I864 RFE

[jak91 0]

Hello!

I am currently filing for AOS and have received an RFE for petitioner proof of income. It states that whilst the income listed on i864 is valid, we did not provide enough evidence of income. It is asking for 6 months of pay stubs, unfortunately my wife has only been employed for three months so cannot provide pay checks for the last 3 months. Does this mean she cannot sponsor me?

In case this happened, we did also income my income (the beneficiary) as household income along with 6 months paychecks, employment letter etc, however we have still received the RFE so I am a little confused. Is anyone able to help?

[aleful 1,905]

hi

your income doesn't count, unless you have been here on a work visa and will continue to work with the same company,

have you been working legally in the country, because usually the beneficiaries' income doesn't count

and your wife just recently started, so, she needs to supply assets or a joint sponsor

[jak91 0]

hi

your income doesn't count, unless you have been here on a work visa and will continue to work with the same company,

have you been working legally in the country, because usually the beneficiaries' income doesn't count

and your wife just recently started, so, she needs to supply assets or a joint sponsor

Thank you for your response! So what you are saying is they will not accept 3 months pay stubs instead of 6?

I have been working here legally on an E-2 Visa since February 2015.

[Nich-Nick 3,353]

Did you include a photocopy of the E-2 visa to show your income was legally obtained...as in you are authorized to work. They probably are disregarding yours without that documentation.

Can your wife get an employer letter?

[jak91 0]

Did you include a photocopy of the E-2 visa to show your income was legally obtained...as in you are authorized to work. They probably are disregarding yours without that documentation.

Can your wife get an employer letter?

Hi Nich-Nick,

Yes, I included a photocopy of the E-2 Visa.

Yes she can get an employment letter and she can also get pay stubs for the past 3 months, just not the 6 months that has been requested on the RFE. Any thoughts if the combination of 3 months pay stubs and letter will be sufficient?

At the top of the letter is says to include ALL of the below documents, which concerns me.

Thanks for your help

[Nich-Nick 3,353]

I would think that would be enough, especially if that's all she has.

[KayDeeCee 4,891]

Include what she has. She can include a statement that the job is new and so she does not have the full 6 months worth yet, but is also providing a letter from employer. Have that letter state what her position is, that it is permanent, and her salary.

Did you include proof that your income would continue from the same source one you become a permanent resident? You have to prove you are authorized to work, and that the income will continue once you get your green card. I would point out your income again, and provide the proof that it will continue and once again your last 6 months of pay stubs.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - not AOS from a K visa ~

[Nich-Nick 3,353]

Hi Nich-Nick,

Yes, I included a photocopy of the E-2 Visa.

Just an additional thought...the E-2 visa photocopy as part of the general application might not have clicked with them. I meant was it repeated as part of the financial section right there with your proof of income. I like to connect the dots for them. Maybe a notation written at the bottom of the photocopy saying proof the beneficiary spouse is authorized to work. But like Kay said above, if the visa expires in a month or so, what shows the job will continue?

[jak91 0]

Include what she has. She can include a statement that the job is new and so she does not have the full 6 months worth yet, but is also providing a letter from employer. Have that letter state what her position is, that it is permanent, and her salary.

Did you include proof that your income would continue from the same source one you become a permanent resident? You have to prove you are authorized to work, and that the income will continue once you get your green card. I would point out your income again, and provide the proof that it will continue and once again your last 6 months of pay stubs.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - not AOS from a K visa ~

[jak91 0]

Thank you for your help!

So I included a letter stating my salary and that my position was full time and permanent along with my contract of employment. My visa is for another 3 years however my i94 expires in February. Is what I provided what they are looking for or do they require something clearly stating my employment would continue after my status adjusts? I would be reluctant to ask for his we I'd be concerned that if my company new I was adjusting status they would think I was planning to leave and this could effect my work.

Do you think my wife's employment letter stating everything they have asked for along with 3 months pay stubs and a statement explaining this will be enough? Or should I look for another sponsor?