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My wife and I have joint filed I-130 and I-485 but have gotten a request for initial evidence (2 pages). I have recently returned from living in China and am starting my own business but haven't filed taxes meeting the 125% of poverty guideline so my mother is the joint sponsor.
The first page says, "The sponsor's household size on the joint sponsor Form I-485, Affidavit of Support, was calculated incorrectly or not completed. A household size of 0 or 1 is not acceptable."
The second page says, "Based on the documents submitted with form I-485, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.
I found that I indeed calculated household size wrong. I skipped over all of the extra family member info that weren't relative to me but missed box 28, where I should have entered "1" for my wife. When I looked the form over, my mom's household size looked correct because she is divorced and has no dependents. I didn't realize that by her sponsoring my wife, my wife automatically becomes her dependent as is calculated as a part of her household.
My mom's income is around $70,000 each year, and I submitted three years of tax returns (and supporting documents) to show that, but I suspect that USCIS sent the "did not meed 125% of the poverty guideline" letter because in order to calculate the required income, household size needs to be correct. As long as household size is invalid, income will automatically be invalid.
Am I thinking in the right direction? I feel like the reasoning is sound, but I want to be certain moving forward that I'm not making any more mistakes and I don't really want to pay a lawyer to answer a few questions.
Can anybody speak to this? Also, assuming I'm moving in the right direction, what evidence should I submit? For the household number part they just want page 4 of I-864. If this solves both problems, do I need to submit more evidence for the income side of it? From what I can see there is no problem with the required income.
The first page says, "The sponsor's household size on the joint sponsor Form I-485, Affidavit of Support, was calculated incorrectly or not completed. A household size of 0 or 1 is not acceptable."
The second page says, "Based on the documents submitted with form I-485, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.
I found that I indeed calculated household size wrong. I skipped over all of the extra family member info that weren't relative to me but missed box 28, where I should have entered "1" for my wife. When I looked the form over, my mom's household size looked correct because she is divorced and has no dependents. I didn't realize that by her sponsoring my wife, my wife automatically becomes her dependent as is calculated as a part of her household.
My mom's income is around $70,000 each year, and I submitted three years of tax returns (and supporting documents) to show that, but I suspect that USCIS sent the "did not meed 125% of the poverty guideline" letter because in order to calculate the required income, household size needs to be correct. As long as household size is invalid, income will automatically be invalid.
Am I thinking in the right direction? I feel like the reasoning is sound, but I want to be certain moving forward that I'm not making any more mistakes and I don't really want to pay a lawyer to answer a few questions.
Can anybody speak to this? Also, assuming I'm moving in the right direction, what evidence should I submit? For the household number part they just want page 4 of I-864. If this solves both problems, do I need to submit more evidence for the income side of it? From what I can see there is no problem with the required income.
