AOS - Request for Initial Evidence I-864

[ferger 0]

I just got a notice from USCIS requesting more supporting evidence for the I-864 I sent with my wife and child AOS and EAD, they specifically ask for ''pay stubs'' and a letter from my employer indicating dates of employment and annual salary...

The problem is that at this time I am not working in the USA, me and my spouse have Real Estate property in other countries and are living off that income ever since we got my spouses and child K-3/K-4 visa approved in June of 2007. Also before that event I wasnt living in the USA eventhough I am a US citizen so I did not file taxes for 2005 and 2006 and I sent the official IRS transcripts of ''non-filing'' with my initial application for my wife and child AOS, I even sent evidence of financial stability like Bank Statements,Proof of Stock ownership, Certificate of Depostit balances and even a bank letter with last 12 months average balance and deposits which is well beyond the 125% requirement. I do receive income but to get it to the USA I usually have it deposited monthly in a foreign bank account and then I withdraw it from an ATM and then I make a deposit here in a USA bank. So I do not have 'pay stubs' but do have steady deposits showing on my USA bank statements.

Any information or suggestions or how should I reply to USCIS on this matter would be greatly apprecciate it.

Thanks in advance...

[SilentJester 0]

From the I-864 Tips Section here on VJ

When assets are used, the assets must equal 5 times the difference between the annual income and the

needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you

needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5

years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income

for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. If you do not

have a job or a steady income from other sources (such as retirement income), you will likely have to get a

co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income

and not just the assets.

Were the assests you showed equal to 5x the poverty guideline you need to be at? That MAY be their reason for the RFE....other than that I'm not sure. Maybe someone else can help you a little more.

Edited January 25, 2008 by SilentJester

[Addie_Goodvibes 0]

I just got a notice from USCIS requesting more supporting evidence for the I-864 I sent with my wife and child AOS and EAD, they specifically ask for ''pay stubs'' and a letter from my employer indicating dates of employment and annual salary...

The problem is that at this time I am not working in the USA, me and my spouse have Real Estate property in other countries and are living off that income ever since we got my spouses and child K-3/K-4 visa approved in June of 2007. Also before that event I wasnt living in the USA eventhough I am a US citizen so I did not file taxes for 2005 and 2006 and I sent the official IRS transcripts of ''non-filing'' with my initial application for my wife and child AOS, I even sent evidence of financial stability like Bank Statements,Proof of Stock ownership, Certificate of Depostit balances and even a bank letter with last 12 months average balance and deposits which is well beyond the 125% requirement. I do receive income but to get it to the USA I usually have it deposited monthly in a foreign bank account and then I withdraw it from an ATM and then I make a deposit here in a USA bank. So I do not have 'pay stubs' but do have steady deposits showing on my USA bank statements.

Any information or suggestions or how should I reply to USCIS on this matter would be greatly apprecciate it.

Thanks in advance...

Jester is correct, any assets you submit must equal 5x difference of needed Income. I suggest you schedule an info pass Appt. and take everything you have documenting your assests and income earned over seas. I would also Strongly suggest a co sponsor for Afidavit of support ,someone who wouod be willing to act as Sponsor if you can not Document income requirements. INFO pass!

Edited January 25, 2008 by Addie_Goodvibes

[pushbrk 12,106]

I just got a notice from USCIS requesting more supporting evidence for the I-864 I sent with my wife and child AOS and EAD, they specifically ask for ''pay stubs'' and a letter from my employer indicating dates of employment and annual salary...

The problem is that at this time I am not working in the USA, me and my spouse have Real Estate property in other countries and are living off that income ever since we got my spouses and child K-3/K-4 visa approved in June of 2007. Also before that event I wasnt living in the USA eventhough I am a US citizen so I did not file taxes for 2005 and 2006 and I sent the official IRS transcripts of ''non-filing'' with my initial application for my wife and child AOS, I even sent evidence of financial stability like Bank Statements,Proof of Stock ownership, Certificate of Depostit balances and even a bank letter with last 12 months average balance and deposits which is well beyond the 125% requirement. I do receive income but to get it to the USA I usually have it deposited monthly in a foreign bank account and then I withdraw it from an ATM and then I make a deposit here in a USA bank. So I do not have 'pay stubs' but do have steady deposits showing on my USA bank statements.

Any information or suggestions or how should I reply to USCIS on this matter would be greatly apprecciate it.

Thanks in advance...

Jester is correct, any assets you submit must equal 5x difference of needed Income. I suggest you schedule an info pass Appt. and take everything you have documenting your assests and income earned over seas. I would also Strongly suggest a co sponsor for Afidavit of support ,someone who wouod be willing to act as Sponsor if you can not Document income requirements. INFO pass!

Both of you are incorrect. For a spouse, the factor is 3X. There's not really enough information to give an answer otherwise but as a USC, you are required to file returns even if all income is foreign and exempt, resulting in no tax liability. You may need to file returns or further document your income and/or assets.