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Hi everyone,

I'm having an issue that I hope you guys can help me with. Here's the story:

My husband and I were married in April, we sent off the AOS packet in late April and got the NOAs for AP/EAD and the i485 on May 4th. In the packet I included a letter from my employer stating my salary (which was way over the 125% poverty line), position, date hired, etc. and I included pay stubs from August 2014 to the week it was mailed to prove my wages and tax docs for 2012, 2013 & 2014.

About 3 weeks after mailing it, my company laid me off. I am currently in the process of finding a new job, which just adds an extra layer of stress to all of this.

On May 22nd, we got notice of an RFE and just got it in the mail today. They RFE states that my i-864 does not meet the 125% guideline (which it did), that I needed to send tax documents (which were sent) and that my husband needed to send in a valid copy of his birth certificate - we sent an original "long form" copy with the seal and signature.

I really don't know what to do. Because of my lack of employment at this moment, I cannot sponsor him anymore and obviously won't be able to mail in the required paperwork that they are asking for in the RFE (which, I'd like to add, is so frustrating because I followed the guides on here precisely so I'm not sure what their issues were with it).

So here are my questions: In regards to the birth certificate, do we just send another original copy - the same as what we already submitted? I'm not sure what else they want with that? He was born in the UK, so it's in English. And it was a certified, long form copy that had a seal and a signature.

About the sponsorship, my husband has liquid assets and I read on here that he can use those assets to "self sponsor" if they are something like 5x the poverty line - which isn't a problem. He has that amount for sure. But at this point, I'm not sure how we could send that in with the RFE. What would he need to show? Copies of bank statements? He obviously doesn't have US tax returns to show. Would we need to fill out a new i-864?

I'm so confused and stressed more than words could possibly describe. Any help would be so greatly appreciated. Thank you!


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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He can't self-sponsor. You, as the petitioner and the spouse, are the primary sponsor, even without a job. His assets can be added to your I-864. Go back and read the I-864 instructions where it discusses assets of the intending immigrant. They explain it well and retelling briefly like people do in posts can leave details out. Page 7

Instructions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

So that would mean a new I-864 to include the total amount of assets to the household income.

Read the instruction section about using assets. Page 7 "Total Value of Assets." It's not what you "heard"... Something like 5x. Read it from the source and know the answer for positive.

Still trying to figure out your RFE. You said you sent "tax docs". Maybe they were not the right ones. Can you be very specific.

Was it

IRS tax return transcript?

ITS tax account transcript?

Form 1040

form 1040A

Schedule A ?? B? C?

W2?

1099- MISC?

I often suspect people get the tax return part wrong is why I am digging. Because if that is the problem, even if you add assets, you still have a problem with the tax return requirement.

Hey don't stress over this. You have plenty of time to turn this RFE around. He's here and not going anywhere. It's not the K1 where an RFE keeps you separated.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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What tax transcript is best to send with your AOS packet? The IRS website gives you like 4 options to choose from.


-Christopher (P/USC)

Removal of Conditions Timeline

  • 11 SEPTEMBER 2017 (MONDAY) - FILE I-751 TO CALIFORNIA SERVICE CENTER

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He can't self-sponsor. You, as the petitioner and the spouse, are the primary sponsor, even without a job. His assets can be added to your I-864. Go back and read the I-864 instructions where it discusses assets of the intending immigrant. They explain it well and retelling briefly like people do in posts can leave details out. Page 7

Instructions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

So that would mean a new I-864 to include the total amount of assets to the household income.

Read the instruction section about using assets. Page 7 "Total Value of Assets." It's not what you "heard"... Something like 5x. Read it from the source and know the answer for positive.

Still trying to figure out your RFE. You said you sent "tax docs". Maybe they were not the right ones. Can you be very specific.

Was it

IRS tax return transcript?

ITS tax account transcript?

Form 1040

form 1040A

Schedule A ?? B? C?

W2?

1099- MISC?

I often suspect people get the tax return part wrong is why I am digging. Because if that is the problem, even if you add assets, you still have a problem with the tax return requirement.

Hey don't stress over this. You have plenty of time to turn this RFE around. He's here and not going anywhere. It's not the K1 where an RFE keeps you separated.

Thanks Nich-Nick for responding, as usual ;)

Sorry for the tax confusion - let me confirm, I sent in copies of my IRS tax return transcripts for 2012, 2013 and 2014 that I downloaded off the IRS website. Were those the incorrect ones to send in? I know 2013's was cutting it close because I got laid off that year (sigh) but 2012 & 2014 were definitely above the 125%.

As for the i-864, I did read the instructions and understand that I can include his assets - I think "self sponsor" was the wrong term I used, my fault. Anyway, I didn't include his assets in the application because I genuinely thought that we were going to be OK with this. The reason why I'm asking now is because I just wanted confirmation from people who might've used their spouse's assets when filing AOS - sometimes it makes me feel better if I have confirmation from someone who's actually done it, know what I mean? I was just looking to see what other users have done in this situation - did they send bank statements going back 2 years? 5 years? Anything other than print outs? Would he need something notarized from his bank?

