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RFE: Joint Sponsor Household Size and Income Incorrect

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  • RFE: Joint Sponsor Household Size and Income Incorrect

    I am a US citizen joint-applying I-130 and I-485 with my wife who is a Chinese citizen.

    I got a request for initial evidence back from USCIS with two pages.

    The first page says, "The sponsor's household size on the joint sponsor form I-864, Affidavit of Support, was calculated or not completed. A household size of 0 or 1 is not acceptable."

    The second page says, among other things, "Based on the documents submitted with Form I-864, Affidavit of Support, for your joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size."

    I know that my mother (the joint sponsor) and I calculated household size wrong. After all of the 'additional family members' part we didn't fill in box 28, but nothing seemed wrong because the household size was 1, and my mother is divorced with no dependents. I realize now that by sponsoring my wife, my mom automatically has to count her as a dependent, making a household size of 2.

    As for the second page, I have to assume that because the required income is dependent on household size, if household size is calculated incorrectly the income automatically becomes invalid. I can't find any errors in the calculation of income, which is about three times the required 125% of poverty.

    I would like to know a few things. First, am I on the right track? Also, what should I send back? The first letter requests that I fix the household size and re-submit page 4 of I-864, which is easy. But if correcting the household size corrects for everything, what evidence should I send with the second letter?

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