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sabala451

RFE I-864 Does not meet 125% poverty level

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So my wife (beni) and I (citizen) are currently in the AOS process and received a RFE for the I-864. I'm a week away from starting a $3,500/month (hourly paid) job after taxes. I was a full time student till this past May and banked $1,100/month and made an additional $6,000 of taxable income during the 1st quarter of the year. I fully understate that I likely filled out the I-864 Part 6 Item 7 "my current annual income" wrong now that I have read up on it more (I put previous year tax income). I do have liquid assets I can put down to supplement income. The required by date is Sept 20, 2019 but earlier is always better with these folks.

 

I guess my question is how in the heck do I fill this form out without having a current paycheck/stub, what do I include as evidence, what would be a recommended course of action to get this thing approved? 

 

Any and all helpful advise is welcomed. Thanks

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15 minutes ago, sabala451 said:

I guess my question is how in the heck do I fill this form out without having a current paycheck/stub, what do I include as evidence, what would be a recommended course of action to get this thing approved? 

I wouldn't suggest sending it without supporting evidence. I would wait until you have at least one paycheck, and include a copy of the offer letter as well.

 

17 minutes ago, sabala451 said:

The required by date is Sept 20, 2019 but earlier is always better with these folks.

It makes no difference to them so long as it's before the 20th. But they won't process anything until you respond either, including the I-765 and I-131.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

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52 minutes ago, geowrian said:

I wouldn't suggest sending it without supporting evidence. I would wait until you have at least one paycheck, and include a copy of the offer letter as well

As far as evidence, what which I submit? Should I do a new I-864 with tax transcripts for the last 3 years, bank statements for the last year too? I do have money in the bank that I can use as additional support. 

 

Also, for the "my current annual income" what exactly do they want? Is it a current income to date plus projected income though the end of the year? I think that's were I screwed up on the orginal submission.

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2 minutes ago, sabala451 said:

As far as evidence, what which I submit? Should I do a new I-864 with tax transcripts for the last 3 years, bank statements for the last year too? I do have money in the bank that I can use as additional support. 

 

Also, for the "my current annual income" what exactly do they want? Is it a current income to date plus projected income though the end of the year? I think that's were I screwed up on the orginal submission.

You should submit a new I-864 with the corrected and/or updated information.

The tax return copy (transcripts are easiest) for at least the most recent year are required evidence with the I-864. The other 2 years are optional.

Supporting evidence of the income being claimed should be provided. That would be the pay stubs + an employment letter (or offer letter in your case would probably be fine given the pay stub(s) to corroborate it as actual employment now).

 

Assets are optional if income is sufficient. Unless the assets are substantial, it probably complicates your case instead of making it simpler. For example, $50,000 in the bank would supplement $20,000/year income pretty well (equivalent of around $37k/year in income for a spouse). Just $5,000 in a bank account would probably not be beneficial.

Documentation of assets to be considered is required. For a bank account, statements for the past 12 months is generally sufficient, or a letter form the bank showing total deposits and average balance over the past 12 months.

 

Current annual income is how much income you earn annually. This is not how much you earned in the past. It is not how much you hope/plan to earn this year.

The simple calculation is pay stub * #paystubs per year. So if you earn $1,000/week and get paid weekly every week of the year, that would be $1,000 * 52 = $52,000/year.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

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3 hours ago, sabala451 said:

So my wife (beni) and I (citizen) are currently in the AOS process and received a RFE for the I-864. I'm a week away from starting a $3,500/month (hourly paid) job after taxes. I was a full time student till this past May and banked $1,100/month and made an additional $6,000 of taxable income during the 1st quarter of the year. I fully understate that I likely filled out the I-864 Part 6 Item 7 "my current annual income" wrong now that I have read up on it more (I put previous year tax income). I do have liquid assets I can put down to supplement income. The required by date is Sept 20, 2019 but earlier is always better with these folks.

 

I guess my question is how in the heck do I fill this form out without having a current paycheck/stub, what do I include as evidence, what would be a recommended course of action to get this thing approved? 

 

Any and all helpful advise is welcomed. Thanks

If you have the offer letter with your monthly income or hourly rate and date of start for your new job include that as evidence, I would wait one week, start the job and put my current income as $3500 and include the offer letter or letter from the employer verifying that amount, so technically if you submit the information after the start date of your new job that IS your current income, also include bank statements, and any assets you have. Or just wait until you get a paycheck and then send it in, if you are starting your job in a week you should get paid by end of July at least once, so you have plenty of time, its better to give it a few weeks then send it than get another RFE or denial based on income. Don't risk it, be safe, and always send supporting evidence with anything you provide USCIS.


 

 

K1 

Service Center: California Service Center

Consulate: Armenia 

 

I-129-F mailed to USCIS by attorney: 01-03-2018

NOA1: 01-08-2018 

NOA2: 07-24-2018 

NVC Recieved: 08-09-2018

NVC Case # Assigned: 08-13-2018

Left NVC: 08-21-2018

Consulate: 08-23-2018

Packet 3: 08-28-2018

Medical: 08-30-2018

Interview: 09-11-2018

Visa in Hand: 09-29-2018

POE: 10-03-2018 at Los Angeles, CA

Wedding: 11/16/2018

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

AOS - Los Angeles, CA 

NO1: December 31, 2019 receipt date

Biometrics: 1/23/19 (letter received 1/11/19)

Biometrics processed: 1/25/19

Ready for Interview: April 3, 2019 AOS

Interview Scheduled Update: June 26, 2019 (letter received 7/1/2019)

Interview: August 6, 2019 

 

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22 hours ago, geowrian said:

Current annual income is how much income you earn annually. This is not how much you earned in the past. It is not how much you hope/plan to earn this year.

The simple calculation is pay stub * #paystubs per year. So if you earn $1,000/week and get paid weekly every week of the year, that would be $1,000 * 52 = $52,000/year.

So for this area, would I calculate a normal paycheck times remaining number of paycheck in the year plus what I've already earned since I've will have worked multiply job with different pay levels this year. Or would it just be the new job's annual income like in your examine ($1,000 * 52 = $52,000)

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Posted (edited)
7 minutes ago, sabala451 said:

So for this area, would I calculate a normal paycheck times remaining number of paycheck in the year plus what I've already earned since I've will have worked multiply job with different pay levels this year. Or would it just be the new job's annual income like in your examine ($1,000 * 52 = $52,000)

The latter: $1,000/week * 52 weeks = $52,000/year

 

For example, if I got fired today my current income is $0. This is the same even if I earned $50,000 this year so far, or if I plan to get hired later this year. At the end of the day, I would have $0 of income to support the beneficiary at the time of filing.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

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19 minutes ago, geowrian said:

The latter: $1,000/week * 52 weeks = $52,000/year

 

For example, if I got fired today my current income is $0. This is the same even if I earned $50,000 this year so far, or if I plan to get hired later this year. At the end of the day, I would have $0 of income to support the beneficiary at the time of filing.

I understand it now. This is probably why it was kicked back in the first place for me. Looks like I'm just going to need to wait till I get my first check and resubmit.

 

So things to submit. New I-864, Tax transcript(s), pay stub(s) (at least one to three), 12 months of bank statements, and any substantial assets (savings, CD's, stocks, bonds, etc.), employment offer letter showing hourly pay with normal hours per week.

 

Does this seem about right? Or I'm I forgetting anything?

 

 

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