Sigh, I know we have 80 days left to get it all straightened out - but still, so stressed!!


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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Yes. The tax return transcripts are correct with no additional pieces to the tax part. So why the heck did that say you need a tax return? Doesn't this just sound like somebody got their wires crossed and sent you that RFE in error? Maybe it was intended for somebody else? Coming this soon, it sounds like more of checking the packet for basic things that should be in there, rather than actually evaluating your income by an adjudicator.

Have you considered an info pass appointment where you can talk to a real person? Do you have a photocopy of your submission to show so they can see it was correct stuff?


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Yes. The tax return transcripts are correct with no additional pieces to the tax part. So why the heck did that say you need a tax return? Doesn't this just sound like somebody got their wires crossed and sent you that RFE in error? Maybe it was intended for somebody else? Coming this soon, it sounds like more of checking the packet for basic things that should be in there, rather than actually evaluating your income by an adjudicator.

Have you considered an info pass appointment where you can talk to a real person? Do you have a photocopy of your submission to show so they can see it was correct stuff?

Wouldn't that be crazy if that's what it was - the RFE sent in error or to the wrong person? Chances of that are slim, I'm sure.

I really have no clue what type of birth certificate they're requesting if the the official certified long form copy one we sent in wasn't good enough. We did make copies of everything - not sure if I made a copy of the transcripts though. I might have the files on my computer, I'll dig and search.

I have the RFE in front of me and it states that my federal income tax return does not exceed 125% of the poverty guideline - I checked my numbers 10x on my returns to make sure the 125% was met and while it's only 6-7k higher since I started working in August of last year it was still above the 125% required. It also states that although I have the salary that I make (made) listed on the i-864 there's no evidence provided. I submitted a letter of employment from my boss (which listed the date I started, nature of my job, annual salary, etc.) and pay stubs from August to end of April (so almost 9 months worth of stubs) as evidence of my employment/salary...not quite sure how they would miss that in the packet. Looking back, I wish I would've listed my husband's assets in the i-864, maybe this could've been avoided.

Thank you for the suggestion, just made an infopass appointment for the 16th :(


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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The real problem is that you don't have that current income anymore. Assest is really difficult to prove its origin, especially it is overseas.

InfoPass will not help with RFE. It is time to look for joint sponsor.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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I'm hoping the info pass will help explain the RFE a little bit - at least the birth certificate issue.

Can I ask how assets can be hard to prove? They're all liquid and have been his and in his respective bank account for years. So he can without a doubt prove they are his funds, even the origins of them.


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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I'm hoping the info pass will help explain the RFE a little bit - at least the birth certificate issue.

Can I ask how assets can be hard to prove? They're all liquid and have been his and in his respective bank account for years. So he can without a doubt prove they are his funds, even the origins of them.

One more thought. Does Line 22 of the tax return (1040) show you are over? That's the one they go by.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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One more thought. Does Line 22 of the tax return (1040) show you are over? That's the one they go by.

Hmmm, from other posts I read on here (that I guess are wrong haha) when I was putting everything together, I thought they looked at gross income?

I'll dig up my returns and check that out...thanks for the info. Out of curiosity, what happens if that number is less than what's required?

Edited by TheAndies

K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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Hmmm, from other posts I read on here (that I guess are wrong haha) when I was putting everything together, I thought they looked at gross income?

I'll dig up my returns and check that out...thanks for the info. Out of curiosity, what happens if that number is less than what's required?

Well it is a gross income of sorts but on the tax return (if you did Form 1040) the line is called Total Income and is Line 22. Just double checking details.

If a sponsor does not make enough, they can get a joint sponsor to also do an I-864. Or in your case, you said your husband has in excess of approx. $100K to contribute as assets. Approx $60k is enough for two people when it is the wife sponsoring her husband (3x poverty level0.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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They should go by your current income and proof of that with the letter from employer and pay stubs, since you are not self-employed.

However, you now have no current income, so that doesn't matter anymore. List the intending immigrant's assets, and provide the last 12 months of bank statements to prove the amount you list.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hi again - I thought I would give an update (and honestly, I have another question).

My husband and I went to an infopass appointment and the immigration officer was super helpful and went through everything with us. So we're pretty set with how we need to respond to it in regards to assets and whatnot.

But now I have a couple questions: I just found out today that I got a new job (yay!), full time staff position - no longer freelance/self employed. I got an offer letter on company letterhead, signed by the HR director listing the salary (way over the 125%), benefits, start date, everything.

Can I include that offer letter as proof of new employment with the RFE (the RFE was for i-864, not meeting the 125% etc.) Just to show I'm now working? Also, stupid question - the offer letter is made out to "Andie" but my full name is "Andrea" - would that be a problem at all?

And finally - now that I have full benefits, can I put my husband on my health insurance plan? He doesn't have EAD/AP yet, but has a SSN and I want to make sure he's covered if it's allowed.

As always, thank you so much!! :)


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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