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Hi y'all! I'm second guessing my RFE response. 

It was received on February 2nd and USCIS updated my status and it is currently under review. 

 

The yellow slip asked the following

-tax returns with W2s and schedules. I had forgotten the W2s the first time. 

I sent all that. 

- wrong household size. I fixed it. 

 

 

Then it said that my sponsor (husband) doesn't meet the income requirements, when he's actually 5,000 over the minimum. 

They asked for assets or joint sponsor. But my husbands income is well enough. 

So i sent 6 months of pay stubs, employment letter which states yearly gross income, and other job info 

I called USCIS about it to make sure, they couldn't tell me much other than to prove that my husband makes enough. 

I also sent W2s for 2016, we hadn't filed yet, but his income for 2016 is over the guidelines so I thoughts it'd be a good idea to send them. 2015 tax returns wasn't enough but 2016 is, and current income is also well over. I printed the 864p with the guidelines on them and highlighted the number that matches our situation 

What do you guys think? Thanks. 

 0
Edited by Mthldou

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Could it have been the incorrect household size that put him under the limit?

Edited by Cheezees

 

 

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Just now, Cheezees said:

Could it have been the incorrect household size that out him under the limit?

 

Just now, Cheezees said:

Could it have been the incorrect household size that out him under the limit?

That's what I'm thinking. Actually, the first time I put size "1" which isn't possible. Our household size is 2 which I corrected so hopefully now that they have the right household size they can match it with the proper income. 

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9 minutes ago, Mthldou said:

Hi y'all! I'm second guessing my RFE response. 

It was received on February 2nd and USCIS updated my status and it is currently under review. 

 

The yellow slip asked the following

-tax returns with W2s and schedules. I had forgotten the W2s the first time. 

I sent all that. 

- wrong household size. I fixed it. 

 

 

Then it said that my sponsor (husband) doesn't meet the income requirements, when he's actually 5,000 over the minimum. 

They asked for assets or joint sponsor. But my husbands income is well enough. 

So i sent 6 months of pay stubs, employment letter which states yearly gross income, and other job info 

I called USCIS about it to make sure, they couldn't tell me much other than to prove that my husband makes enough. 

I also sent W2s for 2016, we hadn't filed yet, but his income for 2016 is over the guidelines so I thoughts it'd be a good idea to send them. 2015 tax returns wasn't enough but 2016 is, and current income is also well over. I printed the 864p with the guidelines on them and highlighted the number that matches our situation 

What do you guys think? Thanks. 

 0

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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5 minutes ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Thanks for your response! That was my thoughts as well. I think I sent enough info. Too much is Better than not enough. I put "1" as th household size and they sent me the RFE (makes sense of course) since our household size is 2. 

His income is $25k yearly and the threshold is 20k or just above i believe. Hopefully that's enough for them. 

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23 hours ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

My RFE was received on the 3rd. Case status says RFE received. 

Do you what the next step is? 

Will they send me anything by mail? 

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23 hours ago, Mthldou said:

Thanks for your response! That was my thoughts as well. I think I sent enough info. Too much is Better than not enough. I put "1" as th household size and they sent me the RFE (makes sense of course) since our household size is 2. 

His income is $25k yearly and the threshold is 20k or just above i believe. Hopefully that's enough for them. 

 

23 hours ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Do they look at gross income or net after benefits ? 

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29 minutes ago, Mthldou said:

My RFE was received on the 3rd. Case status says RFE received. 

Do you what the next step is? 

Will they send me anything by mail? 

Just wait lol sorry :P


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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20 minutes ago, Mthldou said:

 

Do they look at gross income or net after benefits ? 

 gross income...   :)


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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On 2/20/2017 at 5:33 PM, Mthldou said:

Would it be a good idea to send 2016 tax return? After sending the RFE response? (They haven't taken action on my case)!

If they send you another RFE about the same issue you can respond with 2016 tax return, otherwise no. 

 

When you get called for an interview you will bring the latest tax return.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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On 2/8/2017 at 11:25 AM, Cheezees said:

Could it have been the incorrect household size that put him under the limit?

Hi!!

so could you update us on what happened please? I am in the same situation, we made a mistake on the household size (left it blank, oups). Received a yellow letter asking to send page 4 of form I-864 again (sending now), Tax Return (sending now), supporting Tax documentation (W2s) (sending now), and evidence of assets because income did not meet 125%.

Basically now that the household size (2) is correctly indicated on the form and since we are sending tax documents again will the income (about 50k) be reevaluated against the poverty guideline (20k for a household size of 2)? So, if I send all of the elements again and omit to provide the last part about the assets, will be be ok this time around or are they expecting this asset evidence anyway?

 

Also, in the new cover letter describing the contents of this small new package should I just omit to mention the assets part or should I explain that I believe the household size of 2 and poverty limit of 20k for an income of 50k does not require us to provide additional assets? I don't want to seem to the officer handling my case that I am some sort of know-it-all but on the other hand I don't want it to look like we forgot to consider one part of the yellow letter..

 

Thanks for your advice, I do not want to hinder my application by omitting to send in something as important as this but it seems redundant now since I corrected the household size..

I hope I'm explaining this clearly enough.. Thanks

Edited by Gwendal
Clarity

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I really wish people would search this forum a bit more before asking the same question which has been answered over and over and over. I really don't mean to be rude in any way. It's just that I seem to write this at least twice per day: The statement that you don't meet 125% of the income requirement, will be indicated ANY time something else is wrong or missing. It is an automatic consequence of not providing all the (or not in the correct way) information/evidence that is asked for. So, IF you know that you are over, then all you need to do is submit the evidence/corrected forms which they are looking for.

 

In addition to that please read and double check i-864 according to this: https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864 (13a-c refered to in the article is from an old form version and is equivalent to19a-c in the current form version)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Thank you so very much!

I apologize for asking a redundant question, but I assure you that I searched the site for a clear answer such as the one you just provided. I couldn't find one (my fault probably) and therefore decided to ask again.. Much obliged.

Regards

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