Brooklyn, NY asked in Immigration Law for New York

Q: Enough evidence for form I 864

We recently received a RFE letter from USCIS indicating that my sponsor does not meet the guideline of poverty. My sponsor is my husband and we came back to the US in July 2014 after many years living abroad. In December 2014 he was hired so his W2 only reflects one month of income. We submitted a copy of the W2 and his offer letter plus copies of his latest pay stubs that demonstrate that his income exceeds the government poverty line but this was not taken in consideration. My question is: Isn’t this evidence enough for proving that he can be sponsor? He also has a letter from his employer that contains the information that the RFE letter requested.

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1 Lawyer Answer
Rachel Einbund
Rachel Einbund
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Good question - Unfortunately, USCIS will not consider this sufficient evidence. USCIS is more concerned with proof of past income, rather than expected future income. You and your husband will need to find someone else (a U.S. citizen or Permanent Resident) to act as your "Joint Sponsor" and file an additional Affidavit of Support on your behalf. The new sponsor must earn above the poverty guidelines, as outlined in Form I-864P. An experienced immigration attorney can assist you in preparing the proper forms and documentation to overcome this. It must be done ASAP, because if you do not reply to the RFE on time, your case will be denied as abandoned, and you may need to apply all over again (including paying the fees). I would be happy to speak with you about this in greater detail - Please feel free to call/email me.

Best of luck!

-Rachel Einbund, Esq.

(212) 252-2125

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