I-864 RFE - immigrant's income

[Adam M 0]

Hello all,

I have a pending I-485 for adjustment from H1B to permanent resident. (was already married to USC, employer sponsored move to US)

My wife, the USC and petitioner is a stay-at-home soon-to-be mom and has no income. I have a steady income above the poverty guidelines. We completed the I-864 showing $0 at 24a and household income above the poverty guidelines at 24c. I think this is OK since it says "income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (see step-by-step instructions)" and I believe we meet those certain conditions.

I have received an RFE for 3 items:

1. tax transcript for 2012 (easy, we submitted my application just a few days before we filed our taxes)

2. petitioner/sponsor's household member income ... does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor's household member lists their current income ... as an amount to be considered sufficient; however, no evidence has been submitted as proof of current income. (then lists types of evidence)

3. Based on the documents submitted with form I-864 ... the income did not meet 125% of the poverty line. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

I think I can probably handle item 2 (sounds like they just want a copy of my pay stubs) but I'm a little confused by item 3.

Has anyone had any similar experiences, and/or can you offer any advice on how I should respond? Any input would be greatly appreciated.

Thanks!

Adam

[Pinkrlion 2,616]

Did you obtain a letter from your employer, what about your w-2?

[Adam M 0]

Did you obtain a letter from your employer, what about your w-2?

No, the only income information we submitted was our IRS transcripts.

[Dave&Roza 748]

No, the only income information we submitted was our IRS transcripts.

You need to have proof that you make the income you stated. Tax transcripts, letter from employer on employer letterhead, copy of the last couple of months paystubs are what they are looking for. If you do not meet the 125% level with income, you can use assets that are readily converted into cash and do not cause an undue hardship if they are converted--only car and primary residence are the main two that do not qualify. If you have 3X the short fall in assets you can use that to make up for a lack of income--this is what item #3 is refering to, but since you have sufficienct income you do not need to show any assets.

Good luck,

Dave

[Adam M 0]

this is what item #3 is refering to, but since you have sufficienct income you do not need to show any assets.

Dave, thanks for the feedback. Just to clarify - you think that if I satisfy the 2nd item, the 3rd will be satisfied too?

[Nich-Nick 3,353]

#3 is saying your documents did not prove income. They are offering two options if you don't have the income...assets or joint sponsor. Since you are going to correct the income part, then you don't need those options.

Your joint tax return lumps all income together for two people. It seems that want more specific information on your separate income.

An employer letter and 6 months of pay stubs is a good option. Sometimes you have to connect the dots for them, instead of assuming they could see the joint income shown was the household income and qualified. However the tax transcript you first supplied was a bit old, so the 2012 will help. Have you already ordered it from IRS?

Edited May 17, 2013 by Nich-Nick

[Adam M 0]

#3 is saying your documents did not prove income. They are offering two options if you don't have the income...assets or joint sponsor. Since you are going to correct the income part, then you don't need those options.

Your joint tax return lumps all income together for two people. It seems that want more specific information on your separate income.

An employer letter and 6 months of pay stubs is a good option. Sometimes you have to connect the dots for them, instead of assuming they could see the joint income shown was the household income and qualified. However the tax transcript you first supplied was a bit old, so the 2012 will help. Have you already ordered it from IRS?

Gotchya. Yeah, I ordered the 2012 transcript tonight. Will report back here to close the loop once I've heard back from them after my RFE response.

[princeglove 4]

Hi Adam,pls let the house know what happend to your case..Did they recieve your update I-864 in good faith? Or u were still asked to show assets?

[imat3ap0t 0]

Hi guys,

My husband received an RFE requesting employment letter and last six months of paystub. He has only been working for 4 months with the income he stated, so will that be a problem? He obtained the letter from the employer already. Hid last income tax return dis not meet the poverty guidelines.