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Fe.Ta

AOS - 2016 Income Below Requirement - Input Needed

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Posted (edited)

Hello!

 

We should start by saying we are working with RapidVisa and are not too happy right now.

 

The petitioner makes more than enough and will have a pay increase in 2020. Plus, there are assets, no mortgage, etc.

 

However, the 2016 income on tax returns was below the requirement by about $800. RV is wanting us to use a co-sponsor.

 

Is this really necessary? What else can we include in the packet to avoid RFE or denial?

Edited by Fe.Ta
Na

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Ignore the pay increase...USCIS does not deal with expected income changes.

 

What is the current annual income? What kinds of assets are available?

 

A single year being below the threshold is not of significant concern IMO.


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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Current income is what is important for the I 864. Filing a tax return for the previous 3 years is required, but the income for 2019 is more important for the 125% required. Evidence of ongoing stable employment is important ... but lots of sponsors   would not have met the income level 3 years ago. 

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1 minute ago, geowrian said:

Ignore the pay increase...USCIS does not deal with expected income changes.

 

What is the current annual income? What kinds of assets are available?

 

A single year being below the threshold is not of significant concern IMO.

Thanks! Currently the petitioner is above the poverty line by the require percentage for the size of the household and has been since 2017.  Available assets are a few but the most important would be a mortgage-free home.

 

Thank you for the input!

3 minutes ago, AFTex70 said:

You need the last income tax.. 2018.. If you are under the poverty level you going to have enough assets or have a co sponsor..

2017 and 2018 are good, which is why we are thrown off by RV asking this for 2016.

 

Thank you for your input!

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4 minutes ago, Lil bear said:

Current income is what is important for the I 864. Filing a tax return for the previous 3 years is required, but the income for 2019 is more important for the 125% required. Evidence of ongoing stable employment is important ... but lots of sponsors   would not have met the income level 3 years ago. 

This is so good to hear! Gives me peace of mind. I thought so too. But, they were so persistent that I didn’t know whether I should risk it.

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Posted (edited)
3 minutes ago, Fe.Ta said:

Thanks! Currently the petitioner is above the poverty line by the require percentage for the size of the household and has been since 2017.  Available assets are a few but the most important would be a mortgage-free home.

Hard to say much without actual numbers. The IO will look at the totality of the circumstances, so common sense still rules. If it makes sense to you (looking at it form a 3rd person perspective), then it probably would do the same for others.

Using a primary home as an asset is difficult....it is generally believed to be a hardship to sell one's primary home for the purposes of sponsoring somebody. But it can be considered on a case by case basis in the totality of the circumstances.

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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1 hour ago, geowrian said:

Hard to say much without actual numbers. The IO will look at the totality of the circumstances, so common sense still rules. If it makes sense to you (looking at it form a 3rd person perspective), then it probably would do the same for others.

Using a primary home as an asset is difficult....it is generally believed to be a hardship to sell one's primary home for the purposes of sponsoring somebody. But it can be considered on a case by case basis in the totality of the circumstances.

Got it, thanks! As far as numbers, ballpark, 2017 was already $3,00-$5,000 above the requirement 2018 about $7,000 and currently is close to $10,000 above the requirement. So, that’s why we were puzzled that 2016 would make a big deal of a $800 some difference. 

 

Does that help with providing us with some input?

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1 hour ago, Fe.Ta said:

Hello!

 

We should start by saying we are working with RapidVisa and are not too happy right now.

 

 

Just my opine,  but the term "Rapid",  IMO, is just a marketing tool, and no faster than doing it yourself, in most cases...

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16 hours ago, Fe.Ta said:

Thanks! Currently the petitioner is above the poverty line by the require percentage for the size of the household and has been since 2017.  Available assets are a few but the most important would be a mortgage-free home.

 

Thank you for the input!

2017 and 2018 are good, which is why we are thrown off by RV asking this for 2016.

 

Thank you for your input!

Why’d they give three years to  

 “?rapidvisa?”  Who is that anyway

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18 hours ago, Highmystic said:

Just my opine,  but the term "Rapid",  IMO, is just a marketing tool, and no faster than doing it yourself, in most cases...

Right, that I know. I only went with them because at the time I hadn’t found VJ. So, it was my “safety net” besides following the instructions myself. I found VJ a year later, which has been a blessing anyways. The question on the post was more about the 2016 income difference and if it truly has that much weight on the decision or denial.

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3 hours ago, Nitas_man said:

Why’d they give three years to  

 “?rapidvisa?”  Who is that anyway

RapidVisa is a third-party company that assists with visa. At the time I didn’t know about VJ, so I went with them to be able to have people that could answer questions for me and make sure I was doing things properly. They (RapidVisa) are the ones saying three years of income tax and the current year’s salary, which is why I was thrown off. The post is more about whether 2016 income being lower by a small amount would have that much weight on the decision, if I am making $10,000 over the requirment, even ignoring any assets.

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1 hour ago, Calicolom said:

No mortgage on house means nothing. You would not sell your house to support an immigrant, Immigration knows this.

Right. I know. My question was as to whether or not 2016 would have that much weight on the decision. Both 2018 and 2019, I have earned close to $10,000 more than the requirement, so I am assuming even ignoring the assets I should be ok. Just wanted to get input from you all about my assumption?

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Posted (edited)
42 minutes ago, Fe.Ta said:

Right. I know. My question was as to whether or not 2016 would have that much weight on the decision. Both 2018 and 2019, I have earned close to $10,000 more than the requirement, so I am assuming even ignoring the assets I should be ok. Just wanted to get input from you all about my assumption?

2018 taxes and 2019 ytd income sounds a lot like what the instructions ask for

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

 

IF you feel additional returns help you submit them.  Only an idiot would insist you optionally provide 3-yr-old tax data that would raise questions.

 

Fire them.

Edited by Nitas_man

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