Jump to content
Moosebites

Got a Request for Initial Evidence for Greencard - but they don't seem to have taken my (the immigrant's) assets into account?

10 posts in this topic

Recommended Posts

Hi guys, 

 

I came to the US in May on a K1 fiance visa, and applied for my greencard as soon as my husband and I were married. When we filled in the affidavit of support for the greencard, we were in a slightly weird financial situation. My husband was self-employed with sporadic income that was pretty close to the 125% poverty guideline, but I had assets in US dollars that took us over 3x the 125% poverty limit. We included all the information on both his income and my assets on the application.

 

So today, we received a request for initial evidence stating that 'based on the documents submitted with form I-864 the income did not meet 125% of the poverty guidelines'. NOWHERE on the letter does it say whether my assets were considered. The letter goes through evidence they'll accept of income and assets, but NOWHERE does it say anything about using the immigrant's assets - just the sponsor's. Is it possible that someone incorrectly assessed our form and didn't take my savings into account? The instructions on form I-865 are very clear in saying that you can use the intending immigrant's assets. 

 

The letter also states that my husband must include his most recent tax return, but he was a student last year and didn't file one. We also put this information in the I-864 form so I'm not sure what they want us to do about that? If he didn't file a return, he didn't file a return...

 

A further point - my husband has actually got a well-paying salaried job now and has been working it for about 1.5 months. Can we use this income now? Or is it too 'new'? 

 

I'm going to call USCIS next week and ask for an explanation, but assuming that they want more evidence - what on earth do we actually send them? I already sent them my bank statements. We can re-send them, along with my husband's recent pay stubs, but what about the tax return issue? I'm thinking we might need to see a lawyer, but I thought I'd ask on here in case anyone else has run into similar issues.

 

Thanks x

Edited by Moosebites

Share this post


Link to post
Share on other sites
31 minutes ago, Moosebites said:

So today, we received a request for initial evidence stating that 'based on the documents submitted with form I-864 the income did not meet 125% of the poverty guidelines'. NOWHERE on the letter does it say whether my assets were considered. The letter goes through evidence they'll accept of income and assets, but NOWHERE does it say anything about using the immigrant's assets - just the sponsor's. Is it possible that someone incorrectly assessed our form and didn't take my savings into account? The instructions on form I-865 are very clear in saying that you can use the intending immigrant's assets. 

Yes, the intending immigrant's assets can be considered. Either they did consider it and it did not satisfy them (remember the 125% level is only the minimum to be considered...not a guarantee by any means), or you did not provide adequate documentation of the assets to be considered (or they lost the documentation...which has happened).

 

31 minutes ago, Moosebites said:

The letter also states that my husband must include his most recent tax return, but he was a student last year and didn't file one. We also put this information in the I-864 form so I'm not sure what they want us to do about that? If he didn't file a return, he didn't file a return...

Was he required to file a tax return? If so, then that is required. If not, he has to provide a signed letter stating why he was not required.

It's not a as simple as saying he didn't file one...they need to know that he was not required to file one (i.e. if he had no income).

 

31 minutes ago, Moosebites said:

A further point - my husband has actually got a well-paying salaried job now and has been working it for about 1.5 months. Can we use this income now? Or is it too 'new'? 

Include it and provide documentation. I can't guarantee they will consider it (although they probably would IMO), but they definitely won't consider it if you don't list it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
26 minutes ago, geowrian said:

Yes, the intending immigrant's assets can be considered. Either they did consider it and it did not satisfy them (remember the 125% level is only the minimum to be considered...not a guarantee by any means), or you did not provide adequate documentation of the assets to be considered (or they lost the documentation...which has happened).

I had over 3x the 125% threshold. I provided bank statements as it's all liquid. If they lost them, can I resubmit the original bank statements? Or would I have to provide more recent ones? If so, that's a problem, because we've been living partially off my savings the last few months and I'm now below that threshold (because of course, they don't let you work... catch 22!)

 

26 minutes ago, geowrian said:

Was he required to file a tax return? If so, then that is required. If not, he has to provide a signed letter stating why he was not required.

It's not a as simple as saying he didn't file one...they need to know that he was not required to file one (i.e. if he had no income).

 

Include it and provide documentation. I can't guarantee they will consider it (although they probably would IMO), but they definitely won't consider it if you don't list it.

He did provide a signed letter explaining that he was not required to file as he had no income as a student. 

Thanks for your reply. Definitely gonna go talk to a lawyer next week to see what they think is the best way to proceed.

