RFE and CONFUSED!

[britty9 0]

Hi everyone...I got a letter for RFE and let me tell you- it was basically the thing I was expecting the least! I had to send my husband's info in with an expired passport (expired in Sept. and we are going Dec. 27 to Chicago to request a new one) so I thought for sure I would get a RFE for that! But nooo. The letter says that my income on the federal income tax return does not meet or exceed 125% of the poverty guideline. I list my current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

It then tells me to submit evidence of my current income and it can include the following:

Letter of employment containing the following: (Please note- I did include a letter from my employer!)

-Dates of employment

-Nature of job

-Wages or salary earned

-Number of hours per week worked

-Prospects for future employment and advancement

-Pay stubs or other documentation of pay for the last 6 months

-Evidence of other income (I don't have any so this is irrelevant)

In my packet I included the following information:

A letter from my employer that states:

I am employed full time.

I am their Nanny and I take care of their daughter.

I had a start date of March 12, 2012.

I work five days a week.

I am paid $375.00 per week which is a total of $19,500 per year.

I am paid every Friday.

The rate is with taxes already withdrawn.

Signed and dated Nov. 1, 2012

Not only did I include the letter- I included the copy of my actual job contract that is signed and dated by both my employer and myself on the first day of my employment which lists my hours, job duties, paid time off, rate of pay, salary per year, basically everything that was in the letter.

I included the following information from my bank:

-A letter from my bank stating I have a checking account, in good standing, and the opening date.

-A print out from the bank including my average ledger balances for the past year.

-A print out from the bank showing the direct deposits made from my employer's to my account dating back to May 4. (6 months back at time of submitting packet)

I included the following information regarding tax information:

-Copies of my W-2's from 2011.

-Tax transcript from the year 2011.

-An appendix stating that I did not file in the years 2009 or 2010 because I was not required to. (I am wondering if this is where the problem is????)

I did not meet the 125% guideline for last year, I know that. When I filed the K-1 I had no problems with not submitting 2010 or 2009 tax information and I didn't have 2011 tax return yet and I had to be making 100%, not 125%. I am just really confused as to what the problem is here and what more they could possibly want. To say that NO evidence has been submitted as proof of current income- that is just not true as you can see above that I sent many items that could prove it.

I am planning on calling the customer service number tomorrow- I am just freaking out a little bit right now. I really hope somebody can give me a much more specific reason and to tell me exactly what they're looking for here because I am a total loss. I also had another page that had another box marked stating that based on the documents submitted the sponsor's income didn't meet the 125% requirements and that I have to show evidence as to that, too. I do meet the requirements, I am over the required amount!

Has anyone else had a problem like this? Any advice or comments? Thanks for reading!

[britty9 0]

Well, according to the form on the uscis.gov website I most certainly do meet 125% of the poverty guideline for a household of two people! It says it is $18,912 and I make $19,500 as I so stated in my above post. I think you're confused about how many people I support? It is myself, and my husband. I was a Nanny when my husband had his interview before he came here on a K-1 visa and it was not a problem then. Regardless of how convincing it may seem, my documents clearly show that amount of money being transferred weekly into my checking account from my employer and I have an official contract and a letter stating I am a full-time employee.

[Villanelle 4,122]

Sometimes papers get lost, but if you got an RFE then you have to submit what they asked for even if you already submitted it.

Are you sure you filled out the 864 properly? Do you have a copy of it? Did you count the household size properly as 2 and not 3? One for you and one for him? (Part 5). If you accidentally checked 3 then youre waaay under for a family of 3 and you need to fix that.

You say taxes are already deducted from your pay, so Im assuming on your tax return your adjusted gross income is listed as '19,500' ? If its not, then theres your problem. The 125% poverty level for 2 is $18,913 - anything less then that on the adjusted gross income line on your tax return and you dont qualify.

I would get another letter from your employer (notarized if at all possible), the job contract, bank statements with the direct deposits highlighted, tax transcripts and w2s.

Also if it is at all possible to get a co-sponsor, you should send that in as a back up.

[KayDeeCee 4,893]

Just to clear up a few things, it is gross income they go by, not net or adjusted gross. It is total income from line 22 of the 1040. If you work for one employer, then it would be the amount listed on your W-2 before taxes are taken out.

