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Income over Poverty Line but RFE for Joint Sponsor??

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Filed: K-1 Visa Country: Spain
Timeline

This may end up being more of a rant than asking for advice. We just got a RFE (or RFI, I suppose) asking for a joint sponsor or proof of assets. My income is well above the poverty line, but I just started work last summer. The income I made since starting my job (for half a year, basically) is STILL over the poverty line. Previously, I was living with my husband in his country working abroad so, even though I still submitted 3 years of tax returns, they reflect very little US income.

I have someone I can ask to be my joint sponsor but I am so confused...why is this happening? I searched for information for HOURS to be sure that current income over poverty line=it's ok that past tax returns are not over the poverty line. Is this not the case? Why do they even bother asking for current household/individual income if they are going to reject you based on previous tax returns? Wouldn't current income and a job contract be better than only tax returns?? GRRRRRR!!

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Filed: K-1 Visa Country: Spain
Timeline

Responsible? In what way? Proving you have 19K of income for 2 people doesn't sound responsible to me at all.

I have income and a contract. There is nothing short term about my work.

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Filed: Other Country: Canada
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Responsible? In what way? Proving you have 19K of income for 2 people doesn't sound responsible to me at all.

I have income and a contract. There is nothing short term about my work.

You have only had the income short term. Just accept it.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

A contract? So you are self employed or a wage/salary earner?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: Spain
Timeline

I'm a teacher. I have a contract from the school district.

It's not that I don't "accept it", I just don't understand it. There doesn't seem to be any real rationale. I called NVC and they just kept saying they "couldn't comment". Such a waste of time.

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Filed: AOS (apr) Country: Cyprus
Timeline

I am self employed and had an RFE also but made over the limit. The RFE mentioned assets and joint sponsor more as a general option

but I chose to submit more evidence and that was accepted.

I submitted :

Tax transcripts

Business ledger projected income

Letter explaining why I project that much

Professional business license

I don't know if you are self employed or a contractor or an employee but if you clarify that you would get better advice.

List what items you submitted and see if you could just add more like I did.
If you are employed then perhaps you did not think of an important piece of evidence, so be more specific of what you already have.

* Just saw your post that you are a teacher but what exactly did you submit ?

Edited by Ebunoluwa
Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Spain
Timeline

I'm a teacher. I submitted past 3 years tax returns (with only summer part-time work income...I was teaching in Spain and earning euros), all pay stubs up through time of submission (mid-January), a copy of my contract and a letter from my employer stating that I was an employee in good standing. I also submitted a letter explaining that I did have income that was earned abroad and showing my bank statements of earned income. I don't think I'm going to be able to add anything else....

Again, I get that I "can't win" here against the government but I just can't wrap my head around this. I think it's ridiculous that someone with a steady job that meets income requirements could be forced to use a joint sponsor. I will do it but I'm mortified to ask my family for this kind of help.

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Filed: AOS (apr) Country: Cyprus
Timeline

I'm a teacher. I submitted past 3 years tax returns (with only summer part-time work income...I was teaching in Spain and earning euros), all pay stubs up through time of submission (mid-January), a copy of my contract and a letter from my employer stating that I was an employee in good standing. I also submitted a letter explaining that I did have income that was earned abroad and showing my bank statements of earned income. I don't think I'm going to be able to add anything else....

Again, I get that I "can't win" here against the government but I just can't wrap my head around this. I think it's ridiculous that someone with a steady job that meets income requirements could be forced to use a joint sponsor. I will do it but I'm mortified to ask my family for this kind of help.

I understand, I was too and thank God it worked out for me.

Did you submit an official tax transcript yet for 2015 ? I don't know what else to add. Income poverty guidelines go up every March, did you

check the new guidelines ? Not by much but it's an increase.

Did you employer state that you will be with them long term ?

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Spain
Timeline

I will check into the 2015 tax transcript. We filed in January and I hadn't done my taxes yet. I was worried because the RFE states to either have a joint sponsor or use assets...it didn't leave room for me re-proving my ability to sponsor.

Thank you for your answers. I know what I have to do and appreciate your responses. I think I really just needed a place to get some sympathy from others who wish they could shout a big #### you to USCIS once in awhile!!

