Confused about RFE concerning AOS

[Catrachocamer 0]

My wife is going through the AOS process with USCIS and got a Request For Evidence, I was informed to send enough proof that meets 125 % of USCIS poverty level for a 3 person household size for 2015 year for I-485

It states i listed income in form I-864 as an mount to be considered as sufficient ( which is 90k currently) however no evidence has been submitted as proof of income.

1. However, I'm a little confused about the AOS process now because last year i only made 20,200 working seasonally/temporarily, so i could go visit wife whenever i wanted. that said i do not meet the requirements for 3 household now with our son been born into the household. I wonder since its only been six months if our son still counts as a dependent on the household size as well?

2.This year I've already made 70K and not sure if that can count as assets ? or do i need to simply send the supporting documents asked (w2,tax transcripts,1040) and letters from employer, bank statements showing increasing income for 2016 and not worry about the poverty level for family of 3 which is 25,200 for 2016 USCIS poverty guideline? or would they factor my current income already grossed?

3. I already filled form I-864A initially and would like to file form I -864 EZ instead and leave out our son since its only been 3 months to lower the household size to just two since theyre going off of 2015 tax year >?

Thanks for reading, any advice would be appreciated

[arken 4,197]

You are earning over 70k and u r worried!!!!!

This is what u need to send as a response to the RFE...

1. Last year tax transcript, ignore the fact that you earned only 20k.

2. Current year (2016) income is what matters. Get your employment verification letter from ur employer menationing the annual invome for 2016. Provide las few months if paystubs. Put expected annual income for 2016 in Current annual income in i864.

4. Don't lower ur household size....

You will have no issues

All they want is the proof that u r earning what u r saying in 2016.

[Pinkrlion 2,607]

You have to submit proof of the income you listed, you need to submit W-2s, current checkstubs, and a letter from your employer. Changing documents will result in another RFE and delay in your process.

[KayDeeCee 4,891]

My wife is going through the AOS process with USCIS and got a Request For Evidence, I was informed to send enough proof that meets 125 % of USCIS poverty level for a 3 person household size for 2015 year for I-485

It states i listed income in form I-864 as an mount to be considered as sufficient ( which is 90k currently) however no evidence has been submitted as proof of income.

1. However, I'm a little confused about the AOS process now because last year i only made 20,200 working seasonally/temporarily, so i could go visit wife whenever i wanted. that said i do not meet the requirements for 3 household now with our son been born into the household. I wonder since its only been six months if our son still counts as a dependent on the household size as well?

2.This year I've already made 70K and not sure if that can count as assets ? or do i need to simply send the supporting documents asked (w2,tax transcripts,1040) and letters from employer, bank statements showing increasing income for 2016 and not worry about the poverty level for family of 3 which is 25,200 for 2016 USCIS poverty guideline? or would they factor my current income already grossed?

3. I already filled form I-864A initially and would like to file form I -864 EZ instead and leave out our son since its only been 3 months to lower the household size to just two since theyre going off of 2015 tax year >?

Thanks for reading, any advice would be appreciated

1.) Your minor children are always counted in your household size. Read the instructions.

2.) It is not about what you made so far this year, or what you made last year. It is about your current annual income. How much you make in a year's time span. You make $90k a year. That is what you list as your current annual income. You provide a letter from employer and recent pay stubs to prove that current annual income amount.

3.) They are not going off your 2015 tax year. It sounds like you received an RFE asking for a complete copy of your 2015 return(going by this and your other post on this topic). It is a requirement. If the most recent return is not complete or missing, then you will receive an RFE for it. If you receive an RFE for the tax return, the RFE letter will always state your income was insufficient. You must provide evidence to show what your actual current annual income is. Read the instructions.

Also, you do not fill out an I-864A as the USC petitioner/sponsor. You must provide an I-864. If you need to make updates to list your $90k annual income instead of putting what you made last year, then send in another updated I-864 form.

I responded to you already in your other thread on this topic > http://www.visajourney.com/forums/topic/608673-question-on-rfe-on-i-485/

[Catrachocamer 0]

thanks for all the helpful insights.