Now then, do you receive a W-2 from your nanny position? Are you considered an employee or an independent contractor? Whether or not you are self-employed makes a difference. If you are self-employed, they will only go by what is listed on line 22 of your most recent 1040. If you are considered an actual employee, then resend everything. Include the letter from your employer and your most recent pay stubs to prove your current income is at least $18,912.

[britty9 0]

Holy #######, I think I see the problem! I wondered when I was filling the stupid form out.....

I put 1 on line A, one on line B and then when it asked if I was married I put 1 and then I wrote 2 on the household size which when it's added up would be 3. This is so ridiculous. Do you think that is why the whole thing is screwed up? I certainly hope so because all I need to do is reprint the I-864, with putting a 0 on line C and then it will add up to 2.

Thanks for drawing this to my attention, I wouldn't have figured that one out! I'll keep my fingers crossed that when I call tomorrow that is what they can tell me the problem is!! Thanks!

[britty9 0]

J-K,

I do not have a W-2 yet for my current job as I started employment there in March. I am an employee, not self-employed. I'm thinking/hoping the issue is what I said in the post above....that seems to be the only thing making sense to me right now. I extensively researched and went over my information 10x over and over before I sent it in to be sure I had the correct income, proof, etc. I hope it was just a stupid little mistake on my part filling out the form! Thanks for your thoughts! I appreciate it!

[KayDeeCee 4,893]

Holy #######, I think I see the problem! I wondered when I was filling the stupid form out.....

I put 1 on line A, one on line B and then when it asked if I was married I put 1 and then I wrote 2 on the household size which when it's added up would be 3. This is so ridiculous. Do you think that is why the whole thing is screwed up? I certainly hope so because all I need to do is reprint the I-864, with putting a 0 on line C and then it will add up to 2.

Thanks for drawing this to my attention, I wouldn't have figured that one out! I'll keep my fingers crossed that when I call tomorrow that is what they can tell me the problem is!! Thanks!

That could have done it. Redo the I-864 and send back the new form and all your supporting financial documents.

[britty9 0]

I just told my husband and now we're both laughing about it. I feel like an idiot but I am glad that I was able to make some sense out of this so now I can actually sleep! I will update this tomorrow (I am still going to call to talk to somebody). Thanks everyone!

[Sirdaniel42 86]

I just told my husband and now we're both laughing about it. I feel like an idiot but I am glad that I was able to make some sense out of this so now I can actually sleep! I will update this tomorrow (I am still going to call to talk to somebody). Thanks everyone!

[mfranc68 31]

Holy #######, I think I see the problem! I wondered when I was filling the stupid form out.....

I put 1 on line A, one on line B and then when it asked if I was married I put 1 and then I wrote 2 on the household size which when it's added up would be 3. This is so ridiculous. Do you think that is why the whole thing is screwed up? I certainly hope so because all I need to do is reprint the I-864, with putting a 0 on line C and then it will add up to 2.

Thanks for drawing this to my attention, I wouldn't have figured that one out! I'll keep my fingers crossed that when I call tomorrow that is what they can tell me the problem is!! Thanks!

Bingo! You just found your problem. They almost got me on that one too. You have to read those forms VERY carefully. I went over EVERYTHING at least a half dozen times. Tip: Write your NVC number on ALL of your docunents (including MC,PC,& BC) in the upper right and corner. Things DO get lost.

[britty9 0]

Okay...

I just called them to see if someone could verify for me that this was the mistake, and I was told by a girl and I quote "You have to show that you've made 125% of the poverty guideline for the last three years." Me: "What?!?" Her: "MMMMHMMMMMMMM."

Is that true? I was pretty sure you just had to show that you were currently making the sufficient amount and have proof of that, which I am, and I do! I started to get a little lippy and she said she was going to transfer me to somebody who could "explain it to me better". She said I could wait on hold (didn't know for how long), leave a voicemail, or send an email. I left a voicemail.

Will anyone I talk to be able to tell me specifically that the form is the problem? Or do I just send it back in, amended, with all my evidence and hope that's what the problem was?

Thanks!

