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Saintdog

I-485 Keeps Getting Rejected

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Filed: K-1 Visa Country: Philippines
Timeline

I made 62,000 last year and they have rejected my information because "Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household size."

The poverty guidelines shows the following:

  • $11,880 for individuals
  • $16,020 for a family of 2
  • $20,160 for a family of 3
  • $24,300 for a family of 4 ​(I made $62,000. How is this not 125% of the poverty guideline?)
  • $28,440 for a family of 5
  • $32,580 for a family of 6
  • $36,730 for a family of 7
  • $40,890 for a family of 8

The funny thing is I made less the previous year when i petitioned to get her here. My income went up and now they're saying I don't make enough??? Anyhow this process has been less than smooth. The first time they rejected the whole application for AOS because I "mailed in the wrong amount". I proved indeed we paid $1070 and they admitted an error on their part. Now this! Please help she is dying to work and I don't want to go and inconvenience someone else to be a co-sponsor when I in fact, can support her and my two children. I've tried calling but all they want me to do is resend all the information THEY ALREADY HAVE!!!

TIA!

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Filed: K-1 Visa Country: Philippines
Timeline

I sent in tax documents, retirement accounts, bank accounts, etc. Now thy're asking for all the same stuff they already have but now have to reprint it all to show for this month going back.

Question, doesn't my income stated on my tax returns suffice the poverty guideline? Why do I need to reprint ALL the other supporting documents?

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Filed: K-1 Visa Country: Philippines
Timeline

And I read somewhere that the retirement account type stuff has to be valued at over 5 times the poverty guideline and mine doesn't have that much. Do I need to even bother? Just seems like they want more information than what's needed. I made more than enough shown on my federal tax returns, what's the deal?

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

You sent in either tax transcripts or 1040's + W-2's (for 2015)? Are you still working in the same job now that you were before?

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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Filed: Citizen (apr) Country: Nigeria
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I made 62,000 last year and they have rejected my information because "Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household size."

The poverty guidelines shows the following:

  • $11,880 for individuals
  • $16,020 for a family of 2
  • $20,160 for a family of 3
  • $24,300 for a family of 4 ​(I made $62,000. How is this not 125% of the poverty guideline?)
  • $28,440 for a family of 5
  • $32,580 for a family of 6
  • $36,730 for a family of 7
  • $40,890 for a family of 8

The funny thing is I made less the previous year when i petitioned to get her here. My income went up and now they're saying I don't make enough??? Anyhow this process has been less than smooth. The first time they rejected the whole application for AOS because I "mailed in the wrong amount". I proved indeed we paid $1070 and they admitted an error on their part. Now this! Please help she is dying to work and I don't want to go and inconvenience someone else to be a co-sponsor when I in fact, can support her and my two children. I've tried calling but all they want me to do is resend all the information THEY ALREADY HAVE!!!

TIA!

You are listing the active military guidelines are you still in the military? $62,000 is more than enough for family of 4 you need to make $30,375.

But looking at what you are stating you mention you made $62,00 but you list retirement funds. (I assume like 401K and such that assets.and need to be 3 times the amount.

I think what happened is you are trying to do 2 things. If your salary what you make is $62,000 there is no need to list assets you make above the guidelines. Resubmit and send them Tax transcripts for 2015 like they say.

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Filed: K-1 Visa Country: Philippines
Timeline

I have the same job for 2015. I have my tax returns reprinted (turbo tax) and mailing out today. The funny thing is we already mailed these in (we triple check everything before we send)

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

If you're mailing tax returns, you have to mail your wage statement/W-2/1099 with it also. If you don't have those, it's best to send the tax transcript, which you can get for free.

(Just a note: If you're not working the same job as of today that you were working for your 2015 taxes, you'll have to submit more evidence.)

Edited by B&Z

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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

You need a letter from your employer stating your current salary and you'll want to include copies of all of your pay stubs since you started (6 months is usually recommended, but you started more recently than that). This is if your current job exceeds the poverty guidelines.

Edited by B&Z

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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Filed: K-1 Visa Country: Philippines
Timeline

I am commission based sales, I don't have a salary or an hourly wage


Did you send in the tax documents from the IRS showing that you filed?

Yes I sent in my W2 and my filed return

Edited by Saintdog
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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Since you changed jobs so recently and have no proof of current income, it looks like you'll need to either prove that you have enough assets to exceed the poverty guidelines or you'll have to get a joint sponsor. Previous tax returns are no good to you if your job situation has changed since filing.

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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