Rfe states "submit evidence from a qualifying joint sponsor"

[Calasiao_Ben 1]

Having lived in Asia for a cpl years..I had no tax returns showing I

 Met 125% of the poverty guideline. I got promoted at a new job once we settled back in the states, then applied for AOS...submitting last 2 years taxes (basically no income) an employment letter stating my new salary that far exceeds the mark..and my most recent pay stubs.

 

Perhaps I was misinformed but I was under the assumption that one could apply if they could show that in the future, the income would be sufficient.

 

I have no cosponsor, nor any assets to compensate. Yet my current income definitely qualifies me. 

 

They've given me until January 5, 2019 to respond. 

 

Any help would be greatly appreciated.

Thanks

 

[K1visaHopeful 2,662]

2 minutes ago, Calasiao_Ben said:

Having lived in Asia for a cpl years..I had no tax returns showing I

 Met 125% of the poverty guideline. I got promoted at a new job once we settled back in the states, then applied for AOS...submitting last 2 years taxes (basically no income) an employment letter stating my new salary that far exceeds the mark..and my most recent pay stubs.

 

Perhaps I was misinformed but I was under the assumption that one could apply if they could show that in the future, the income would be sufficient.

 

I have no cosponsor, nor any assets to compensate. Yet my current income definitely qualifies me. 

 

They've given me until January 5, 2019 to respond. 

 

Any help would be greatly appreciated.

Thanks

 

 

If you post a copy of your entire RFE that would be helpful. Sometimes some items they are asking for are misconstrued....

[Calasiao_Ben 1]

31 minutes ago, K1visaHopeful said:

If you post a copy of your entire RFE that would be helpful. Sometimes some items they are asking for are misconstrued....

Ok.sure

 

Edited November 27, 2018 by Calasiao_Ben

[Calasiao_Ben 1]

36 minutes ago, K1visaHopeful said:

If you post a copy of your entire RFE that would be helpful. Sometimes some items they are asking for are misconstrued....

Ok.sure

[K1visaHopeful 2,662]

Okay. Your RFE is quite straight forward. 

How long have you been employed now that you have been back in the US?

What Visa status did your spouse enter the US with?

[Calasiao_Ben 1]

Ive been back for awhile but was waiting for my income to exceed the minimum. Once promoted to management, my new salary is high enough, so, we immediately applied to adjust her status.

 

Submitting an employment letter stating my new salary and my previous tax returns (that didn't meet poverty guidelines) along with the other requirements.

 

[K1visaHopeful 2,662]

3 minutes ago, Calasiao_Ben said:

Ive been back for awhile but was waiting for my income to exceed the minimum. Once promoted to management, my new salary is high enough, so, we immediately applied to adjust her status.

 

Submitting an employment letter stating my new salary and my previous tax returns (that didn't meet poverty guidelines) along with the other requirements.

 

Did you submit the required 6 months of paystubs as required if you are proving current income that way?

[nightingalejules 678]

Would it be at all possible (or helpful) to file 2018 taxes early (like Jan 1) and submit your entire package? Did you make enough in 2018 to qualify? 

You’re right - your new income should qualify you, even in the absence of prior qualifying returns, but without a joint sponsor you will need to work even harder to keep your application alive now that they think you don’t make enough to sponsor alone. 

At least, send another copy of your employer’s letter, along with a letter acknowledging that you didn’t previously make enough, but that you do now, and you will, going forward. 

Good luck!

[Calasiao_Ben 1]

6 minutes ago, K1visaHopeful said:

Did you submit the required 6 months of paystubs as required if you are proving current income that way?

I submitted 6 months of pay stubs yes. But they didn't show qualifying income as I applied literally the same week I got promoted. The only thing showing qualifying income was my employment letter.

 

 

[K1visaHopeful 2,662]

7 minutes ago, Calasiao_Ben said:

I submitted 6 months of pay stubs yes. But they didn't show qualifying income as I applied literally the same week I got promoted. The only thing showing qualifying income was my employment letter.

 

 

Okay. Then I'd have to agree with the @nightingalejules. You will probably have to get those 2018 Taxes done as soon as you can and rush off that info on Jan 1st.

If you cant get a co-sponsor then you're only other option would be to let them deny you and bite the bullet and apply again when your finances are better and you can prove it.

[Calasiao_Ben 1]

12 minutes ago, nightingalejules said:

Would it be at all possible (or helpful) to file 2018 taxes early (like Jan 1) and submit your entire package? Did you make enough in 2018 to qualify? 

You’re right - your new income should qualify you, even in the absence of prior qualifying returns, but without a joint sponsor you will need to work even harder to keep your application alive now that they think you don’t make enough to sponsor alone. 

At least, send another copy of your employer’s letter, along with a letter acknowledging that you didn’t previously make enough, but that you do now, and you will, going forward. 

Good luck!

Not sure if I could do taxes for 2018 by their Jan 5 deadline. Cutting it close. 

I have made more than the minimum this year yes. 

Hopefully there's a way to proceed. The phone call I made was fruitless. Basically was told that they can't advise me on rfe matters other than to say I must follow the letters instructions exactly or I'll be denied.

 

 

Edited November 27, 2018 by Calasiao_Ben

[nightingalejules 678]

Remember that you can always amend your taxes later. File something on January  first (you still don’t need to pay anything until April) with your 2018 income. Send in the entire package as a response to the rfe with a cover letter that explains that you now qualify to sponsor alone. 

Then, later, amend your tax filing with more info as required. If your rfe is still being processed you will have another opportunity to send in the amended taxes.

Right now, the priority is to keep your current application alive so you don’t lose your application fees. USCIS gets enough of our money already!

Edited November 27, 2018 by nightingalejules

[geowrian 22,335]

Taxes show past income, but are part of the consideration as well. Current income is still king.

Just an employment letter with the higher wage was likely not enough to satisfy the IO. Paystubs at the higher rate would have been beneficial.

Either way, it sounds like the Io was not satisfied with what was presented and wants to see a joint sponsor now.

 

There's no requirement to send 6 months of pay stubs. But having a history of employment at a satisfying income level is definitely preferable.

 

1 hour ago, Calasiao_Ben said:

Yet my current income definitely qualifies me. 

Qualify to file an I-864? Sure....this is pretty white/black.

Is it sufficient for the IO for the public charge concern? That's the IO's judgement call based on the totality of the circumstances. There is no income level that guarantees success there.

[aznhouston 124]

How can he even file tax without the W2 from the employer?

[K1visaHopeful 2,662]

4 minutes ago, hoangthaihuy said:

How can he even file tax without the W2 from the employer?

Yes you can use your last paystub of the year and amend it later.