RFE fro I-864http://www.visajourney.com/

[thewife 0]

Hi everyone,

My husband and I (US citizen) received a RFE requesting we address the following:

1. The household member on the petitioner's/spouse Federal Tax Income (Previous tax return does not reflect new pay and does not meet guidelines)

2. The household member income does not meet poverty guideline. household member listed income but provided no proof. (Submitted job offer letter showing salary exceeds guidelines)

3. Based on documents submitted the petitioner and household member do not meet 125% guidelines.

Can you tell me if the letter below seem sufficient in addressing the issues listed above?

To Whom It May Concern:

This letter is in reference to the request for further evidence for I-485, I-765, I-864. I am providing the following information along with the enclosed document.

1. The income of petitioner is not being used as the family income. The petitioner is a student in graduate school, and does not have any viable source of income. However, I, (IMMIGRANT) , the spouse has a post-doctoral position that pays $45,000 a year. The employment letter for this position is enclosed in the package. In order to further confirm this income, I have included the original pay stubs that I can find. I have also requested all payment record from the payroll office. They have provided a stamped record of the payments (also included). I have also included copies of bank account statements and highlighted the payments from (EMPLOYER) confirming the monthly salary being deposited into our joint account.

2. We have included our individual filed tax returns for the 2011 tax year. Note that these do not apply towards this support confirmation, as we were both single and unmarried as at the time of 2011 tax filing.

3. I believe the bank statement will suffice to prove the deposition of the claimed salary.

THANKS FOR YOUR HELP IN ADVANCE

[chris and laura 7]

Who gets 45,000 a year?? You or your husband??

[feli114 65]

If the income of the non US citizen is below poverty guidelines, then you will need a cosponsor.

[chris and laura 7]

They want to see the non US citizen income???

[VanessaTony 3,567]

Did you submit an I-864A to include your income on the I-864?

The employment letter is not enough. It proves you were offered that much, doesn't prove you were paid that much. The bank letter is good. The statement of payments from employer is good. Pay stubs are good.

I'm confused about the 2011 tax return mention in #2 "Note that these do not apply towards this support confirmation, as we were both single and unmarried as at the time of 2011 tax filing.". What do you mean they don't relate to the support confirmation? Why would you include them if it doesn't prove your income? If it DOES prove your income then why are you including that sentence? My husband wasn't married to me when he filed taxes prior to us filing and his tax return (and income) still counted as income.

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Please remember if you don't supply enough income they will deny you. They will not RFE again. Make sure you have everything you possibly can so you know you did everything you could.

[feli114 65]

They want to see the non US citizen income???

Sorry, U S citizen's income

[thewife 0]

Who gets 45,000 a year?? You or your husband??

My husband the non citizen makes 45,000.

[thewife 0]

Did you submit an I-864A to include your income on the I-864?

The employment letter is not enough. It proves you were offered that much, doesn't prove you were paid that much. The bank letter is good. The statement of payments from employer is good. Pay stubs are good.

I'm confused about the 2011 tax return mention in #2 "Note that these do not apply towards this support confirmation, as we were both single and unmarried as at the time of 2011 tax filing.". What do you mean they don't relate to the support confirmation? Why would you include them if it doesn't prove your income? If it DOES prove your income then why are you including that sentence? My husband wasn't married to me when he filed taxes prior to us filing and his tax return (and income) still counted as income.

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Please remember if you don't supply enough income they will deny you. They will not RFE again. Make sure you have everything you possibly can so you know you did everything you could.

The ask for my husband's aka household member's federal income taxes form 2011 however but he started working the new job that meets the requirement this year March 2012. Also we did not submit an I-864a, because my husband income meets the guidelines

Edited November 1, 2012 by thewife

[thewife 0]

Sorry, U S citizen's income

No household member, because I, US Citizen, do not make any money as a student.

[chris and laura 7]

So yo need a cosponsor :) don't worry get a new one

[VanessaTony 3,567]

The ask for my husband's aka household member's federal income taxes form 2011 however but he started working the new job that meets the requirement this year March 2012. Also we did not submit an I-864a, because my husband income meets the guidelines

You can't include your husbands income without him having completed an I-864a. The I-864 is done by the USC, if the foreigner (beneficiary) want to include their income they need to complete an I-864a. Have a look at the I-864 instructions, page 2. The USC MUST complete an I-864, whether their income is being used or not.

The 2011 tax return is to make sure he's filing tax returns like he should be. You still need to provide YOUR tax returns, on an explanation for why you didn't file taxes for those years.

[Harpa Timsah 13,258]

If the intending immigrant is the husband of the primary sponsor, a I-864a is NOT needed. It's quite clear in the instructions. His income can be added to your I-864, as it seems you have done. This should be moved to AOS - other to avoid confusion.

Anyway, the letter you sent will not work. You need to comply with the requirements.

So, item #1: It says your tax return "does not meet guidelines." I am not sure about this, what did you send in?

Item #2: You need to show proof of current income. A job offer letter is not okay, because that is for the future. You need a letter of employment that says basically "X person is currently employed and makes X amount."

Edited November 1, 2012 by Harpa Timsah

[chris and laura 7]

Can you show me an exame of an employe letter?

[VanessaTony 3,567]

OP - can you please scan the original RFE? or post it word for word (without your additions in brackets)?

Also yes - it appears I didn't scroll down when reading the I-864 instructions, and I-864 is not required of the immigrant spouse. Many thank to Harpa for her polite correction...

Edited November 1, 2012 by Vanessa&Tony

[Stephen + Elisha 92]

Can you show me an exame of an employe letter?

Here's the text I used. Note that this should be on the employer's letterhead and signed.

November 2, 2012

United States Citizenship andImmigration Service

Washington Field Office

2675 Prosperity Avenue

Fairfax, VA 20598

Re: [NAME] –Verification of Employment

To Whom It May Concern:

This letter is to confirm that [NAME] is employed with [NAME OF EMPLOYER] on a permanent, full-timebasis as a [JOB TITLE]. Mr. [NAME]'s employment commenced on [sTART DATE]. His current salary is [sALARY AMOUNT] per year.

Please feel free to contact us if your office should require any further information.

Sincerely,

[sUPERVISOR NAME]

[sUPERVISOR TITLE]

[NAME OF EMPLOYER].

Obviously you'd want to change the details to the office that's actually adjudicating your AOS petition (the office or service center that issued the RFE). I should note that my wife's AOS was approved based on current salary as demonstrated by this letter and several months of pay stubs; although I submitted three years of tax transcripts, none of them showed income high enough to meet the guidelines. I was a student and/or working overseas with a foreign earned income exemption in each of the three prior tax years.

Edited November 2, 2012 by Stephen + Elisha