RFE i-864, joint sponsor questions

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miami_boy

Registered Users (C)
hello, i just got the RFE notice, saying based on the documents submitted with Form I-864, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

According to my spouse's 2012 tax return, her gross income was 19,114$ which is 273$ less than 125% of the poverty line for a household of 2 persons. However, she started a new job january 2013, and her current individual income is approximately 31,000$ a year. This is the number we put in part 6 question 10 of I-864 form - current annual household income. The form says that this number will be compared to poverty guidelines.
We have submitted my spouse's employer's letter, stating her current annual income -31k $ as well as pay stubs for past 6 months (jan-june, by july she already had made over 15K)

For some reason, uscis guys were not satisfied with the documents provided to them, and instead of asking for additional evidence (hm, what would it be, if we already sent them pays stubs and employer's letter?) they are asking for a joint sponsor or any assets to cover the difference.

We have found a joint sponsor to help us out. The problem is she just filed her taxes a few days ago, so she doesn't have a tax return yet. Do we have to wait for IRS to accept and process her tax return first? in other words, should we wait for IRS to issue a tax refund check for her (if they owe her any money of course) or we can submit to USCIS all the forms like 1040, etc that she had filled out already when filing them to IRS?

Most importantly, has the joint sponsor fill out a separate I-864? If so, what would be the difference from i-864 my spouse had submitted earlier? I mean part 1 would say I'm the only joint sponsor instead of I'm the petitioner, then goes info on principal immigrant (me, stays as it is), then part 3 stays as it is as well, since i'm the only one principal immigrant, part 4 - i would put the joint sponsor's info instead of my spouse's info, part 5 - the household size is still 2, right? Me and a joint sponsor (she is single, no kids, no other dependants)? Is my spouse counted?
then in part 6 i would use my joint sponsor's income amount. Do i understand everything right? thanks!
 
If $273 is the income shortfall, see if you can use assets to make up the difference.

For marriage to a US citizen, every $3 of assets covers $1 of income shortfall. So you only need $273 times 3 = $819. You can add your own assets if her assets alone aren't enough.
If your wife is not a US citizen, the ratio is 5 to 1, so that would be $1365.

If you have the money, file a new I-864 with the assets listed and proof of it. Include a cover letter explaining that her previous year's income of $19114 is enough to meet the requirements when combined with the $xxxx of assets, and re-emphasize that her current income is $31000.

Make sure you're not undercounting household size; if she filed I-864 before for another relative before, they may have to be added to your household size.
 
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we both own a car, can we use its value as an asset?
we don't own a property, or stocks/bonds, and she is sharing her bank account with her mom
or maybe i can use my bank account balance?

oh, she is US citizen, never filed i-864 before.
 
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so basically i just have to have at least 819$ in my bank account to get qualified, right?
what kind of evidence will they need then? bank statements? brief ones with only balances/deposits/withdrawals or detailed ones with all the transactions listed?

will internet print-outs be fine? since i dont have paper statements
 
miami_boy
You would need joint sponsor for 2012. Shortfall of $ 273.00 in 2012 cannot be compensated by earning more in 2013. Either include assets and come up for difference in 2012 or get new joint sponsor.
 
miami_boy said:
so basically i just have to have at least 819$ in my bank account to get qualified, right?
what kind of evidence will they need then? bank statements? brief ones with only balances/deposits/withdrawals or detailed ones with all the transactions listed?
Click to expand...

Summary statements showing the balance at the end of each statement period would be good enough. Bring the latest 3 months worth of statements plus a letter from the bank stating your current balance and when you opened the account, or 12 months of statements.

will internet print-outs be fine?
Click to expand...

That is fine. But since you don't have a bank-printed statement it would help if you got a notarized letter from the bank stating your current balance.
 
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