[Harpa Timsah 13,258]

Okay...

I just called them to see if someone could verify for me that this was the mistake, and I was told by a girl and I quote "You have to show that you've made 125% of the poverty guideline for the last three years." Me: "What?!?" Her: "MMMMHMMMMMMMM."

Is that true? I was pretty sure you just had to show that you were currently making the sufficient amount and have proof of that, which I am, and I do! I started to get a little lippy and she said she was going to transfer me to somebody who could "explain it to me better". She said I could wait on hold (didn't know for how long), leave a voicemail, or send an email. I left a voicemail.

Will anyone I talk to be able to tell me specifically that the form is the problem? Or do I just send it back in, amended, with all my evidence and hope that's what the problem was?

Thanks!

That is not true. And, they will not be able to verify any mistake over the phone, so calling them was just a waste .

Usually they go by current income, but there is some discretion involved. How long have you been working at your job? You are just barely over the line... do you have any assets or anything?

Certainly saying your household is 3 when it is 2 is some part of the problem.

[Penguin_ie 5,994]

** Moving from Progress forum to AOS Process forum for more answers ****

[bigdog 376]

Good Luck on straightening this out.

[Grace & Irfan 6]

Hi everyone...I got a letter for RFE and let me tell you- it was basically the thing I was expecting the least! I had to send my husband's info in with an expired passport (expired in Sept. and we are going Dec. 27 to Chicago to request a new one) so I thought for sure I would get a RFE for that! But nooo. The letter says that my income on the federal income tax return does not meet or exceed 125% of the poverty guideline. I list my current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

It then tells me to submit evidence of my current income and it can include the following:

Letter of employment containing the following: (Please note- I did include a letter from my employer!)

-Dates of employment

-Nature of job

-Wages or salary earned

-Number of hours per week worked

-Prospects for future employment and advancement

-Pay stubs or other documentation of pay for the last 6 months

-Evidence of other income (I don't have any so this is irrelevant)

In my packet I included the following information:

A letter from my employer that states:

I am employed full time.

I am their Nanny and I take care of their daughter.

I had a start date of March 12, 2012.

I work five days a week.

I am paid $375.00 per week which is a total of $19,500 per year.

I am paid every Friday.

The rate is with taxes already withdrawn.

Signed and dated Nov. 1, 2012

Not only did I include the letter- I included the copy of my actual job contract that is signed and dated by both my employer and myself on the first day of my employment which lists my hours, job duties, paid time off, rate of pay, salary per year, basically everything that was in the letter.

I included the following information from my bank:

-A letter from my bank stating I have a checking account, in good standing, and the opening date.

-A print out from the bank including my average ledger balances for the past year.

-A print out from the bank showing the direct deposits made from my employer's to my account dating back to May 4. (6 months back at time of submitting packet)

I included the following information regarding tax information:

-Copies of my W-2's from 2011.

-Tax transcript from the year 2011.

-An appendix stating that I did not file in the years 2009 or 2010 because I was not required to. (I am wondering if this is where the problem is????)

I did not meet the 125% guideline for last year, I know that. When I filed the K-1 I had no problems with not submitting 2010 or 2009 tax information and I didn't have 2011 tax return yet and I had to be making 100%, not 125%. I am just really confused as to what the problem is here and what more they could possibly want. To say that NO evidence has been submitted as proof of current income- that is just not true as you can see above that I sent many items that could prove it.

I am planning on calling the customer service number tomorrow- I am just freaking out a little bit right now. I really hope somebody can give me a much more specific reason and to tell me exactly what they're looking for here because I am a total loss. I also had another page that had another box marked stating that based on the documents submitted the sponsor's income didn't meet the 125% requirements and that I have to show evidence as to that, too. I do meet the requirements, I am over the required amount!

Has anyone else had a problem like this? Any advice or comments? Thanks for reading!

The embassy in Pakistan is doing the exact same thing to me right now. I already sent my bank statements as well as tax returns and a letter from my employer , however, they keep emailing me and asking for the same information. They want me to prove my income. I seriously don't know what else to do. The whole situation is redundant. I contacted my congressman here in Indiana , and he is now working on the case. If there is any update , Ill keep you posted.