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RFE for I-485: at a loss!

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Good Morning! Yesterday, I received a letter that the request for initial evidence is required for my haitian husbands AOS. Stating : "The petitioner/ sponser lists their current income on Form I-864 as an amount to be sufficient, however, no evidence has been submitted as proof of current income. Submit evidence of the petitioner/ sponsor's current income. Such evidence should include:

*Pay stubs or other documentation of pay for the last 6 moths

*Evidence of other income, such as tax-exempt interest, qualified dividends, IRA distributions, pension Annuities and social security benefits.) None of which I have.

Letter of employment

*Dates of emploment

Number of hours worked per week

*Nature of Job

*Yearly salary earned

*Prospects for future employment and advancement

Submit all Supporting Tax documentation ( W-2's, 1099's, Form 2555 and all supporting tax schedules) Submitted to the IRS for the most recent tax year.

The petitioner/ Sponser must submit all supporting documentation for the most recent tax year.

And then it moves on to the second page, stating if we choose a sponsor, what is required.

But I am at a loss of what they are needed as I make well over the 125% requirement for income. I submitted the last 3 year of tax transcripts although they only asked for 1. I sent in letters from my employer, basically everything off the checklist. So what would be the best possible idea to send, evidence wise to keep the process moving? Do I have to submit everything that they outlined on the form?

Any help and advice is greatly appreciated. Thank you!!

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Good Morning! Yesterday, I received a letter that the request for initial evidence is required for my haitian husbands AOS. Stating : "The petitioner/ sponser lists their current income on Form I-864 as an amount to be sufficient, however, no evidence has been submitted as proof of current income. Submit evidence of the petitioner/ sponsor's current income. Such evidence should include:

*Pay stubs or other documentation of pay for the last 6 moths

*Evidence of other income, such as tax-exempt interest, qualified dividends, IRA distributions, pension Annuities and social security benefits.) None of which I have.

Letter of employment

*Dates of emploment

Number of hours worked per week

*Nature of Job

*Yearly salary earned

*Prospects for future employment and advancement

Submit all Supporting Tax documentation ( W-2's, 1099's, Form 2555 and all supporting tax schedules) Submitted to the IRS for the most recent tax year.

The petitioner/ Sponser must submit all supporting documentation for the most recent tax year.

And then it moves on to the second page, stating if we choose a sponsor, what is required.

But I am at a loss of what they are needed as I make well over the 125% requirement for income. I submitted the last 3 year of tax transcripts although they only asked for 1. I sent in letters from my employer, basically everything off the checklist. So what would be the best possible idea to send, evidence wise to keep the process moving? Do I have to submit everything that they outlined on the form?

Any help and advice is greatly appreciated. Thank you!!

Sounds like the paystubs are what is missing. Was the letter from your employer detailed enough?


AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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You should send W2s and paystubs for 6 months along with your tax transcript again.

Does your employment letter list all the things pointed out, dates of employment, hours per week, salary, etc.?

My letter of employment did, I'll get them to create another one just in case. How do you know which point to pull from on the letters for what they're wanting or is it better to attach everything that is outlined to be on the safe side??

Sounds like the paystubs are what is missing. Was the letter from your employer detailed enough?

I can get that together again, but how do I know what they are wanting since they gave several different options?

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My letter of employment did, I'll get them to create another one just in case. How do you know which point to pull from on the letters for what they're wanting or is it better to attach everything that is outlined to be on the safe side??

I can get that together again, but how do I know what they are wanting since they gave several different options?

They listed other incomes as options, you can't send all because you do not have other income so proof to them

the income that you do have with the missing pay stubs, a new employment letter and the official IRS tax transcript

which has all schedules attached.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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My letter of employment did, I'll get them to create another one just in case. How do you know which point to pull from on the letters for what they're wanting or is it better to attach everything that is outlined to be on the safe side??

I can get that together again, but how do I know what they are wanting since they gave several different options?

Have your employer include every item mentioned.

I just got an RFE and I sent every item they mentioned. I did not want to take any chances. So, if you have something they listed, send it. If not, you can only send what you have available.

Edited by LionessDeon

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They listed other incomes as options, you can't send all because you do not have other income so proof to them

the income that you do have with the missing pay stubs, a new employment letter and the official IRS tax transcript

which has all schedules attached.

Great! Thank you so much. That helps so much

Have your employer include every item mentioned.

I just got an RFE and I sent every item they mentioned. I did not want to take any chances. So, if you have something they listed, send it. If not, you can only send what you have available.

