HELP! RFE I-485; anyone with similar experience got approved? (merged)

[Kaya19 0]

I submitted my application to be a permanent resident and neglected to include sponsor's evidence of sufficient income (my husband's my sponsor, and his current income exceeds the 125% guideline). I received a Request for Initial Evidence (RFE) requesting income evidence AND proof of assets/joint sponsor. I reviewed a few forums and it seems the common belief is that if you have proof of sufficient income, proof of assets/joint sponsor should no longer be relevant.

1) Has anyone sent in just the income evidence but got approved anyway? Or what were your experiences like? I'm worried because the letter says failure to submit all requirements WILL (not may) result in a denial.

2) Other thing that worries me... my husband's income exceeded the 125% poverty guidelines only starting August 2016, obviously this isn't shown in the 2015 tax return. Does this definitely mean that his current income isn't sufficient? or can I back that up using his employment letter?

Your advice is much appreciated!!

[Kaya19 0]

I submitted my application to be a permanent resident and neglected to include sponsor's evidence of sufficient income (my husband's my sponsor, and his current income exceeds the 125% guideline). I received a Request for Initial Evidence (RFE) requesting income evidence AND proof of assets/joint sponsor. I reviewed a few forums and it seems the common belief is that if you have proof of sufficient income, proof of assets/joint sponsor should no longer be relevant.

1) Has anyone sent in just the income evidence but got approved anyway? Or what were your experiences like? I'm worried because the letter says failure to submit all requirements WILL (not may) result in a denial.

2) Other thing that worries me... my husband's income exceeded the 125% poverty guidelines only starting August 2016, obviously this isn't shown in the 2015 tax return. Does this definitely mean that his current income isn't sufficient? or can I back that up using his employment letter?

Your advice is much appreciated!!

[dmillien 2]

Hello, the same thing happened to me.what i did was re-sent the whole affidavit of support form with extra orove of income... Ex:letter from my employer, 4 paystubs, and an actual tax transcripts. I also typed a ltter stating thay, my income on my taxes does not reflect how much i actually make. I also type in the letter how much i make and that it is above the poverty line. I heard of uscis doing that to a lot of people. They seng me that same RFE twice. Hope that helped.

[Harpa Timsah 13,258]

Current income is what counts, but his job is so new that you might want to get a co-sponsor.

Had you submitted the correct documents in the first place, you could have checked whether or not his income was sufficient, but since you did not, you only have one chance now and getting a co-sponsor is safer.

You need, at the lest, proof of his current income, by sending a letter from his employer or 6 months worth of paystubs (which you don't have).

What exactly did the RFE say?

[EM_Vandaveer 2,408]

USCIS usually wants to see 6+ months at the same job. Best bet is to send proof of his income and also get a joint sponsor.

[Ash.1101 1,756]

I'd be careful if his current income only went over 125% just two months ago. That means ideally, you've only been issued 2 and a half worths pay checks MAX of what meets the poverty line.

Current income does matter, but it's not just current and forget the rest, it's current and stable income that's what matters.

When did you file for the AOS? Was it BEFORE your husband started making 125%?


Chances are they're going to want a cosponsor, even if he makes over 125% at this very moment. He may not have been making it long enough for it to matter. While there are minimum requirements to meet, sometimes meeting those aren't enough if you haven't been meeting them for long or if they question the money at all.



Filling in your timeline can help us see how long your case has been going and give advice!

Edited October 15, 2016 by Ash.1101

[Kaya19 0]

Thanks for your help Dmillien! It is much appreciated!

[Kaya19 0]

Current income is what counts, but his job is so new that you might want to get a co-sponsor.

Had you submitted the correct documents in the first place, you could have checked whether or not his income was sufficient, but since you did not, you only have one chance now and getting a co-sponsor is safer.

You need, at the lest, proof of his current income, by sending a letter from his employer or 6 months worth of paystubs (which you don't have).

What exactly did the RFE say?

Thanks Harpa!! The RFE says:

1) The sponsor lists current income on I-864 as an amount considered to be sufficient; however, no evidence has been submitted as proof of current income. Submit evidence of current income, including:

-pay stubs or documentation of pay for previous 6 months

letter of employment:

-dates of employment

-nature of job

-yearly salary

-number of hours per week

-prospects for future employment/advancement

2) submit all supporting tax documentation for most recent tax year.

Sponsor must submit all supporting tax documents for most recent tax year.

3) Based on documents submitted with I-864 for the sponsor, the income did not meet 125% of the poverty guideline for the sponsor's household size. (Then they said either submit evidence of assets or joint sponsor)

[Kaya19 0]

I'd be careful if his current income only went over 125% just two months ago. That means ideally, you've only been issued 2 and a half worths pay checks MAX of what meets the poverty line.

Current income does matter, but it's not just current and forget the rest, it's current and stable income that's what matters.

When did you file for the AOS? Was it BEFORE your husband started making 125%?

Chances are they're going to want a cosponsor, even if he makes over 125% at this very moment. He may not have been making it long enough for it to matter. While there are minimum requirements to meet, sometimes meeting those aren't enough if you haven't been meeting them for long or if they question the money at all.

Filling in your timeline can help us see how long your case has been going and give advice!

My husband started his job on August 29th, and the AOS was mailed around Sept 1st. I could see why his current income would be questionable given the length of his job.

Thanks so much for all your help!

Timeline:

9/1 AOS application mailed

9/14 - AOS application received notification

9/17 - biometrics appointment notice

10/4 - completed biometrics

10/4 - received RFE