Jump to content
AuroreJeremy

AOS RFE about affidavit of support

 Share

7 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: France
Timeline

Hi everyone!

I came in the US with the K-1 visa last June, got married on August 2nd and filed for AOS on August 29. I just got an RFE Request for Initial Evidence about the affidavit of support. It says that:

- I need to submit all supporting tax documentation submitted to the IRS for the most recent tax year. My husband didn't file taxes for the most recent tax year because he was a student, unemployed and his income was 0. I submitted a statement with my AOS packet explaining why he didn't file taxes because he wasn't required to do so. So what should we do? Does he have to file for 2013 anyway?

- Based on the documents submitted with form I-864 for the petitioner, the income did not meet 125% of the poverty guideline for the petitioner's household size. Submit evidence of assets that meet the standards or obtain a joint sponsor. My husband was a student until January 2014. He then started looking for a job, and he started working end of May 2014. He is making $27,040 as annual income so above the poverty guideline for a family of two. He completed form I-864 and we sent all his paystubs he's had since he started (so 3 months worth of paystubs). He doesn't have any assets. Do you think it's because he's only been working for 4 months now that they want me to find a joint sponsor? I thought it would be fine because I read before that it is the current situation that matters.

Thank you for your help!

N-400:

08/22/2020: filed online/NOA1

09/04/2020: biometric reuse notice
07/07/2021: interview scheduled

08/11/2021: interview —> approved/oath scheduled 

08/26/2021: oath ceremony 🇺🇸

 

Passport:

09/08/2021: application mailed (routine service)

09/14/2021: application received (locator #74)

10/23/2021: passport book received

10/29/2021: naturalization certificate received

Link to comment
Share on other sites

Filed: Citizen (apr) Country: France
Timeline

Didn't you need a co-sponsor for your K-1? I believe that since he didnt file taxes and only worked 4 months he still needs a joint sponsor.

Thank you for your response. We used a co-sponsor for my K-1, but he's going through a divorce and I haven't been able to get in touch with him. He's the only person we know that could be my joint sponsor. So I guess we'll keep trying to get in touch.

What about the 2013 tax documentation for my husband though? Do we send again the explanation as why he didn't file cause he wasn't required? I read the I-864 instructions again and it says to attach a written explanation if he wasn't required to file. We already did that, so I'm not sure of how to respond to that part of the RFE. Thank you again.

N-400:

08/22/2020: filed online/NOA1

09/04/2020: biometric reuse notice
07/07/2021: interview scheduled

08/11/2021: interview —> approved/oath scheduled 

08/26/2021: oath ceremony 🇺🇸

 

Passport:

09/08/2021: application mailed (routine service)

09/14/2021: application received (locator #74)

10/23/2021: passport book received

10/29/2021: naturalization certificate received

Link to comment
Share on other sites

  • 4 weeks later...
Filed: AOS (pnd) Country: Philippines
Timeline

We are on the same boat right now. Have you responded to your RFE already? Mine is like yours. Please give me an update what did you submit?

AOS TIMELINE FROM K1:

Sep- 20- 2014 - AOS sent to Chicago ( delivered sept 22 )

Sep -26- 2014 - USCIS texts/emails received with case number

Sep -30- 2014 - Hard copies of NOA-1 received in the mail

Oct -10- 2014 - Biometrics letter received (Appointment on Oct 24)

Oct -17- 2014 - RFE Letter (Request for Initial Evidence) :(

Oct -24- 2014 - Biometrics Done (4mins)

Oct -31- 2014 - Sent response to RFE (Priority Mail)

Nov -03- 2014 - USPS delivered to 64063

Nov -05- 2014 - Case Status is RFE Response Review :(

Jan -07- 2015 - Received a text saying New Card was being Produced (EAD/AP)

Jan -08- 2015 - Received another text saying Card was Ordered to be Produced

Jan -13- 2015 - Received a text saying USCIS mailed my new card(EAD/AP)

Jan -15- 2015 - EAD/AP Combo Card received in the mail

Jan -16- 2015 - Approval Notice or I-797 Notice of Action I-131 (AP) received in the mail

Feb-18-2015 - Received Potential Interview Waiver Letter from USCIS

July-11-2015 - Received E-mail & Text saying New Card is Being Produced (AOS)

July-13-2015 - Received E-mail & Text saying Welcome Notice Was Mailed

July-19-2015 - Hard Copy of Welcome Notice received in the mail (AOS Approved)

Aug- 03-2015 - Received my Green Card... ?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: France
Timeline

Haha I just answered your other post!! :)

I haven't responded yet because I'm waiting for my joint sponsor to give me the affidavit of support and supporting documents. I'm going to submit: my husband's affidavit of support, paystubs and a statement explaining why he didn't file taxes in 2013 (wasn't required to because his income was O). And my joint sponsor's affidavit of support with paystubs/letter of employer, most recent tax return and proof that he is a USC. Hope it will work!!

Edited by AuroreJeremy

N-400:

08/22/2020: filed online/NOA1

09/04/2020: biometric reuse notice
07/07/2021: interview scheduled

08/11/2021: interview —> approved/oath scheduled 

08/26/2021: oath ceremony 🇺🇸

 

Passport:

09/08/2021: application mailed (routine service)

09/14/2021: application received (locator #74)

10/23/2021: passport book received

10/29/2021: naturalization certificate received

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

You can either send another statement that lets them know you were not legally required to file taxes for 2013 according to IRS Pub 17 because the income was below the gross income filing threshold, along with a letter from employer and recent pay stubs to prove current income, or provide all that plus a joint sponsor's documentation.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Citizen (apr) Country: France
Timeline

You can either send another statement that lets them know you were not legally required to file taxes for 2013 according to IRS Pub 17 because the income was below the gross income filing threshold, along with a letter from employer and recent pay stubs to prove current income, or provide all that plus a joint sponsor's documentation.

Thank you for your response! I have a joint sponsor now so I'm going to send my husband's affidavit of support and supporting documents + my joint sponsor's documentation.

N-400:

08/22/2020: filed online/NOA1

09/04/2020: biometric reuse notice
07/07/2021: interview scheduled

08/11/2021: interview —> approved/oath scheduled 

08/26/2021: oath ceremony 🇺🇸

 

Passport:

09/08/2021: application mailed (routine service)

09/14/2021: application received (locator #74)

10/23/2021: passport book received

10/29/2021: naturalization certificate received

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...