RFE on Adjustment of Status I-485

[Rob and Eva 0]

How is it possible that we receive a request for initial evidence? The USCIS wishes to see my most recent IRS tax return, letter of employment (including dates, years employed and salary), copies of W2 and any assets because we DID NOT MEET THE 125% OF THE POVERTY GUIDELINE FOR THE HOUSEHOLD SIZE???

Here's my bafflement, I submitted the same Affidavit of Support that I used for the application of the I-129F which was accepted. My salary has never changed, so if they accepted the poverty guideline in the middle of the year for her visa, why deny it now when nothing has changed including the guideline? I make well more than what is required.

Is this because of the terrorist attack made by the couple in San Bernardino, California, which the wife came over on a I-129F fiance visa? Are they wanting to know more and examine more of the details because of that??

[Maritah 77]

As far I know, the poverty guidelines got updated in 2015. Probably that's the issue in your case?

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Regards.

M.

[Rob and Eva 0]

No, they were updated before my application for fiance visa. I applied in June for I-129F and in November for I-485. Nothing has changed.

[Anh map 2,098]

Request for initial evidence means that something is missing. It's possible that part of your submission got lost//misplaced. Look at your copies of what was sent. Was everything up to date with recent paystubs and employer letter or did you submit an old copy?

If you submitted the same affidavit form, then you submitted the wrong form. For a K1 it is the I-134, for adjustment of status it is the I-864.

[Rob and Eva 0]

I did send the correct form, all the data and amounts are the same. If it is only because I did not submit enough documentation, like payslips or employer letter.... why wouldn't they just say that? Instead it is requesting everything, recent tax return, W2, letter, assets, AND stating I do not meet the poverty guideline.

Did not meet the poverty guideline? That is crazy if you saw my salary and what the minimum requirements is.

I will be giving them a call at lunchtime for more information, will post my findings after.

[Anh map 2,098]

What exactly does the letter say?

[Rob and Eva 0]

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form I485) without initial information. Submit ALL of the information requested below at one time.

It goes on from there about how many days I got to comply and the details of what is required.

Those requirements are: submit complete Federal income tax return, proof of current income, submit all supporting tax documentation, and based on the documents submitted, the income did not meet 125% of the poverty guideline.

[Marco&Bettina 502]

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form I485) without initial information. Submit ALL of the information requested below at one time.

It goes on from there about how many days I got to comply and the details of what is required.

Those requirements are: submit complete Federal income tax return, proof of current income, submit all supporting tax documentation, and based on the documents submitted, the income did not meet 125% of the poverty guideline.

Just submit all the stuff again then & be done with it.

[Anh map 2,098]

It may have gotten lost or misplaced.

Best thing is to send copies of the listed documents so that processing can continue. Double check yourself to be sure that you send the entire tax return (if you are not sending transcripts) and all supporting schedules, W2'ss, 1099's, etc.

[Rob and Eva 0]

What it appears is what is known as the domino effect.

Either the W2 was missing or misplaced. They could not prove what I was being paid. Even with the Federal income tax return and letter from employer. Because it couldn't be checked and double-checked against something else, it made my income invalid. In doing that, the Affidavit of Support becomes invalid and it's like I am making nothing at all. Hense, I do not meet the poverty guideline.

[Ebunoluwa 6,136]

List here what exactly you submitted. Are you self employed ? Did you send a tax transcript or copy of your return ?

They often rattle down the entire generic template instead of specifying what exactly is missing.

I don't know what exactly you send so it's hard to advice what's missing.

[san diego 407]

It may also be that you meet 100% requirement for k1 but not 125% for aos. What is your reported income?

[Rob and Eva 0]

I clearly make enough income. The fiance visa and AOS use the same formula for poverty guideline. The I-864P, it only is different if you live in Alaska or Hawaii

[djnantes 3]

It depends on your circumstances. If you do not have 125% of the poverty guideline you should send a co-sponsor. That's the only way you'll get approval. It's well known that they are more stringent with the AOS vs. the K-1.

If you do meet the poverty guidelines you need to show more proof. Some things you should do:

1. Get your tax transcripts from the last three years plus your 1040's for any year you were self employed.
2. If you or your spouse are self employed show them each and every 2015 invoice + past 3-6 months of bank statements proving payment of some of the invoices + if you've declared small business to the state submit those documents
3. If you or your spouse are employed by a company get a letter of employment with your annual income included + send copies of your pay stubs.
4. Get official letters from each of your bank accounts proving your assets (have them write the current balance, average balance over the past year, and that it is your account).

I'm not sure what you included in your initial application, but above is all that I included in mine. If you included all of the above than it's likely they simply lost parts of your application and you need to resubmit. If not, then they just need more proof.

Good luck!

[belinda63 2,981]

If you sent everything something might have gotten misplaced. Send a complete tax return (all forms, schedules, W-2s, 1099s if applicable, etc.), or a tax transcript. Send paystubs and employment letter. True a copy of your tax return without the W-2s is not valid for proving income as anyone can print off the tax form and put whatever figures they want into it. Everything must be proved. Just gather everything, check it twice and submit it.