Help! Request for Evidence AOS K1 Visa

[michellemakana 4]

Hi I need some advice on what to do. We filed AOS for my husband who is a K1 visa holder. I could not prove that I make above the poverty limit for affidavit of support because I have never filed taxes because I was a student and didn't make enough/ have a full time job until recently, therefore my mom filed form I-864a and is our joint sponsor. She makes way above the poverty line and we included all supporting documents that are stated in the letter to include. My husband and I received a pink letter in the mail titled: Request for Initial Evidence (I-485) I will write down exactly what it says:

 

 

Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsors household size. 

 

Highlighted: Submit evidence of assets that meet the standars listed below or obtain a joint sponsor

Assets must equal the stated difference between the petitioners/sponsors household income and 125% of the poverty guideline.

 

Evidence of Assets includes:

Banks statements etc etc....

 

If you decide to obtain a joint sponsor they will need to:

-File form I-864 Affidavit of support

-Provide copies of their most recent federal income tax returns

-provide copies of all supporting tax docs. 

 

 

We do have a joint sponsor and we provided all the docs when we initially sent everything in. Could this be a mistake or could they have lost the documents we sent? Should I just resend everything with a letter? Any advice is appreciated. 

[A'n'L 735]

Did you provide evidence/explanation that you were exempt from filing taxes? The main sponsor (spouse) is usually always required to show evidence of filing taxes (unless exempt). Your mother should file i864, not i864a.

[Dashinka 24,594]

3 minutes ago, A'n'L said:

Did you provide evidence/explanation that you were exempt from filing taxes? The main sponsor (spouse) is usually always required to show evidence of filing taxes (unless exempt). Your mother should file i864, not i864a.

I agree with A'n'L.  Did your mother submit a separate i864 and the supporting evidence along with the one for yourself?  Also, as A'n'L stated, you also need to provide an explanation as to why you didn't need to file taxes. 

 

Good Luck! 

[SparklePony 238]

USCIS can't guess why you didn't file taxes if you don't explain why.

[michellemakana 4]

Hi all thanks for the responses. Yes I did send a letter explaining why. But I am sending another more detailed letter with proof. So my mom needs to file I-864 and not I-864a? Thanks for the help

[michellemakana 4]

8 hours ago, Bill & Katya said:

I agree with A'n'L.  Did your mother submit a separate i864 and the supporting evidence along with the one for yourself?  Also, as A'n'L stated, you also need to provide an explanation as to why you didn't need to file taxes. 

 

Good Luck! 

I thought she only needed to do the I-864a with supporting evidence of income. And yes I sent an I-864 and a letter explaining why I was exempt from filing taxes. 

[michellemakana 4]

32 minutes ago, michellemakana said:

I thought she only needed to do the I-864a with supporting evidence of income. And yes I sent an I-864 and a letter explaining why I was exempt from filing taxes. 

We live in the same household

[A'n'L 735]

9 minutes ago, michellemakana said:

We live in the same household

Are you claimed as a dependent on her taxes?

[michellemakana 4]

4 minutes ago, A'n'L said:

Are you claimed as a dependent on her taxes?

No i'm not

[KayDeeCee 4,893]

Did you provide proof that you reside together and of your relationship? Those are required for her to use the I-864A to combine your incomes together to meet the requirement. No one has to claim the other in order to use the I-864A, but it is not always the best option.

 

If she makes more than enough for her own household size plus your husband, then you can just respond to the RFE with another explanation as to why you were not required to file taxes for the last 3 years, and an I-864 with supporting documents(most recent tax transcript and proof of current income) from your mother.

[Dashinka 24,594]

I think KayDeeCee said it best.  I also found this thread that may be helpful.

 

Good Luck!

 

 

[michellemakana 4]

20 minutes ago, KayDeeCee said:

Did you provide proof that you reside together and of your relationship? Those are required for her to use the I-864A to combine your incomes together to meet the requirement. No one has to claim the other in order to use the I-864A, but it is not always the best option.

 

If she makes more than enough for her own household size plus your husband, then you can just respond to the RFE with another explanation as to why you were not required to file taxes for the last 3 years, and an I-864 with supporting documents(most recent tax transcript and proof of current income) from your mother.

Thanks so much for your help! That makes the most sense  

[Usagi_tsukino 89]

It could be a mistake. We received this later too, and my husband's income DOES meet the guidelines, and i know that it happened to other people as well.

[michellemakana 4]

15 minutes ago, banana_princess said:

It could be a mistake. We received this later too, and my husband's income DOES meet the guidelines, and i know that it happened to other people as well.

Yea I'm thinking it could be a mistake but I am going to resend everything along with a letter just to be safe. Thanks!

[Liam2021 583]

16 hours ago, michellemakana said:

Hi I need some advice on what to do. We filed AOS for my husband who is a K1 visa holder. I could not prove that I make above the poverty limit for affidavit of support because I have never filed taxes because I was a student and didn't make enough/ have a full time job until recently, therefore my mom filed form I-864a and is our joint sponsor. She makes way above the poverty line and we included all supporting documents that are stated in the letter to include. My husband and I received a pink letter in the mail titled: Request for Initial Evidence (I-485) I will write down exactly what it says:

 

 

Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsors household size. 

 

Highlighted: Submit evidence of assets that meet the standars listed below or obtain a joint sponsor

Assets must equal the stated difference between the petitioners/sponsors household income and 125% of the poverty guideline.

 

Evidence of Assets includes:

Banks statements etc etc....

 

If you decide to obtain a joint sponsor they will need to:

-File form I-864 Affidavit of support

-Provide copies of their most recent federal income tax returns

-provide copies of all supporting tax docs. 

 

 

We do have a joint sponsor and we provided all the docs when we initially sent everything in. Could this be a mistake or could they have lost the documents we sent? Should I just resend everything with a letter? Any advice is appreciated. 

 

 

 

I'm a student too. Since most full-time students get money from financial aid(federal grants,loan..). The best way to prove that you not required to filed is state you was a full time students, a copy of not filling status you can get online from IRS.Fee statement from school of the last 3 year, class schedules...