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samesexpanama

RFE on i-485, help needed!!

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I came to the US on a K1 visa on March. We got married two weeks after my arrival and started preparing the i-485 package, with the EAD and AP. A few days ago, unfortunately, we received an RFE. It says we need to:

 

1. Submit all supporting tax documentations (W-2s, 1099x, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. 

2. 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/sponsor's household size. 

 

Then it goes on to list the evidence of assets or documents we need from a sponsor. 

 

I am a bit confused, because my wife makes 40k per year plus commission, and it's only the two of us. It's a new job though, in 2015 she made 33k because she quit her job in my country and went traveling for a while. She's been at her new job for three months and she has about 30k in savings.

 

It could be that we didn't submit the 2016 tax return transcript since it wasn't available yet, we submitted 2015. Also, she had been living in Panama for two years and took the foreign earned income tax exclusion recently. Would that be an issue?

 

Should we submit a new affidavit of support including the savings information? We have the tax return transcripts and the W2 for 2016, is that all we need since she is not self employed? What are the tax schedules?

 

Should we get a lawyer? she doesn't have much family and a sponsor is pretty much out of the question. Also, with her commission she is going to make about 64k for 2017 and has a tons of savings. Is that not enough?

 

We are really freaking out here. 

Edited by samesexpanama
grammar

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Agree with previous poster, this is a generic response. It doesn't mean she fails to meet the 125% requirement. It means you failed in sufficiently proving this. In response include:

1 - new i-864 (since you are adding 2016 return, and assets if including)

2 - 2016 return + w2's and ANY other forms and/or schedules filed with the 2016 return. It needs to be complete. For example if she filed 2555 FEIE with it, that needs to also be included, or it's incomplete. This is why many send the transcripts available to be requested from IRS website instead, which incorporates all that information.

3 - as many pay stubs as she has to date

4 - letter from employer verifying salary, how long she worked there, type of employment (since job is new, as much evidence of the income continuing as possible is good)

5 - proof of financial assets (if you're including this) - letter and/or bank statements showing the savings, when account was opened, how much is in there yadda yadda.

6 - copy of the rfe

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

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)

 

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