Received RFE need help! AOS

[jb2015 0]

Hey VJ

Today we received a request for initial evidence (I-485) letter. It seems like a pretty standard letter that gets generated so all it stated was that based on the documents submitted with form I-864 affidavit of support the petitioner/spouse income did not meet 125% of the poverty guideline.

Now just to clarify why we are confused, my husband the petitioner as of today date income does exceed the poverty guidelines and is more than 125%. We provided 6 months worth of payslips, letter from employer to confirm this..

His tax return for 2015, 14 & 13 however did not need the poverty guidelines as he was not working full time like he is now (as he was coming back and fourth to see me etc).

He has been in his current job for almost a year so I'm not sure what to do about this letter. It asks for evidence of assets (none of which we put down on the form) or it asks for a joint sponsor. We can prob get the sponsor but it just frustrates me that they don't make this very clear that it's not about his CURRENT income it's about his previous income. Is anyone or has anyone gone through this before and are there any other options?

Thank you

[Harpa Timsah 13,258]

What did the letter from his employer say? You don't need to send 3 years worth of tax returns so I am not sure why you did, since it looks unfavorably anyway (you only need to disclose the yearly amount where they ask). Are you sure they were complete?

[KayDeeCee 4,891]

Yes, what exactly does the RFE say? Does it state that you need to submit the most recent tax return?

[jb2015 0]

What did the letter from his employer say? You don't need to send 3 years worth of tax returns so I am not sure why you did, since it looks unfavorably anyway (you only need to disclose the yearly amount where they ask). Are you sure they were complete?

Yeah I think your right we shouldn't have given the three years worth of tax returns.

The letter basically confirmed he is employed at his job, how long he has worked there and the current annual income he makes.

[jb2015 0]

Yes, what exactly does the RFE say? Does it state that you need to submit the most recent tax return?

It doesn't mention anything about the tax return just says quote

"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/spoilers household size.

It then goes on to say submit evidence of assets that meet the standards or provide a joint sponsor.

[jb2015 0]

Do you think it's worthwhile calling tomorrow to get more information?

[EM_Vandaveer 2,366]

Do you think it's worthwhile calling tomorrow to get more information?

No, they do not give out personalized advice.

[KayDeeCee 4,891]

It is mostly about current annual income. That is the most important factor, but they do look at the totality of your case. It would have been best not to include 3 years of tax returns that did not meet the income requirement. Hindsight though...

They are supposed to request evidence of current income if the total income from the tax return(s) do not meet the income requirement. Then a letter from employer, pay stubs, or other financial documentation can be used to show that their current income does in fact meet the 125% requirement. Perhaps they just looked at the taxes and then did not bother to even look for additional evidence of current income.

Point it out to them. You will need to supply a new letter from the employer, stating it is a permanent position, what the position is, and his salary. Provide the last 6 months of pay stubs, and highlight the hourly, weekly/bi-weekly and YTD pay. Perhaps even 6-12 months of bank statements, highlighting his pay deposits. He can include a statement that he had been working part time because he was traveling in and out of the country for a couple years. Have him point out that he has had a permanent full time job for almost a year now, and is making more than enough to meet the current annual income requirement for his household size, and is able to sponsor his wife.

If you do not feel comfortable that it will work and satisfy the RFE, then get a joint sponsor.

[jb2015 0]

It is mostly about current annual income. That is the most important factor, but they do look at the totality of your case. It would have been best not to include 3 years of tax returns that did not meet the income requirement. Hindsight though...

They are supposed to request evidence of current income if the total income from the tax return(s) do not meet the income requirement. Then a letter from employer, pay stubs, or other financial documentation can be used to show that their current income does in fact meet the 125% requirement. Perhaps they just looked at the taxes and then did not bother to even look for additional evidence of current income.

Point it out to them. You will need to supply a new letter from the employer, stating it is a permanent position, what the position is, and his salary. Provide the last 6 months of pay stubs, and highlight the hourly, weekly/bi-weekly and YTD pay. Perhaps even 6-12 months of bank statements, highlighting his pay deposits. He can include a statement that he had been working part time because he was traveling in and out of the country for a couple years. Have him point out that he has had a permanent full time job for almost a year now, and is making more than enough to meet the current annual income requirement for his household size, and is able to sponsor his wife.

If you do not feel comfortable that it will work and satisfy the RFE, then get a joint sponsor.

Thanks KayDeeCee its abit disappointing but I think I'll do the joint sponsor that way they don't waste anymore time.