Rfe for i-864 - income not sufficient but it is actualy above poverty guideline

[blinders]

Hello Guys,

I am switching from F1 to GC based on marriage. I applied on November 4th 2019 to Chicago Office, I did my bio back in Dec 2019 and I got an RFE on Jan 27th, 2020 saying the following:

"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, MY WIFE'S NAME and household member(s), the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor's household size."

"Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 instructions for more information"

Later on in the RFE (page 2,3 and 4) it said:

"THE SPONSOR'S [MY WIFE'S NAME] lists their current income on Form I-864 as an amount to be considered as sufficient; However, no evidence has been submitted as proof of income" and then it asks for tax and W2's, paystubs and other financial evidence...

"THE HOUSEHOLD MEMBER [MY NAME] lists their current income on Form I-864 as an amount to be considered as sufficient; However, no evidence has been submitted as proof of income"

My first question is the following:

My wife's tax return (Adjusted Gross Income) was $27500 and we submitted a tax return for the year 2018 (in November 2019 when we applied) showing that. The household size is 2 me and her and we don't live together yet. So from my understanding the poverty guideline for 2019 for a household of 2 was $21,137 SO CLEARLY SHE IS OVER THIS NUMBER BUT IN THE RFE THEY SAID SHE DID NOT MEET THE POVERTY GUIDELINE AND ASKED FOR HER TAX DOCUMENTS MORE THAN ONCE IN THE LETTER BUT AT THE SAME TIME MENTIONED THAT HER INCOME AND MY INCOME IS CONSIDERED TO BE SUFFICIENT!!!!

My W2 for the year 2019 is $52K but I guess I cannot add my income on I-864 to sponsor myself.

I might not find a joint sponsor as they requested. Can someone please advise why they said it does not meet the poverty guideline when it actually does?? also I have read that some people with the same situation as mine just replied to the RFE with more tax and income evidence and ignored adding a joint sponsor and the fact that USCIS said that the sponsor's income did not meet the poverty guideline!!

My second question is the following:

What do they mean by saying that her income is sufficient? and my income is sufficient! when at the first page of the RFE they said her income did not meet the poverty guideline. It is really confusing, can someone please explain or share his/her story?

I am really afraid of doing something wrong and got denied.

Thank you so much for your help!

[Margo27]

The income is sufficient but there is no proof to support it. You have to send w2s, all 1040, tax transcript, paystubs. proof of petitioners citizenship , birth certificate or us passport. 1099 forms + all schedule c, 1040 ez, tax transcript etc. if you have selfemployment.

[Margo27]

If you look at form 864 it says you can use immigrants income as long as you have proof that it will continue

[azblk]

If you look at form 864 it says you can use immigrants income as long as you have proof that it will continue

only if you live together and that income was earned legally.

[azblk]

Hello Guys,

I am switching from F1 to GC based on marriage. I applied on November 4th 2019 to Chicago Office, I did my bio back in Dec 2019 and I got an RFE on Jan 27th, 2020 saying the following:

[/B]

My first question is the following:

My wife's tax return (Adjusted Gross Income) was $27500 and we submitted a tax return for the year 2018 (in November 2019 when we applied) showing that. The household size is 2 me and her and we don't live together yet. So from my understanding the poverty guideline for 2019 for a household of 2 was $21,137 SO CLEARLY SHE IS OVER THIS NUMBER BUT IN THE RFE THEY SAID SHE DID NOT MEET THE POVERTY GUIDELINE AND ASKED FOR HER TAX DOCUMENTS MORE THAN ONCE IN THE LETTER BUT AT THE SAME TIME MENTIONED THAT HER INCOME AND MY INCOME IS CONSIDERED TO BE SUFFICIENT!!!!

My W2 for the year 2019 is $52K but I guess I cannot add my income on I-864 to sponsor myself.

I might not find a joint sponsor as they requested. Can someone please advise why they said it does not meet the poverty guideline when it actually does?? also I have read that some people with the same situation as mine just replied to the RFE with more tax and income evidence and ignored adding a joint sponsor and the fact that USCIS said that the sponsor's income did not meet the poverty guideline!!

My second question is the following:

What do they mean by saying that her income is sufficient? and my income is sufficient! when at the first page of the RFE they said her income did not meet the poverty guideline. It is really confusing, can someone please explain or share his/her story?

I am really afraid of doing something wrong and got denied.

Thank you so much for your help!

You just need to send proof of income to the USCIS as it seems you didnt. Tax returns or transcript works best. You can not use you income as you do not live with your wife.

[Margo27]

only if you live together and that income was earned legally.

If the intending immigrant is a spouse you can ise their income regardless of residence

[Margo27]

Please read 864 instructionsits all there

[Margo27]

You just need to send proof of income to the USCIS as it seems you didnt. Tax returns or transcript works best. You can not use you income as you do not live with your wife.

It is in instructions you can use your income regardless of residence if you are a spouse does noone read those instructions

[Margo27]

ontract Between Sponsor and Household Member; 2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements: 1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

[Dsuarr2]

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