RFE (I-485)

[APGG94 35]

I just received an RFE in the mail for my I-485 application. It states as follows:

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

 

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

 

• 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.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets must equal the stated difference between the petitioner/sponsor's household income and 125% of the poverty guideline.

• Assets must equal the difference for applicants filing as orphans. 

• Assets must equal three times the difference for a spouse or child of the United States citizen.

• Assets must equal five times the difference for all others.

 

Evidence of assets includes: 

• Bank statements covering the last 12 months (statements will be averaged over 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; 

• Evidence of ownership and value of stock, bonds and certificates of deposit; 

• Evidence of ownership and value/equity of other personal property and dates acquired;

• Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgage/lien or lien release of any real estate.

 

And then they include information for if I need to obtain a joint sponsor. 

 

I have 87 days to respond. 

 

The problem I have is, my spouse makes over the poverty guideline for a household of 2 but about $10,000. We submitted his past W2s and tax transcripts for the last 2 years and his most recent W2s from 2017 (it was too early to request tax transcripts). We also submitted a letter from his employer. I'm wondering why were getting a letter stating he's not making enough. 

 

Also, do we have to submit evidence of assets if he makes enough money? 

[isa_bella 41]

26 minutes ago, APGG94 said:

I just received an RFE in the mail for my I-485 application. It states as follows:

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

 

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

 

• 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.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets must equal the stated difference between the petitioner/sponsor's household income and 125% of the poverty guideline.

• Assets must equal the difference for applicants filing as orphans. 

• Assets must equal three times the difference for a spouse or child of the United States citizen.

• Assets must equal five times the difference for all others.

 

Evidence of assets includes: 

• Bank statements covering the last 12 months (statements will be averaged over 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; 

• Evidence of ownership and value of stock, bonds and certificates of deposit; 

• Evidence of ownership and value/equity of other personal property and dates acquired;

• Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgage/lien or lien release of any real estate.

 

And then they include information for if I need to obtain a joint sponsor. 

 

I have 87 days to respond. 

 

The problem I have is, my spouse makes over the poverty guideline for a household of 2 but about $10,000. We submitted his past W2s and tax transcripts for the last 2 years and his most recent W2s from 2017 (it was too early to request tax transcripts). We also submitted a letter from his employer. I'm wondering why were getting a letter stating he's not making enough. 

 

Also, do we have to submit evidence of assets if he makes enough money? 

I received the same exact RFE and was also wondering because my husband makes enough. What I did is I looked for a joint sponsor who is making 5 times above the poverty line and who could provide me with the tax documents. If that doesn't suffice, then I don't know what else to do. Haha.

It seems like many people are getting RFE regarding the same thing even though the income was enough. Look at the Feb 2018 thread and you'll find many in a similar situation.

It actually isn't too early to request tax transcripts. My joint sponsor was able to request one for 2017. 

If you can't get a joint sponsor, submit evidence of assets. Or both. The more the better, to prevent another RFE.

Good luck! 

[APGG94 35]

6 minutes ago, isa_bella said:

I received the same exact RFE and was also wondering because my husband makes enough. What I did is I looked for a joint sponsor who is making 5 times above the poverty line and who could provide me with the tax documents. If that doesn't suffice, then I don't know what else to do. Haha.

It seems like many people are getting RFE regarding the same thing even though the income was enough. Look at the Feb 2018 thread and you'll find many in a similar situation.

It actually isn't too early to request tax transcripts. My joint sponsor was able to request one for 2017. 

If you can't get a joint sponsor, submit evidence of assets. Or both. The more the better, to prevent another RFE.

Good luck! 

Thanks! I don't think a joint sponsor is immediately possible right now. I just don't  get what else they need from us. I'm wondering it its because we sent 2 different W2s. He got a new job in September and went from making $26,000 - $37,000. We submitted both W2s with the total income reported at about $30,000 so maybe we have to attach a letter explaining that the W2s are different since both have different totals that don't meet the guideline? (I'm assuming the officer didn't look at everything properly?) He will go ahead and request transcripts for 2017 and we'll send bank statements for the money we have saved. Hopefully that's enough.