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Hi All,
I need your opinion - advise on the following matter. After reading the forum I was not able to find something being mentioned earlier.
I have applied for my AOS and filed I-864 concurrently. My USC wife moved back to the US back in 2018 so her income is not above the poverty threshold, hence we have used my ( income of the intending immigrant who is your spouse) on page 4 of I-864 which exceeds the poverty line x 1.25 by far. I have been living in the US for 5+ years on an E2 investor visa.
RFIE indicates that
--> they expect supporting tax documentation (W2's, 1099s, Form 2555, all supporting tax schedules) etc
-->Based on the documents submitted with Form I864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor's household size.
( even though I believe it does once we include my income on I864)
Instructions pdf clearly indicate I can use my income ( 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. He or she does not need to complete Form I-864A unless he or she has accompanying children.)
How should I proceed?
Just send everything again and try to explain it?
Thanks for your help and good luck to everyone!
I need your opinion - advise on the following matter. After reading the forum I was not able to find something being mentioned earlier.
I have applied for my AOS and filed I-864 concurrently. My USC wife moved back to the US back in 2018 so her income is not above the poverty threshold, hence we have used my ( income of the intending immigrant who is your spouse) on page 4 of I-864 which exceeds the poverty line x 1.25 by far. I have been living in the US for 5+ years on an E2 investor visa.
RFIE indicates that
--> they expect supporting tax documentation (W2's, 1099s, Form 2555, all supporting tax schedules) etc
-->Based on the documents submitted with Form I864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor's household size.
( even though I believe it does once we include my income on I864)
Instructions pdf clearly indicate I can use my income ( 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. He or she does not need to complete Form I-864A unless he or she has accompanying children.)
How should I proceed?
Just send everything again and try to explain it?
Thanks for your help and good luck to everyone!
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