Jump to content

Request for Initial Evidence - HELP!

3 posts in this topic

Recommended Posts

Hey all, me again! With another snag, as it were. 

After my fiance was made redundant at his previous job in October, I moved from the UK to the US late October, to which he got a high paying job a few days later. We got married on October 31st, and filed the AOS. All was well, until today we received that dreaded yellow letter... but it's incredibly confusing.

The first part states that my husbands (the sponsor) income is sufficient, but pay stubs are required for the previous six months. - My question for this, is what do we do in the case that we can't get his previous works pay stubs, as they were from April 2016 to October 2016, but the manager no longer speaks to my husband, and there doesn't appear to be a way we can get hold of them. 


Secondly, they ask for all supporting tax documentation for the most recent tax year, which my husband sent in with the original package for the aos. We obviously can't do this year, as they file taxes in April, and there's no way we can file first before the 87 days response time is up. So I'm not sure what to do about this one, he sent certified copies, so they were official. 


And thirdly.... it then says we don't meet the 125% poverty Guidline, when my husband alone earns the poverty guideline for 5 people. So... why are we sufficient in the first part... but not on the third? Help???! 

Share this post

Link to post
Share on other sites

Exactly what does it say and exactly what did you send in (each item). These questions come up a lot ..and it's really a guess work without the exact info.

As for the not meeting 125%, this is automatically generated when the proof is insufficient. Doesn't mean he doesn't make it..just that he failed to prove it adequately.

K1 Visa & AOS


2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)



Share this post

Link to post
Share on other sites

Your husband's current employer (human resources manager or boss) needs to write him an employment verification letter on company stationery which states his job title, how long he has been there, his primary job duties and importance to the company, whether job is temporary or permanent, and his monthly salary. The letter needs to be signed and dated by an official of his company. Since he is fairly new to the company,  this should suffice in place of six months of pay stubs and tax returns. Hope this helps.

Edited by Russell&Maria

K-1 Fiance Visa Process

November 2013 - Met online: Match.com
December 6 - 8, 2013 - Met in person for the first time in Mexico.
February 2014 - Filed for K1/K2 Visa
April 2014 - K1 Visa Approved
April 2014 - January 2015 - Delay due to passport issue.
January - February 2015 Passport for daughter obtained and interview appointment scheduled and trip to Juarez booked
March 19, 2015 - Attended interview in Juarez. fiancée denied. Allowed to file for I-212 and 601 waivers
June 25, 2015 - 212 and 601 Waivers received at Phoenix lockbox and forwarded to Nebraska Service Center.
December 21, 2015 - Waivers Approved

December 28, 2015 - Instruction letter received. Request for passports and new medical.
February 1-3, 2016 - Trip to Juarez for new medical and submit passports to consulate.
February 5, 2016 - Medical documents and passports received at consulate.
February 10, 2016 - Visa status showing as "Ready".
February 16, 2016 - Visa status showing as "Issued"
February 17, 2016 - Waybill sent. Delivery to Tijuana, MX on February 19, 2016
February 22, 2016 - Entry into California through Otay Mesa POE without daughter who decided to stay in MX.
April 30, 2016 - Married!!!!

AOS, EAD, AP Process

June 1, 2016 - Mailed adjustment of status packet.
June 3, 2016 - Packet delivered to Chicago Lockbox.
June 13, 2016 - Text message that AOS Packet was received
June 15, 2016 - NOA1 Received I-485, I-131, I-765
June 24, 2016 - NOA2 Biometrics Appointment Letter Received
July 8, 2016 - Biometrics Appointment
July 25, 2016 I-485, I-131, I-765 Cases appeared on USCIS Website.
August 23, 2016 - Text and e-mail confirmation of Approval of I-131 and I-765. "Card has been ordered"

August 29, 2016 - EAD/AP Card received via USPS Priority Mail.

November 21, 2016 - Received text that Interview has been Scheduled for 12/21/16

December 21, 2016 - Interview in San Francisco

December 29, 2016 - AOS Approved, New card being produced.

January 4, 2017 - Card has been mailed.

February 6, 2017 - Card still not received.

March 2, 2017 - I-90 filed with Potomac Service Center due to original card being lost by local post office.

March 21, 2017 - New biometrics performed.

May 10, 2017 - INFOPASS appointment in SF. I-551 Stamp put in passport to show permanent residency I-90 for replacement filed. Stamp valid for 1 year.

December 11, 2017 - I-90 Approved, New replacement card being produced.

December 19, 2017 - Card Delivered :D, Wife picked up from Post Office. 



Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.