RFE of I-485

[gl88]

Hi Guys,

I filed the documents to apply for Green Card in Oct. 2017. And, in Nov 2017, I received a RFE letter, request for initial evidence of i-485, from USCIS, asking for more information about the affidavit of support.

My sponsor didn't work too much in 2016. His wage was around $2200. He also got Social Security Disability Income which was around $9000. So, his total income in 2016 is $11,000. And, there is a gap of $10,000 for a household of two upon the poverty guideline of 2017. So, we decided to use the asset to fill the gap.

According to the instruction of I-864, as applicant, do I have to own over $50,000 in my bank check account(5 times the difference)? And, my sponsor used form 1040EZ to file the tax return of 2016. In 1040EZ, it shows the income of the wage only. Will it be a problem? Do we need to append the proof of income letter from Social Security Administration Office?

My sponsor's salary of 2017 was raised to $13,000. Adding the Social Security Disability Income part, his total income was $22,000. But, the poverty guideline of 2018 has not been released yet. He got W-2 and has not done the tax return yet. Will the USCIS consider the income of 2017? Will all the new evidence sufficient to meet the request of Affidavit of Support?

Thanks

[inadmissible]

On what basis are you applying for adjustment of status?

This person you speak of who receives $22,000/yr in current income... is this your spouse?

[gl88]

Thank you for your reply!

Yes, he is my spouse.

On what basis are you applying for adjustment of status?

This person you speak of who receives $22,000/yr in current income... is this your spouse?

[inadmissible]

His current income of $22,000 annualized exceeds 125% of the federal poverty level for a household of 2 persons living in the 48 contiguous states

If he received his raise after your initial paperwork was submitted, he should provide a new affidavit of support with the updated information, and include the supporting documentation

If he needs to use his or your assets to make up for any shortfall, the multiple of the shortfall is reduced from 5 to 3 for spouses of US citizens. For example, let's say the 125% line is $20,300/yr and his current income is $19,000/yr, a shortfall of $1,300/yr; he would then need to show 3*1300=$3,900 in assets to make up for the income shortfall

[gl88]

Thanks again!

Just want to double confirm it. The income of $22000 in 2017 comprises two parts, the wage and the Social Security benefit. We had the W-2, pay stubs and form SSA-1099. Are these evidence sufficient? (We have not filed the tax return of 2017 yet.)

And, my sponsor only filed form 1040EZ for tax return of 2016, which does not include the Social Security benefit(SSDI) income. In form i-864, it requests to input the "adjusted gross income on IRS Form 1040EZ". Shall we just input $2200? How can we add the amount of Social Security benefit?

Lastly, we are always wondering if Social Security benefit-SSDI is counted as income. We googled it and found SSDI (not SSI) , which has form SSA-1009, should be. Is it correct?