Unsufficient income

[Sekhvaruli 74]

My son is filing for his foreign wife, who came here with a tourist visa. Unfortunately, his income for 2015 is only 19K. But they want to send the package now, saying that if they get an RFE, that will be already after filing 2016 taxes, and he will provide the new tax form with higher income.

Do you think that will be OK? Is there the risk of denial his I-130 and his wife's I-485?

Edited December 19, 2016 by Sekhvaruli

[aleful 1,905]

hi

not a denial, but an rfe sooner than they think. the 2016 tax is not needed nor accepted until after April 15th or when tax season is over

so they might get an RFE before that

[Sekhvaruli 74]

hi

not a denial, but an rfe sooner than they think. the 2016 tax is not needed nor accepted until after April 15th or when tax season is over

so they might get an RFE before that

Well, they normally give 84 days to answer the RFE, right? So, my kids still may be good, I guess. They want to send the docs now, for the fees are increasing starting December 23rd, and they don't want to waste around $500.

Edited December 20, 2016 by Sekhvaruli

[Penguin_ie 5,994]

What income does he make now? If his current and ongoing income is sufficient, he may not even get an RFE

**** moved from Bringing Family to AOS from Tourist Visa forum ******

[Katherine93 30]

He can use his current income if it exceeds the requirement. He will need to provide an employment letter stating his current job and salary, as well as 6 months worth of pay stubs.

[Sekhvaruli 74]

They have sent his bank statements, confirming his current income, which covers the needed level.

Edited December 20, 2016 by Sekhvaruli

[Katherine93 30]

They have sent his bank statements, confirming his current income, which covers the needed level.

They need to include his last 6 months of pay stubs, if they have not done so yet, to prove current income. Bank statements are not necessary unless his current income does not meet the poverty level, in which case they can be used to make up the difference.

If they have submitted the pay stubs, as well as the employment letter, they should not get an RFE for this. When they have their interview, they can bring their 2016 tax return.