I-485 RFE - Help Requested!

[rc2015 0]

I recently submitted a concurrent filing of an I-485 (including I-864), I-130, I-131, and I-765.
My wife is a US citizen and I am trying to get a US green card through family.

I was wondering if somebody could give me advice on how to respond to an I-485 RFE I just received.

This RFE requested the following:

1. Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting
tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

2. Based on the documents submitted with Form I-864, Affadavit of Support, for the petitioner/
sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's
household size.

For item # 1, I included the joint tax returns with my wife for the past three years (Form 1040, all the schedules, all the
W2s, and documents sent to the IRS) with my I-864, so I don't understand what any addition they
are requiring? Do you think IRS transcripts for those three years would be sufficient?

For item # 2, my wife is my sponsor and currently does not work (has $0 annual income).
I am currently working on a visa in the US, and earn income above the 125% poverty guideline for
the three people in our US household (including our son). I included a letter from my current employer with the
I-864 stating my salary, my duties, and the intention of the company to continue to hire me well after I receive
my green card. I had originally thought based on reading the instructions for filling out the I-864 that the
household income can include that of the intending immigrant, but based on the RFE that appears not to be the case
in our situation. Is there anything I can do to include my income in the overall household income?

In addition, my wife and I currently have assets that are less than the $75,300 required (three ppl in the household,
three times 125% of poverty guideline) if the income is not enough. However, I have a 401k
that if it was included would put us over the top. Is it ok to include 401(k) balances with your assets evidence for
affadavit of support purposes?

Also, it's hard for us to find somebody who would be able to be a joint sponsor.

Based on the above, do you think I need to get an immigration lawyer to review our documents and what we send back
for the RFE? I completed all the forms myself when submitting everything.

Thanks for your help!

[NancyNguyen 1,657]

The infamous hassle of using intending immigrant income is to prove your income will continue from same source (aka your job) after you obtain your greencard. If you are H1B holder, you can overcome it by sending your wife's updated I-864 with your income included along with your contract (at least couple years, 1 year is not promising,) employer letter showing they will hire you for a while, pay stubs, w2s...

If you are working under OPT, it is headache. Because your OPT will end eventually, therefore there will be a lapse with your income (aka not from same source anymore) so it is really not ideal to include your income, sorry it is how USCIS looks at problem.

And yes you can use 401k as asset. Adding asset will definitively make I-864 better. Good luck.

Edited June 7, 2015 by NancyNguyen