Help: I-864 requesting for more evidence

[Smiley0722]

I just got a letter from USCIS that theyre requesting for more evidence. They said that my husband ( petitioner/sponsor ) didnt meet the income requirement for 125% of the poverty line. I dont know how they compute it, because my husband yearly income is $51250 (2017 ITR). We are 3 household in the family. According to their 2018 poverty guideline the minimum income requirement is only $25975 for 3 people in household. I dont know how they compute that.

Anyone has the same case? I wanna know your thoughts. Thanks!

[boogiewoogie]

Perhaps they are asking for more evidence that he actually makes what you claim? What does the text say exactly?

[BlahBlah1846]

I just got a letter from USCIS that theyre requesting for more evidence. They said that my husband ( petitioner/sponsor ) didnt meet the income requirement for 125% of the poverty line. I dont know how they compute it, because my husband yearly income is $51250 (2017 ITR). We are 3 household in the family. According to their 2018 poverty guideline the minimum income requirement is only $25975 for 3 people in household. I dont know how they compute that.

Anyone has the same case? I wanna know your thoughts. Thanks!

What evidence did you submit? Maybe you forgot something?

[Smiley0722]

Perhaps they are asking for more evidence that he actually makes what you claim? What does the text say exactly?

This was what stated in the letter:

Based on the documents submitted with Form I-864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner?s household size. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.
Assets must equal the stated difference between the petitioner household income and 125% of the poverty guideline.


I dont know how they compute the income. His ITR for 2017 was $51250.

[Smiley0722]

What evidence did you submit? Maybe you forgot something?

I actually sent everything. 3 years ITR and 3 year W-2. I dont know what else they need

[tomjerry111]

I actually sent everything. 3 years ITR and 3 year W-2. I dont know what else they need

Did you send the current year/last 6 month's paystubs? and Employment verification/offer letter? May be they are concerned about current year income.

[UScitizenFilingforspouse]

I just got a letter from USCIS that theyre requesting for more evidence. They said that my husband ( petitioner/sponsor ) didnt meet the income requirement for 125% of the poverty line. I dont know how they compute it, because my husband yearly income is $51250 (2017 ITR). We are 3 household in the family. According to their 2018 poverty guideline the minimum income requirement is only $25975 for 3 people in household. I dont know how they compute that.

Anyone has the same case? I wanna know your thoughts. Thanks!

Odd. Which line of the 1040 did you enter? Rather, you should make sure you entered the correct line (amount) for the form he used.
I would make sure you have the right amount there and then call, and ask to speak to a level 2 officer. Remember that the first people who sort through your package are contractors. They stage forms for adjudicators which means they do some checks and sometimes, they're wrong.

[flyforever85]

I'm scared this is going to happen to me too. My husband has an income barely above 125% because he is a contractor an not always he has a good cashflow. If they ask me for more evidences I'm going to ask his mother to appear as joint sponsor.

[BlahBlah1846]

Did you send the current year/last 6 month's paystubs? and Employment verification/offer letter? May be they are concerned about current year income.

Yep, you need to send those. You honeslty might just have forgotten to send EVERYTHING which is why they are throwing this fuss.

[UScitizenFilingforspouse]

I'm scared this is going to happen to me too. My husband has an income barely above 125% because he is a contractor an not always he has a good cashflow. If they ask me for more evidences I'm going to ask his mother to appear as joint sponsor.

Contractors are a little bit of a different situation. They get a lot of deductions which lower their taxable income. If you're cutting it close, they may look at that before issuing a RFE. From what I've read, there are adjudicators that will try not to send RFEs and others that won't hesitate to do so, because after all, they are in a production environment and have to meet quotas.

[UScitizenFilingforspouse]

This was what stated in the letter:

Based on the documents submitted with Form I-864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner?s household size. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.
Assets must equal the stated difference between the petitioner household income and 125% of the poverty guideline.


I dont know how they compute the income. His ITR for 2017 was $51250.

Did you send transcripts? They seem to prefer those. I would try calling. I am wondering if $51,250 = all wages from W-2s and not the line 22 from the 1040.

You might find this useful. https://cliniclegal.org/resources/fi...mpleting-i-864

Is it current income they're having an issue with? For current income, you would take what he's earned up to now, and make a projection. Do you have a way of printing all paystubs for the last year or longer? We submitted all paystubs from my current employer since 9/2016 - even though we sent transcripts for 2016 & 2017.

[Smiley0722]

Thanks for all your thoughts!

Okay, this early morning i tried to call USCIS 3x because i wasnt really convince. And you guys are right, they are only customer service that gives their general knowledge. So i decided to make an appointment with the immigration officer via infopass and was scheduled on the 23rd of April. Since i dont have peace of mind, i decided to look around for an immigration lawyer in my area. And thank GOD, i got an appointment right away. I showed the lawyer all the docs i submitted. As per lawyer she is sure 99% that there was an error on the part of the USCIS. She told me that the income i submitted was qualified and no need for more assets. She instructed me to submit again the same docs ( ITR, W2s, pay stub, trancripts ) and attached a letter stating that the income is above the threshold as per 2018 poverty guidelines.

And by the way, in the form 1040 (ITR) i used the line 22 total income.

In their letter ( RFIE ) it stated there that the total income (line 22) on IRS form 1040 is used to determine the qualifying income for the sponsor. Not the Gross receipt ( line 1 ) from IRS Schedule C or C-EZ

[UScitizenFilingforspouse]

Okay, this early morning i tried to call USCIS 3x because i wasnt really convince. And you guys are right, they are only customer service that gives their general knowledge. So i decided to make an appointment with the immigration officer via infopass and was scheduled on the 23rd of April. Since i dont have peace of mind, i decided to look around for an immigration lawyer in my area. And thank GOD, i got an appointment right away. I showed the lawyer all the docs i submitted. As per lawyer she is sure 99% that there was an error on the part of the USCIS. She told me that the income i submitted was qualified and no need for more assets. She instructed me to submit again the same docs ( ITR, W2s, pay stub, trancripts ) and attached a letter stating that the income is above the threshold as per 2018 poverty guidelines.

And by the way, in the form 1040 (ITR) i used the line 22 total income.

In their letter ( RFIE ) it stated there that the total income (line 22) on IRS form 1040 is used to determine the qualifying income for the sponsor. Not the Gross receipt ( line 1 ) from IRS Schedule C or C-EZ

Great! That's how it's done!

[Smiley0722]

Great! That's how it's done!

Thank you!

Goodluck on your biometric appointment.
I had mine today, turned out well.

[kaylip]

Thank you!

Goodluck on your biometric appointment.
I had mine today, turned out well.

When did you submit your package? What's your priority date?