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Question on RFE on I-485

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Im currently undergoing adjustment of status through the K1 visa for my fiancée and was sent a pink slip asking additional info for 1099, Form 2555 and all supporting tax schedules submitted to the IRS recent year, not meeting 125% of poverty guideline since I sent only tax transcripts thinking they'd already have packet from when j initially started the 1-29 K1 visa at embassy ! Silly of me.

1. My questions are can we be denied if one time is missing or can USCIS in summit MO Send a request again for missing documents ? Or how many times can they request or send out new RFE before denial?

2. Would sending official dated Transcrips documents from the IRS cover in place for forms 1099, W2 and 2555?

3. I don't meet the cut off level with USCIS poverty level in 2014, 2013 should I still send the request tax transcripts ? I currently make 90k which is well above the USCIS poverty level and have gotten letterhead typed official from employer stating what they requested as well as supplemented with copies of pay stubs and bank statements to justify assets and meet the 125 % of poverty guidelines !

4. Do any of the documents need to be notorized ?

5. During the year of 2015 I worked seasonal jobs because I traveled to go see fiancée in Central America ! However I got paid in stipends and so much of that wasn't reflected on taxes. So instead of grossing 27,000 With two jobs I grossed only 17,000 which doesn't meet the 25,000 for 3 household and I'm worried if the person looking at my case doesn't see the stipends from both companies they might throw out case out? Whereas this year I've made 65,000 as of September ! Not sure how to approach this ? Any ideas ?

6. What other items can I front load in order to avoid been sent to an interview for AOS ? We currently have a 3 month old and making trips is a little bit of a challenge with wife still adjusting and parenting and I being sole breadwinner

Thanks for anyone reading this long message and appreciate any advise escpecially the poverty guideline and how to navigate through that process .

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You probably need 3 years of tax transcripts, copies of your current year paycheck stubs and a Letter of Employment on company letterhead from your employer. That would be a good start. I would get them that information as soon as possible. I don't think a delay in providing the information is going to be a problem. 2013/2014 is not much of an issue. It's 2015 and current income that you need to prove.

12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received



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No guessing or probabilities here. You definitely do not have to submit the last 3 years of tax transcripts. Only the most recent tax transcript is required to be submitted. It states this on the form itself and of course in the detailed I-864 instructions.

Yes the I-864 for AOS is a whole separate form and requirement. What you provided for the K-1 does not matter at this point. You need to provide the I-864 and supporting documents when filing an I-485.

Sending the IRS transcript is best because then you do not have worry about whether or not you included all the documents needed to make up the complete tax return.

Send proof of the current annual income. Point it out to them. Let them know you earn plenty more than enough for sponsorship. List the current annual income as $90k. Provide letter from employer and last 6 months of pay stubs to prove that current annual income amount.

Nothing needs to be notarized.

Read through the I-864 instructions carefully.

As for the AOS interview, adding in things that are not required by the initial filing or the RFE does not stop an interview. Many people adjusting from a K-1 get an interview waiver. It is not based on 'front loading'. You can send in extras if you wish, but there is nothing that will guarantee you will not have an interview.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

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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