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Nyxi

Got a letter saying my husband doesn't make enough....!!! HELP

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Hi everyone,

So we go married!!! Yay! Filed for AOS.
Everything was fine when we first filed for K1. His income wasn't an issue. We printed out bank statements for the interview and all was accepted.

However a couple weeks ago we got a letter saying that " BASED ON THE DOCUMENTS SUBMITTED WITH FORM I-864 IT DOESN'T MEET THE POVERTY GUIDELINE OF THE HOUSEHOLD SIZE"

I don't understand, we met it just fine before. My husband is a disabled veteran, we stated that. We even printed the letter from the IRS that basically states that he didn't have to file income tax.
We sent that letter again with the AOS.

He financed a car. Does that qualify as an asset or anything he needs to declare?
They're asking for the supporting tax documentation (W-2, 1099s etc....) but he ins't required to file those and we provided the proof with the IRS transcript that was up to date when mailed.


What to do we do?
We can't have a joint sponsor and we don't know what "forms" they're looking for. Why was his income enough before but now it's an issue?

EDIT : Yes we called the phone number and the people we spoke to hadn't the slightest idea.

post-171894-0-34958400-1426702589_thumb.jpg

Edited by Nyxi

Nyxi <3

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~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related process, past K1~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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May I ask how much is made each year?

Did you submit the affidavit of support?


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

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Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

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Hi everyone,

So we go married!!! Yay! Filed for AOS.

Everything was fine when we first filed for K1. His income wasn't an issue. We printed out bank statements for the interview and all was accepted.

However a couple weeks ago we got a letter saying that " BASED ON THE DOCUMENTS SUBMITTED WITH FORM I-864 IT DOESN'T MEET THE POVERTY GUIDELINE OF THE HOUSEHOLD SIZE"

I don't understand, we met it just fine before. My husband is a disabled veteran, we stated that. We even printed the letter from the IRS that basically states that he didn't have to file income tax.

We sent that letter again with the AOS.

I believe the guidelines are different for the I134 and the I864; for the latter you need to be at 125% of the poverty level for your family size.

He financed a car. Does that qualify as an asset or anything he needs to declare?

Depends on whether he has equity in the vehicle; is it worth more than he owes on it?

They're asking for the supporting tax documentation (W-2, 1099s etc....) but he ins't required to file those and we provided the proof with the IRS transcript that was up to date when mailed.

If he's receiving disability payments, then he should get some flavor of 1099 from the issuing authority.

What to do we do?

We can't have a joint sponsor and we don't know what "forms" they're looking for. Why was his income enough before but now it's an issue?

If you're not at 125% of the poverty level for your family size, then you'll need to look for a joint sponsor who can meet the requirements.

EDIT : Yes we called the phone number and the people we spoke to hadn't the slightest idea.

Edited by novedsac

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You need to provide a statement as to why you were not legally required to file taxes for any of the last 3 years you did not. If he only receives non-taxable income, so no taxes need to be filed, then state so.

If the income is non-taxable, you need to supply as much evidence as possible of the income amount. 1099s? Benefit letters that show the amount he receives? 12 months of bank statements to show how much he actually gets deposited each month? Did you send those things to prove his income? If not, send them all along with the statement as to why he did not have to legally file taxes.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hi everyone,

So we go married!!! Yay! Filed for AOS.

Everything was fine when we first filed for K1. His income wasn't an issue. We printed out bank statements for the interview and all was accepted.

However a couple weeks ago we got a letter saying that " BASED ON THE DOCUMENTS SUBMITTED WITH FORM I-864 IT DOESN'T MEET THE POVERTY GUIDELINE OF THE HOUSEHOLD SIZE"

I don't understand, we met it just fine before. My husband is a disabled veteran, we stated that. We even printed the letter from the IRS that basically states that he didn't have to file income tax.

We sent that letter again with the AOS.

He financed a car. Does that qualify as an asset or anything he needs to declare?

They're asking for the supporting tax documentation (W-2, 1099s etc....) but he ins't required to file those and we provided the proof with the IRS transcript that was up to date when mailed.

What to do we do?

We can't have a joint sponsor and we don't know what "forms" they're looking for. Why was his income enough before but now it's an issue?

EDIT : Yes we called the phone number and the people we spoke to hadn't the slightest idea.

Exactly what evidence did you include with your I-864 when you sent off your AOS application?

He financed a car. Does that qualify as an asset or anything he needs to declare?

Depends on whether he has equity in the vehicle; is it worth more than he owes on it?

Actually you cannot claim a vehicle if it is your first vehicle. If it is the 2nd vehicle then yes it would be the appraised value minus what is owed on it.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Thanks everyone...just trying to wrap my head around all this.

YES we did send the affidavit of support. We sent all necessary documents , that's why I'm a little confused.

We sent the last 12 months when we first filed....So we should send it again? It didn't ask for it.

this is what we sent. :

Form I-485: Petition for Alien Relative

Copy of Passport (Including K-1)

Copy of NOA2 Approval for I-129F

Copy of Electronic I-94

Copy of Birth Certificate along side Translation copy

Copy of Marriage Certificate

Form G-325A

2 Passport type Photos

I-864 Affidavit of Support

I-765 Application for Employment Authorization

Basically everything it asked of us in the instructions ..... For anyone wondering , annually it's apprx 37500$


Nyxi <3

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I didn't ask what you sent with your AOS, I asked what you sent in addition to your I-864.

What proof of income did you include? Sending in just the I-864 is not good enough.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Tax time is coming, they want current income proof, 2013 tax transcript is oldie.

He needs to send in new W2s, employer letters, pay stubs...

If self-employed, send in pay stubs, contracts, bank statements, 1040-ES form for current quarter.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Just did some googl-ing and it appears disabled veterans can

actually gain benefit by filing tax (basically getting the federal tax back).

Get a $50 tax software and run your numbers through

or talk to a tax account...

you might actually benefit in 2 ways...

1) Keep more money in pocket

2) And meet I-864 income requirement


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

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08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

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09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
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02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Thanks everyone...just trying to wrap my head around all this.

YES we did send the affidavit of support. We sent all necessary documents , that's why I'm a little confused.

We sent the last 12 months when we first filed....So we should send it again? It didn't ask for it.

this is what we sent. :

Form I-485: Petition for Alien Relative

Copy of Passport (Including K-1)

Copy of NOA2 Approval for I-129F

Copy of Electronic I-94

Copy of Birth Certificate along side Translation copy

Copy of Marriage Certificate

Form G-325A

2 Passport type Photos

I-864 Affidavit of Support

I-765 Application for Employment Authorization

Basically everything it asked of us in the instructions ..... For anyone wondering , annually it's apprx 37500$

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As a combat veteran also receiving service connected disability payments, the most important form you forgot to include was his AB8 letter.

The AB8 letter he can retrieve within seconds from his ebenefits account where it says VA letters. Attache that with a small cover sheet explaining what it is just in case a untrained eye does not know what the AB8 letter is as this letter is a federal document.

https://www.ebenefits.va.gov/ebenefits/about/feature?feature=va-letters

Looking at the amount you say he receives a year it looks like he is at the 100% rate. If he is also receiving Post 9/11 Gi Bill funds include the letter awarding his GI BIll and he will be fine.

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He should receive or be able to print off statements of what he is paid every month. Provide these as proof of the payments he is receiving. You need to provide as much proof as possible that he is receiving the income you reported. Also if it is not all taxable or if he is not required to file taxes you need to send a statement explaining why he has not filed taxes or why the income on the taxes is less than his total income. Pretend you are providing the proof of income to a 10 year old child. Make everything crystal clear.

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