AOS K1, urgent! Biometrics scheduled, got an RFE!

[NerdyGirl 16]

So, I have filled for my AOS last month, and got a biometrics appointment, which is supposed to be tomorrow. However, my husband just took the mail, and I got a letter, with yellow paper inside of it, saying:

The petitioner/sponsor on Form I-864, Affidavit of Support, must submit a complete Federal income tax return submitted to the IRS for the most recent tax year.

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.

We sent the tax returns for 2011, 2012, and 2013, which show that my husband makes A LOT more than the 125% requirement.

This is confusing. Especially, since I've been scheduled the biometrics appointment. Should I show up tomorrow?

[bublik 26]

They want you to submit taxes for 2014. I am assuming they weren't done at the time of submission, but now they should be done. They want them. Why is it strange?

About 125%- I am not sure how there could be a confusion? Either he is above it or not. Maybe you didn't account for children in the household or his kids? How many people are in your household including ALL kids either he or you are responsible for?

[JR loves JR 196]

Yes you should show up tomorrow! Since taxes for 2014 should have been filed by now, they're probably asking for you to send those in. But no matter what exactly the RFE is for, you NEED to go to your appointment. Don't miss it!

[NerdyGirl 16]

The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys.

[NikLR 13,220]

~~moved from K1 process and procedures to AOS from family based~~

[Hypnos 6,576]

Unless your biometrics appointment is at a proper USCIS office (as opposed to an ASC - which is where most biometrics appointments take place) then there is no point asking them because they will have no idea.

USCIS offices = staffed by real Immigration Officers that are federal employees.

ASC offices = staffed by contractors that are basically glorified photographers. You'd probably get better advice from asking your mailman than them.

Edited May 22, 2015 by Hypnos

[NancyNguyen 1,657]

Your RFE has nothing to do with your crucial biometrics appointment.

[NerdyGirl 16]

Hypnos, I just looked i up,

Street Address The Application Support Center that serves your area is located in Kentwood, MI.

The address is:

USCIS Application Support Center

4484 Breton Road

Kentwood, MI 49508-5270. It looks like it's an ASC office. If they can't tell me anything, I'll just call NCSC when I get back home.

Hi Nancy,

You mean, despite the RFE, they are most likely to take my fingerprints and a photograph tomorrow? Why, that would be fantastic!

[Tonester 29]

I had the same thing only I haven't got physical copy of my RFE yet and I went to have my biometrics done this Wednesday. Everything went well though I was worried too.

[NancyNguyen 1,657]

Hypnos, I just looked i up,

Street Address The Application Support Center that serves your area is located in Kentwood, MI.

The address is:

USCIS Application Support Center

4484 Breton Road

Kentwood, MI 49508-5270. It looks like it's an ASC office. If they can't tell me anything, I'll just call NCSC when I get back home.

Hi Nancy,

You mean, despite the RFE, they are most likely to take my fingerprints and a photograph tomorrow? Why, that would be fantastic!

Yes biometrics is required for most of uscis applications, RFE doesn't do anything with it.

[1stLoveRedo 111]

The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys.

Even though your husbands company will be filing return in September, his personal returns were due on 04/15/2015

So, he must have filled an extension

Send them the copy of an extension and the explanation why

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

Extensions: If you filed an extension for the most recent tax year, submit a photocopy of your IRS Form 4868 (PDF - 509 KB) or write and sign a statement indicating you filed an extension.

Good luck!

[hanniel 41]

The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys.

Jezzus. What does your husband do to make 1.5M per year if you don't mind me asking? Sounds like he has nice business going there.

[Ketsuban 1,033]

I have seen people confused on here because they make tons of money with their own business, but they also spend tons of it on expenses. For the purpose of the I-864 when it comes to people who are self-employed, the figure they need to enter would be after expenses but before taxes.

Perhaps he got caught out by that technicality if they are saying he doesn't make enough.

Or perhaps he sent in the company tax transcripts instead of his own?

[NerdyGirl 16]

They meant, since he didn't send the tax returns for the past year, we don't meet the requirements. We are working on it, so I will send it next week, because I am in a great hurry to get a driver's license, as I am completely dependent on other people if I want to go anywhere, which is frustrating.

I've had my biometrics today, it was super fast, and easy.

Hanniel, he is in the car business.

Thank you all for your responses.

[NikLR 13,220]

If he is self employed, then his tax returns are the only thing that prove his yearly income.

Edited May 23, 2015 by NLR