The RFE's are so stressful! Hopefully yours gets sorted out smoothly! And thank you so much for your help.

For the Bank statements: Should I just print out my statements or go into the bank and have them pull everything together??

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Great! Thank you so much. That helps so much

The RFE's are so stressful! Hopefully yours gets sorted out smoothly! And thank you so much for your help.

For the Bank statements: Should I just print out my statements or go into the bank and have them pull everything together??

I don't see bank statements listed in your post but either way is ok whatever is easiest for you.

I am self employed so we also included a bank letter showing the account, opened since (date) and the total amount of the past

12 months deposited. I really think the pay stubs are the missing link in your situation.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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looks like u need them paystubs


K1 Visa Journey:

Engaged: January 26th 2013

Filed I-129F Petition (K1 Visa): April 14th 2015

NOA1 Hardcopy: April 17th 2015

I-129F (RFE): June 17th 2015

I-129F (Respond): July 22nd 2015

NOA2 Hardcopy: August 3rd 2015

Vancouver Embassy Received: September 9th 2015

Packet 3: September 16th 2015.....Packet 3 (Emailed): September 21st 2015

Packet 4: October 1st 2015

Medical Appointment: October 19th 2015

Interview: November 10th 2015 (Approved!!!)

Visa Received: November 16th 2015​

POE To Dallas, TX: November 25th 2015

AOS Journey:​

Married: January 7th 2016

​Filed I-485/I-765/I-131 (AOS/EAD/AP): February 2nd 2016

Package Returned For Wrong Cheque Amount (USCIS Error): February 24th 2016

Re-Filed I-485/I-765/I-131 (AOS/EAD/AP): February 25th 2016

NOA1 (Email + Text x3) I-485/I-765/I-131: March 3rd 2016

NOA1 Hardcopy I-485/I-765/I-131: March 7th 2016

Biometrics Letter: March 18th 2016

​Biometrics Appointment: March 28th 2016

Case Status: Case Is Ready To Be Scheduled For An Interview: April 4th 2016

​I-765/I-131 (EAD/AP) Approved: May 4th 2016......I-765/I-131 (EAD/AP) Hardcopy: May 9th 2016

​EAD/AP Combo Card Received: May 12th 2016

Email Notification:​ Scheduled Interview: October 17th 2016......AOS Scheduled Interview Hardcopy: October 24th 2016

Actual AOS Interview: November 17th 2016......Approval Date: November 18th 2016

​2 Year Green Card Received: November 30th 2016

ROC Journey:

Filed I-751: August 17th 2018 *Pending*

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I don't see bank statements listed in your post but either way is ok whatever is easiest for you.

I am self employed so we also included a bank letter showing the account, opened since (date) and the total amount of the past

12 months deposited. I really think the pay stubs are the missing link in your situation.

It was on there, I just didnt type it out. But thank you! I see on your timeline that you listed you submitted a great deal of financial evidence, what did you submit and they accepted it all as sufficient?

But thank you! I am having my employer prepare paycheck stubs now.

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It was on there, I just didnt type it out. But thank you! I see on your timeline that you listed you submitted a great deal of financial evidence, what did you submit and they accepted it all as sufficient?

But thank you! I am having my employer prepare paycheck stubs now.

They scrutinize self employed petitioners more than those with an employer and that is why I needed more proof such as

proving how long I have had my business (20 yrs) and what I base my future income on. I send bank statements, transcripts,

bank letter, professional state license, business card, projected income business ledger etc, but this does not pertain to you

since you are employed.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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They scrutinize self employed petitioners more than those with an employer and that is why I needed more proof such as

proving how long I have had my business (20 yrs) and what I base my future income on. I send bank statements, transcripts,

bank letter, professional state license, business card, projected income business ledger etc, but this does not pertain to you

since you are employed.

That makes sense. I have paycheck stubs, w2's and a letter of employment. So I am thinking I should be good!

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Did you fill out the 864 correctly? If you didnt you could have the wrong household size which would mean they are looking at a different income level requirement which you may not meet. Many people fill the form out wrong and get an RFE saying they dont have enough income in that case. And the RFE doesnt state what household size you claimed or what income level they are using- so you have to figure it out on your own.... Have you sponsored before?

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My RFE for income did state that I needed to complete a new page 4 for household size and then submit income documents.

I think that if it was a question of household size that would have been mentioned in the RFE like it was in mine.

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