RFE for something already submitted

[primus_dinners 0]

Hi everyone! :-)

I just received an RFE (my first one) form my I-485. The RFE makes two requests for evidence already providing with my initial filing.

The first request is for the petitioner/sponsor's tax documentation for the most recent year. In our case there was no tax documentation for this period as the petitioner/sponsor was not working due to illness. Evidence of illness was provided with the initial filing, alongside a written explanation.

The second request states that the I-864 petitioner/sponsor did not meet 125% of the poverty guidelines. This is untrue and a statement of employment was provided with the initial filing demonstrating that the petitioner/sponsor's income exceeded the guidelines. For a household of 2 the guidelines mandate that an income of $19,662 must be met. The petitioner/sponsor's income is $28,000.

How do you suggest that we respond to this RFE? Is it futile to simply resend the same evidence that was provided at the time of initial filing?

I have attached a picture of the RFE to this post.

We're concerned, as we don't know how to address this and would appreciate any help from the community :-)

Thank you everybody!

[Pinkrlion 2,607]

I think they are confused like me. You state on one hand, did not make enough money to file taxes, and then say on the other hand they meet income guidelines, which is it? You may need a cosponsor.

When did you file petition? What evidence did you submit with I-864 besides employer letter?

Edited January 8, 2015 by Pinkrlion

[PK and PK 13]

Hi everyone! :-)

I just received an RFE (my first one) form my I-485. The RFE makes two requests for evidence already providing with my initial filing.

The first request is for the petitioner/sponsor's tax documentation for the most recent year. In our case there was no tax documentation for this period as the petitioner/sponsor was not working due to illness. Evidence of illness was provided with the initial filing, alongside a written explanation.

The second request states that the I-864 petitioner/sponsor did not meet 125% of the poverty guidelines. This is untrue and a statement of employment was provided with the initial filing demonstrating that the petitioner/sponsor's income exceeded the guidelines. For a household of 2 the guidelines mandate that an income of $19,662 must be met. The petitioner/sponsor's income is $28,000.

How do you suggest that we respond to this RFE? Is it futile to simply resend the same evidence that was provided at the time of initial filing?

I have attached a picture of the RFE to this post.

We're concerned, as we don't know how to address this and would appreciate any help from the community :-)

Thank you everybody!

If the sponsor's income is truly $28,000 then they should have file their taxes and submit that for the RFE. If you are saying their potential income was $28,000 but didn't earn it due to illness, I'm not sure if they will accept it without a joint sponsor for support. Otherwise is the sponsor fully recovered from the illness? Maybe a letter from their physician saying they are fully recovered and a letter from the employer that they resumed working?

[primus_dinners 0]

My apologies for not being clearer when first posting. We submitted on November 30 and the case was received on December 1st.

The situation is that the petitioner/sponsor did not file a tax return last year due to not working as a result of illness. In September 2014 she started a new job with an annual salary of $28,000 and has not yet filed a tax return.

Alongside the statement from her employer, we provided evidence of her illness for the period prior to this, as a way to show that there was no obligation to file a tax return before she began her new job in September.

Since starting her job in September no tax return has been filed.

[KayDeeCee 4,891]

You need to provide a statement as to why you were not legally required to file, such as income was low and did not meet the IRS filing threshold. Just including proof of illness would not cover that.

The job is very new and not even a single pay stub was provided, so it is possible they will want a joint sponsor because of that. You could try and once again provide a letter from employer stating the position is permanent and her rate of pay/annual salary, and also provide her most recent pay stubs. They may or may not accept it without a joint sponsor.

[N-o-l-a 7,167]

My apologies for not being clearer when first posting. We submitted on November 30 and the case was received on December 1st.

The situation is that the petitioner/sponsor did not file a tax return last year due to not working as a result of illness. In September 2014 she started a new job with an annual salary of $28,000 and has not yet filed a tax return.

Alongside the statement from her employer, we provided evidence of her illness for the period prior to this, as a way to show that there was no obligation to file a tax return before she began her new job in September.

Since starting her job in September no tax return has been filed.

Does she have a paystub of any sort or bank statements to verify the current income?

Rather than having the AOS denied, I would re-submit a letter detailing why no filing for the tax year 2013 and perhaps proof of non-filing from IRS. Then, I would get a current letter from employer with her dates of employment and salary as well as paystubs or proof of payment.

You need to provide a statement as to why you were not legally required to file, such as income was low and did not meet the IRS filing threshold. Just including proof of illness would not cover that.

The job is very new and not even a single pay stub was provided, so it is possible they will want a joint sponsor because of that. You could try and once again provide a letter from employer stating the position is permanent and her rate of pay/annual salary, and also provide her most recent pay stubs. They may or may not accept it without a joint sponsor.

You beat me to it, but definitely this.

Edited January 8, 2015 by N-o-l-a

[primus_dinners 0]

I see, that makes sense.

To send back to USCIS we've assembled the following:

• The petitioner/sponsor's late father's will, that shows ownership of his house being transferred to her name, alongside the value of the house in order to cover any difference between the petitioner/sponsor's income and 125% of the poverty guidelines
  
• Several of the petitioner/sponsor's recent pay stubs
  
• A notice of non-filing from the IRS to prove the absence of a 2014 tax return
  
• Another copy of the explanation letter for absence of tax returns included in the original submission
  
• Another copy of the letter included in the original submission from the petitioner/sponsor's employer stating the details of her position, including start date and annual salary
  

Does this seem sufficient?

Furthermore, if this is not enough for USCIS will they simply deny the application or will they once again request more evidence?

Thanks again for helping us out!

[Pinkrlion 2,607]

They would give you another RFE, and request a co sponsor.

[primus_dinners 0]

They would give you another RFE, and request a co sponsor.

Could you help me understand why?

If we have shown that the petitioner/sponsor owns a property with a value in excess of 3 times 125% of the poverty guidelines, then on what grounds would they require a co-sponsor?

[N-o-l-a 7,167]

Could you help me understand why?

If we have shown that the petitioner/sponsor owns a property with a value in excess of 3 times 125% of the poverty guidelines, then on what grounds would they require a co-sponsor?

The recent income change should be enough.

The will, or rather proof of probate acceptance of the will, will have no effect on the I-864. We were actually in a similar situation with our CR-1 process and a house to be inherited. However, without completion of the probate process and distribution of assets, the house is not your wife's and also if you do not own another home, a "primary" home can usually not be used for assets.

Frankly, I'd just leave that whole mess out of it.

[Pinkrlion 2,607]

They still feel you do not meet income guidelines, or they believe that you will be relying government support.