Share this post


Link to post
Share on other sites
4 minutes ago, Moosebites said:

I had over 3x the 125% threshold. I provided bank statements as it's all liquid. If they lost them, can I resubmit the original bank statements? Or would I have to provide more recent ones? If so, that's a problem, because we've been living partially off my savings the last few months and I'm now below that threshold (because of course, they don't let you work... catch 22!)

If you are now under the 125%  x 3 level needed, presumably you were fairly borderline to the necessary level before. As such, they probably considered it insufficient to satisfy the public charge concern IMO.

If you were to use your assets again, you would need to provide new statements showing the current value of the account(s).

 

4 minutes ago, Moosebites said:

Thanks for your reply. Definitely gonna go talk to a lawyer next week to see what they think is the best way to proceed.

Best wishes. Please keep, the thread updated.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
20 hours ago, geowrian said:

Include it and provide documentation. I can't guarantee they will consider it (although they probably would IMO), but they definitely won't consider it if you don't list it.

Just to expand on Geowrian's excellent comments, include all pay stubs and a signed letter from his employer that the new position is permanent and his annual salary is XYZ.


Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

Share this post


Link to post
Share on other sites

Just to add my 2 cents, we used intending immigrant's assets and got an RFE because we sent only our current bank statement. USCIS needed 12 months' bank statements and the average balances of the 12 months needed to be more than 3 X 125% line, not just the most recent statement's balance.

 

While we have provided all other documents for I-864, USCIS requested them again, and we just provided again, like why we did not file tax return for the past year.

 

Good luck.

Share this post


Link to post
Share on other sites

USCIS has been going crazy with the RFE regarding tax returns 

 

myself and others sent our most recent tax return, yet USCIS sill sent a  RFE stating we didn’t.

 

i don’t know who is losing the paperwork, but just be aware there’s something going on with that section. Myelf and several other posters had to re-send the tax returns so hopefully it all works well 

Share this post


Link to post
Share on other sites
23 hours ago, Stevephoto said:

Just to expand on Geowrian's excellent comments, include all pay stubs and a signed letter from his employer that the new position is permanent and his annual salary is XYZ.

 

Yep, definitely doing this thanks. It's a really well-paying job so I'm hoping that sways it.

 

22 hours ago, JoJoJoJo said:

Just to add my 2 cents, we used intending immigrant's assets and got an RFE because we sent only our current bank statement. USCIS needed 12 months' bank statements and the average balances of the 12 months needed to be more than 3 X 125% line, not just the most recent statement's balance.

 

While we have provided all other documents for I-864, USCIS requested them again, and we just provided again, like why we did not file tax return for the past year.

 

Good luck.

But... I didn't even have a US bank account until 4 months ago! And a good chunk of the money I have is inheritance, so I couldn't have got it sooner, but it's been basically sitting in my account since I did receive it. This seems an awfully unfair, and there's nothing about that requirement in the instructions to the form.

 

19 hours ago, Rocko20 said:

USCIS has been going crazy with the RFE regarding tax returns 

 

myself and others sent our most recent tax return, yet USCIS sill sent a  RFE stating we didn’t.

 

i don’t know who is losing the paperwork, but just be aware there’s something going on with that section. Myelf and several other posters had to re-send the tax returns so hopefully it all works well 

Good to know! At least we can resubmit the letter stating that he was a student.

 

I really want to line up a joint sponsor,  just to be on the safe side, but the only family member he has that is in a position to do it financially is not willing to :( Gods, I'm so scared of this going wrong.

Share this post


Link to post
Share on other sites
8 minutes ago, Moosebites said:

But... I didn't even have a US bank account until 4 months ago! And a good chunk of the money I have is inheritance, so I couldn't have got it sooner, but it's been basically sitting in my account since I did receive it. This seems an awfully unfair, and there's nothing about that requirement in the instructions to the form.

It's not a hard requirement. The IO makes a judgement call.

Basically, they don't want people taking out loans or having a friend/family member put a lot of money in an account just to get approval then take it back. Many people have tried this when they were insufficient on their own.

If you explain how you came across the funds to demonstrate that it really is your money to use how you want, they may be more open to consider it.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
44 minutes ago, geowrian said:

It's not a hard requirement. The IO makes a judgement call.

Basically, they don't want people taking out loans or having a friend/family member put a lot of money in an account just to get approval then take it back. Many people have tried this when they were insufficient on their own.

If you explain how you came across the funds to demonstrate that it really is your money to use how you want, they may be more open to consider it.

Ok, interesting, thanks.

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.
×