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Filed: AOS (apr) Country: Cyprus
Timeline

You can try like I did to send more evidence ( transcript 2015, another employer letter stating long term employment and a letter stating you do

exceed the new 2016 poverty guidelines etc.) but you run the risk of them denying without a second RFE.

It is a gamble.

I wish you the best. Update here if you are successful with additional evidence or whatever you decide.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

This may end up being more of a rant than asking for advice. We just got a RFE (or RFI, I suppose) asking for a joint sponsor or proof of assets. My income is well above the poverty line, but I just started work last summer. The income I made since starting my job (for half a year, basically) is STILL over the poverty line. Previously, I was living with my husband in his country working abroad so, even though I still submitted 3 years of tax returns, they reflect very little US income.

I have someone I can ask to be my joint sponsor but I am so confused...why is this happening? I searched for information for HOURS to be sure that current income over poverty line=it's ok that past tax returns are not over the poverty line. Is this not the case? Why do they even bother asking for current household/individual income if they are going to reject you based on previous tax returns? Wouldn't current income and a job contract be better than only tax returns?? GRRRRRR!!

I went through the same thing, I lived in my spouse's country for awhile and then came back and got a great job well over the poverty line. However, because of the financial instability in 3 years of tax transcripts (I wasn't making much living overseas) I made sure I got a joint sponsor and proceeded without any problems. I also did the same as you, I submitted my contract with my salary listed. It isn't a personal attack, they want to see stability and that you are able to support your spouse. It is very standard practice on their part. Don't waste time getting angry, get that joint sponsor's i-864 in so that you can continue moving forward.

Met in and lived in beneficiary's country 2010-2012

Applied 2012-Approved K1 in 2013 (approx 8 months Noa1-approval)- decided to postpone marriage and live together in beneficiary's country before marriage.

Married 11/30/13 -lived together until filing

Filed for K3-04/06/2015

Noa1 04/06/15

Noa2 08/06/15

NVC case # 09/18/2015-case became CR1 (it's true what they say K3 is obsolete-don't even attempt it)

Paid AOS 09/18/2015

Paid 261 09/23/2015

Sent AOS and IV packed 10/07/15

Scan date 10/08/15

DS-260 10/14/2015

11/10/2015 Found out I had a checklist

11/18/2015 Scan date for information they needed after talking to someone over the phone regarding checklist

11/19/2015 FINALLY recieved actual checklist

11/30/2015 Sent one more extra tax transcript to avoid any possible further checklists

12/16/2015 Requested an Expedite

12/29/2015 Expedite approved, case being sent immediately to Embassy/awaiting interview date

12/31/2015- CEAC shows case as IN TRANSIT

1/11/2016- CEAC shows READY

1/14/2016-Received interview date/packet-case became IR1 (married more then 2 years)

Medical Scheduled 1/22/2016

Medical Completed

Interview Scheduled 2/18/2016

VISA APPROVED 2/18/2016

2/19/2016 VISA ISSUED

3/05/2016 ENTERED USA!!!!

3/16/2016-Paid GC fee

4/25/2016-Received GC in mail!!!!

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Filed: Other Country: Canada
Timeline

I went through the same thing, I lived in my spouse's country for awhile and then came back and got a great job well over the poverty line. However, because of the financial instability in 3 years of tax transcripts (I wasn't making much living overseas) I made sure I got a joint sponsor and proceeded without any problems. I also did the same as you, I submitted my contract with my salary listed. It isn't a personal attack, they want to see stability and that you are able to support your spouse. It is very standard practice on their part. Don't waste time getting angry, get that joint sponsor's i-864 in so that you can continue moving forward.

Exactly

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

just consider yourself forunate that is was not denied / USCIS has a set of rules to follow and your employment should be continuous (at the same job / not necessarily for the same company) for a year. Just be glad it wasn't a 4 page RFE like we got . Some of the things i had to prove was "when i told my parents i would marry him", furnish death certificates for both our dads, how i met and paid for dating site.



I tried to copy and paste my RFE here but it is too big



To encourage you, we finally won our visa but i felt like i was in a fight with immigration and unfair, yes, it is unfair as illegals are treated better than going thru this long and sometimes expensive processs and i am american born and breed. this is a real rant


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This might sound naive, but would an infopass help where you could show a real live person your contract and pay stubs? Just a thought. Good Luck...

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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