% and their past income isn't consistent? I don't know.

[iljalways]

So your wife's I-864 should have her, you, and the children in her household size. (Not that her household size matters anyway since she doesn't meet the requirements.) She would need to attach a statement stating she wasn't required to file US taxes the last 3 years because her income was below the filing threshold for those years.

The joint sponsor's I-864 should have their family plus 1 for you as their household size. If you are sure their current household income is more than 125% poverty level for their household size according to the latest I-864P, I don't know why they rejected it. Perhaps they think it's too close to 125% and their past income isn't consistent? I don't know.

Thats exactly what we did thanks for clearing it up. It helps alot, I will try to call them ser if uscis is willing to explain the rejection

I will post an update once I know.