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

[tonyb919 107]

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.

We (veterans) do not get a monthly pay advice, we are just paid. We get a letter once a year confirming our percentage.

Thus the reason for the AB8 letter that we can print on demand from the VA website further confirming our monthly payment amount and our percentage rating.

[Hank_ 9,173]

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.

USCIS wants to see the IRS worksheet showing your husband is exempt from filing. IRS form 915 http://www.irs.gov/pub/irs-pdf/p915.pdf

[Loving_girl 38]

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.

I was in exactly the same situation. Husbands income is non taxed and is from the VA. We sent VA pay stubs, retired ID, IRS explanation etc but still got the same RFE as you. DO NOT PANIC! If your income is above 125% of poverty guideline based on your family size than you are fine.

How we answered our RFE:

1. I wrote again explanation letter (did some math for them as for how our income is formed, and AGAIN stated that docs were already submitted while filling for AOS and said that we re-submit some docs (which were letter from VA with annual income and IRS explanation that income not taxed)

2. In the RFE that you (I) got they give you options what to submit, in our case we printed bank statements for 1 year from my husband (and marked with different colour monthly payments from the VA - and pointed those in my explanation letter).

Make sure you have copies of all you receive or send to/from USCIS so later you can prove all you submitted.

[tonyb919 107]

USCIS wants to see the IRS worksheet showing your husband is exempt from filing. IRS form 915 http://www.irs.gov/pub/irs-pdf/p915.pdf

IRS form 915 does not apply for VA benefits!

VA Benefits are not SSI, SSA, or any other acronymn you want to call it. VA benefits are not considered or classified as income as far as tax reporting is concerned.

The AB8 Letter, the letter form the IRS stating no filing necessary and what loving_girl stated about the bank statement showing deposits can only help to answer this RFE.

[Hank_ 9,173]

IRS form 915 does not apply for VA benefits!

VA Benefits are not SSI, SSA, or any other acronymn you want to call it. VA benefits are not considered or classified as income as far as tax reporting is concerned.

The AB8 Letter, the letter form the IRS stating no filing necessary and what loving_girl stated about the bank statement showing deposits can only help to answer this RFE.

I am aware of what VA benefits are, I receive them. I was simply stating what makes USCIS "happy" ... do as you please.

[Nyxi 0]

Alright, so bank statements and an AB8 letter?

My husband already sent that in. It's the tax forms that we're not sure to send in..

Edited March 19, 2015 by Nyxi

[KayDeeCee 4,891]

I was in exactly the same situation. Husbands income is non taxed and is from the VA. We sent VA pay stubs, retired ID, IRS explanation etc but still got the same RFE as you. DO NOT PANIC! If your income is above 125% of poverty guideline based on your family size than you are fine.

How we answered our RFE:

1. I wrote again explanation letter (did some math for them as for how our income is formed, and AGAIN stated that docs were already submitted while filling for AOS and said that we re-submit some docs (which were letter from VA with annual income and IRS explanation that income not taxed)

2. In the RFE that you (I) got they give you options what to submit, in our case we printed bank statements for 1 year from my husband (and marked with different colour monthly payments from the VA - and pointed those in my explanation letter).

Make sure you have copies of all you receive or send to/from USCIS so later you can prove all you submitted.

I am glad your documents were finally accepted and that you were approved.

As I and others have said, proving non-taxable income can be a tad tricky, so you need the statement explaining your income is non-taxable and that you are not legally required to file taxes, so you did not. Include benefits letter to show the amount you receive annually, and provide 12 months of bank statements to show how much you receive each month. You meed to point it all out and make it clear how much income you receive.

[Loving_girl 38]

I am glad your documents were finally accepted and that you were approved.

As I and others have said, proving non-taxable income can be a tad tricky, so you need the statement explaining your income is non-taxable and that you are not legally required to file taxes, so you did not. Include benefits letter to show the amount you receive annually, and provide 12 months of bank statements to show how much you receive each month. You meed to point it all out and make it clear how much income you receive.

Thank you! Yes, it took us some delay and time to finally get GC.

Totally agree with your advice, we did it all, and in bank statements there were pointed out monthly payments (and of course expenses.... which is kind of a private thing, but whatever it takes!) We also provided IRS explanation and again it does not take a long time to get the VA letter stating yearly and monthly income.

Good luck to the owner of the thread!

[Rudy & Keren 7]

Hi Nyxi,

If income isn't an issue just properly documenting it in a way the USCIS wants to see, might be worth it to hire an experienced family immigration lawyer that has successfully responded to these RFE.

A lawyer could sit down with you and ask you the questions and decide which way is best to respond.

Certainly no one wants the expense of a lawyer, but if the reply you send doesnt provide exactly what they want. I assume things start to go downhill with the USCIS??

IF things were to go downhill where they did not like your response, in that case you would 100% want to have a lawyer.

Its just I am thinking family immagration lawyers would have experience in appealing all the possible reasons for turn downs and might help you respond in a way that satisfies the USCIS.

Just a thought since you have enough income, just a matter of showing it in a way the USCIS wants to see.

Good luck and let us know what happens!

Rudy USC

[Nyxi 0]

Thank you! Yes, it took us some delay and time to finally get GC.

Totally agree with your advice, we did it all, and in bank statements there were pointed out monthly payments (and of course expenses.... which is kind of a private thing, but whatever it takes!) We also provided IRS explanation and again it does not take a long time to get the VA letter stating yearly and monthly income.

Good luck to the owner of the thread!

Thanks so much for all your help. We will provide them with as much as we possibly can.

[jamyzz08 0]

Hello we have the same problem. My husband is a veteran and 100% disable he receives both income disability from VA and SSA. Now i got rfe stating that we dont hit the poverty guidelines. Im confused beacuse were fine even on our k1 fiance visa we are approved. Now, i dont know what to do i already sent them both letters from VA and SSA stating the amount he receives monthly. Its both tax free. I heared of obtaining statement from IRS. We dont have this, does anyone can help me? My husband is really pissed off from USCIS already. I am hopeful to respond to them as soonest posible. But we dont know how. Thanks in advance!