RFE "Income Requirement" & how many RFE's are normally issued?

[Gussy & Chany 11]

Dear VJ friends,

Today we received a request for initial evidence on our I-485 app .

The RFE eludes that not all of the tax documentations (W-2 forms) have been submitted and that based on the document submitted earlier we do not meet the income requirement.

Me and my wife lived in the Netherlands for 2011 and 2012. While I was working there she was studying for her master's degree.

We submitted last three years W-2 forms for the AOS app. Since she went back to the USA in August 2013, she made only 4k for 2013.

As for this year, she made so far (week 47) 17346 USD cumulative. Since we still have 5 weeks to go for 2014, she most likely will end up making 19850 USD for 2014.

We can motivate this by showing her paystubs and average weekly pay.

Is this sufficient enough? As for us, we can't find a joint sponsor. Besides that, I do have more than enough money required on my foreign bank account to keep our heads above the water for a while. Can I use my foreign savings also as additional evidence (I am the AOS beneficiary)? Would this support our case? What about adding your resumes as additional evidence, could this give them the benefit of the doubt?

We are thinking about submitting the above, but we are so worried about how it will effect our case.

An other question I have is, how many RFE's does USCIS normally issue? In case they do not comply with our submitted evidences, will they sent us a second RFE or will our AOS request be dismissed?

Many thanks in advance for your kind help and greetings from a stressed out Dutchy!

[Gussy & Chany 11]

By the way, I already did my biometrics. Will this RFE also delays my request for EAD and AP?

[Mohamed&Laura 5]

By the way, I already did my biometrics. Will this RFE also delays my request for EAD and AP?

We got an RFE because of joint sponsor documents. It does hold up our EAD and AP....we were told this by tier 2 officer. She said they are all tied together and they will not let a person work if they think he will become a welfare (public charge) case.

By the way, I already did my biometrics. Will this RFE also delays my request for EAD and AP?

We got an RFE because of joint sponsor documents. It does hold up our EAD and AP....we were told this by tier 2 officer. She said they are all tied together and they will not let a person work if they think he will become a welfare (public charge) case.

By the way, I already did my biometrics. Will this RFE also delays my request for EAD and AP?

We got an RFE because of joint sponsor documents. It does hold up our EAD and AP....we were told this by tier 2 officer. She said they are all tied together and they will not let a person work if they think he will become a welfare (public charge) case.

[Gussy & Chany 11]

Thanks Mohamed, je vous en prie!

[KayDeeCee 4,891]

Did she not file taxes for the years she was studying abroad? If she did not file those years, did she include a statement as to why she did not legally have to file taxes those years?

W-2s are not enough for the I-864. You must provide a copy of the most recent tax return with all forms, schedules, W-2s and/or 1099s, OR and IRS tax transcript > http://www.irs.gov/Individuals/Get-Transcript

Current annual income is not based on what she made in the past or what she has made so far this year. To get her current annual income amount, multiply how much she makes an hour by how many hours she works a week. Then multiply that by 52 weeks. That will give you her current annual income. For example, someone that makes $10 an hour and works full time at 40 hours a week makes $20,800 annually.

Along with her most recent complete tax return or IRS tax transcript, provide a letter from employer and recent pay stubs to prove her current annual income.

[Gussy & Chany 11]

Hi KeedeeCee,

Thank you for your reply above. She left the USA on September 2011. For this year she has filed her taxes but she only made 8K. For 2012 she did not have to file taxes since she had no taxeble income. She arrived back to the USA on September 2013. She made only 1K for that year and she filed her taxes for that. We have all documentation with explanation ready for that.

. Does she meets the income requirement? I just have second thoughts on it since her income over the last few years wasn't stable at all but as of 2014 has been very stable. Additionally, we also have 10K on a joint savings account. Addtionatlly, she is currently working at Macy's for 12.50 an hour. Given the information above, do you think that we meet the income requirements?

[KayDeeCee 4,891]

So, she lists her Total Income(line 22 of 1040), or AGI if she filed the 1040EZ instead from 2011 and 2013 where it asks on the form. For 2012 she puts 'Income too low. Did not file." She can also provide a separate statement to explain that she did not file in 2012 because her income was below the IRS filing threshold and she was not legally required to file. Send the tax return transcript from 2013.

If she works full time at 12.50 an hour, then she makes $26,000 annually. That would be her current annual income amount. She provides a letter from her employer and most recent pay stubs to prove that gross income amount. You can also list the joint savings. You can send an updated, newly filled out I-864 along with the tax transcript and proof of current income.

Edited November 28, 2014 by KayDeeCee

[Gussy & Chany 11]

^{Hi Kay DeeCee,}

^{Thanks for your advice. We submitted another package today with a cover letter in where we explain to based on her current income she does make 24,700 USD (12.50*38*52) and that we do have 10K on savings on a joint account as well. I added her paystubs, W2 forms of 2011 & 2012, tax transcripts of past three years, I included our resumes as well, and I explained our living situations as well. Also included her promotion notification and contract which shows her cumulative earnigs for 2014 so far, hourly wage, commission % etc. Thanks a lot for your help!}

[KayDeeCee 4,891]

You are welcome, and hope it is approved now.