Request for Evidence (RFE) for I-864.

[Kiwibirdkiwi]

Good afternoon.
I am an intended immigrant with F-1 visa and I need some assist.

My husband (an US citizen) and I submitted all the documents (I-485, I-864, I-130, I-130A, I-131, I-765, I-693) on Nov 5, 2022,
and we received a Request for Evidence (RFE) for I-864 on Dec 5, 2022.

The main reason we received the RFE might be because my husband (also my sponsor) just started working in July, 2022,
and his actual income of 2022 does not meet the 125% of the federal poverty guideline.
(His monthly income is about $3,000 and his actual income of 2022 is about $16,500 since he started working in July, 2022.)

The due date of RFE is March 2, 2023.
I'd like to know if we can use the expected income of 2023 to resubmit the I-864 form.
($3,000 * 12 = $36,000 > the 125% of the federal poverty guideline.)
Appreciate your help.

[Sdollar4real]

I think Joint sponsor is your only way out here, i have the same situation, buh my spouse has made enough this year to meet the poverty guidleine, so we decided to wait tiil we file tax return in January 2023, then we can respond to the RFE. But for you poster, USCIS only check the recently filed tax return, which must meet up with the current household size, so in other to avoid denial, i would advice you get a joint sponsor.

please dont foeget, your spouse still needs to file i864 with the joint sponsor

[Kiwibirdkiwi]

Thank you so much!
I think we will use my husband’s income + our assets.