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Received RFIE letter in the mail today.
Similar to this letter  

RFE.PNG

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 


K1 Process 

Spoiler

Dec/19/16....I-129F mailed to Dallas, TX.
Dec/21/16....Delivered at Dallas Lockbox - USPS.

Dec/22/16....Package Received.
Jan/5/17….NOA1 Text and Email. Case sent to CSC (15 days)
Jan/10/17….NOA1 Hard Copy Received. (20 days)

xx/xx/17....NOA2 Text and Email.  Nothing
May/11/17....NOA2 Hard Copy Received. (140 Days form Received date)
May/19/17....NVC Received I-129F.
May/19/17....Case Number Received.

May/25/17....Consulate Received.

June/11/17....Medical.
July/25/17....Interview.

Aug/10/17....Visa Issued. (231 Days from Received date )

 

AOS Process

Oct/07/17.... AOS mailed to Chicago, IL.

Oct/09/17....Delivered at Chicago Lockbox - USPS.

Oct/10/17....Package Received.

Oct/13/17....NOA1 Text and Email. Case sent to MSC. (3 Days)

Oct/19/17....NOA1 Hard Copy Received. (9 Days)

Oct/26/17....Biometrics Appointment Letter Received . (16 Days)

Nov/2/17....Request for Initial Evidence. (23 Days)

Nov/6/17....RFIE Letter Received. (27 Days)

Nov/20/17....RFIE Letter Respond Delivered. (41 Days)

 

 

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3 minutes ago, J&A10 said:

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

From the I-864 instructions:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Quote
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

The emphasis is mine. If the petitioner's income is above the poverty level, and that is the basis upon which you intend to qualify, I would recommend including pay stubs for the previous six months (to establish the rate of pay) and a letter from the petitioner's employer. There are lots of example letters online.

 

Otherwise, USCIS is suggesting that you use assets to make up the difference, or a joint sponsor.

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6 minutes ago, J&A10 said:

Received RFIE letter in the mail today.
Similar to this letter  

RFE.PNG

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

We got exactly the same thing! The same two items with the same wording. No tips, only sympathy...

 

What you plan to do makes a lot of sense to me. But it is not what was requested if you read the letter word by word... Maybe we have to read between the lines.

 

Hopefully someone else can provide some experience.

 

 

 

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19 minutes ago, J&A10 said:

Received RFIE letter in the mail today.
Similar to this letter  

RFE.PNG

 

 

We believe we got this because the 2016 tax return income was only $10,000, due to unemployment for some of the year because of attending school. We did not explain that in the package.

Since the beginning of 2017, the annual income is now over $30,000. We are now collecting everything and writing a letter to explain the 2016 situation. 
Any suggesting or tips? 

No, it's not about the 2016 income.
What did you submit to prove your current income ?
Self empolyed or employee ?


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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14 minutes ago, Suudsu said:

From the I-864 instructions:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

The emphasis is mine. If the petitioner's income is above the poverty level, and that is the basis upon which you intend to qualify, I would recommend including pay stubs for the previous six months (to establish the rate of pay) and a letter from the petitioner's employer. There are lots of example letters online.

 

Otherwise, USCIS is suggesting that you use assets to make up the difference, or a joint sponsor.

The petitioner's income has been above poverty level for all of 2017, as well as 2014 and 2015, so that's what we've been basing it on. We attached 2017 pay stubs and an employment verification letter when originally submitting the I-485, but didn't give explanation when filing about why 2016 was low. 

 

 

11 minutes ago, JoJoJoJo said:

We got exactly the same thing! The same two items with the same wording. No tips, only sympathy...

 

What you plan to do makes a lot of sense to me. But it is not what was requested if you read the letter word by word... Maybe we have to read between the lines.

 

Hopefully someone else can provide some experience.

 

 

 

 

We will include the petitioner's bank statements for the past 12 months when we provide additional evidence, which is what they ask for in the request for initial evidence.. these statements will show deposits that are above poverty level, when all totaled together. We hope that will help.

 

 

1 minute ago, Ebunoluwa said:

No, it's not about the 2016 income.
What did you submit to prove your current income ?
Self empolyed or employee ?

 

Employee of a company since the beginning of 2017. We submitted an employment verification letter and some pay stubs. We're going to include bank statements for the past 12 months for when we give additional evidence, and will give 2014 and 2015 tax returns, to show that the petitioner's income has always been way above poverty level (except for in 2016). 


K1 Process 

Spoiler

Dec/19/16....I-129F mailed to Dallas, TX.
Dec/21/16....Delivered at Dallas Lockbox - USPS.

Dec/22/16....Package Received.
Jan/5/17….NOA1 Text and Email. Case sent to CSC (15 days)
Jan/10/17….NOA1 Hard Copy Received. (20 days)

xx/xx/17....NOA2 Text and Email.  Nothing
May/11/17....NOA2 Hard Copy Received. (140 Days form Received date)
May/19/17....NVC Received I-129F.
May/19/17....Case Number Received.

May/25/17....Consulate Received.

June/11/17....Medical.
July/25/17....Interview.

Aug/10/17....Visa Issued. (231 Days from Received date )

 

AOS Process

Oct/07/17.... AOS mailed to Chicago, IL.

Oct/09/17....Delivered at Chicago Lockbox - USPS.

Oct/10/17....Package Received.

Oct/13/17....NOA1 Text and Email. Case sent to MSC. (3 Days)

Oct/19/17....NOA1 Hard Copy Received. (9 Days)

Oct/26/17....Biometrics Appointment Letter Received . (16 Days)

Nov/2/17....Request for Initial Evidence. (23 Days)

Nov/6/17....RFIE Letter Received. (27 Days)

Nov/20/17....RFIE Letter Respond Delivered. (41 Days)

 

 

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15 minutes ago, J&A10 said:

The petitioner's income has been above poverty level for all of 2017, as well as 2014 and 2015, so that's what we've been basing it on. We attached 2017 pay stubs and an employment verification letter when originally submitting the I-485, but didn't give explanation when filing about why 2016 was low. 

 

I am not sure whether it is helpful, but we have a cover letter explaining some general background (just like how you share your situation here on VJ) and what every piece of evidence is for. If we make a claim, we quote their instructions. We even put a square sticker on each of the evidence, explaining what that evidence is used to prove. Otherwise, if we dump a lot of evidence to USCIS, they will have to figure out what is going on, and they might misunderstand what is for what. Just thought it would make it convenient for USCIS to easily make a decision with all the information you intend to show without misunderstanding.

 

We will include the petitioner's bank statements for the past 12 months when we provide additional evidence, which is what they ask for in the request for initial evidence.. these statements will show deposits that are above poverty level, when all totaled together. We hope that will help.

 

If you used deposits, the 12 monthly savings are averaged  and not totaled as the RFIE requires. Also, it has to be three times the difference between the poverty line and your income.

 

 

Employee of a company since the beginning of 2017. We submitted an employment verification letter and some pay stubs. We're going to include bank statements for the past 12 months for when we give additional evidence, and will give 2014 and 2015 tax returns, to show that the petitioner's income has always been way above poverty level (except for in 2016). 

My replies are in blue above

Edited by JoJoJoJo

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I don't know if this is an option but maybe you could wait till January, submit a tax return for 2017 and a letter explaining that you were studying on 2016. I think they only care for the most recent year. Or if you have the difference in a savings account, around 30k, you could send the bank statement for the last 12mo for that account.

The easiest way would be to add a co-sponsor.

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