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srajeevan

Got RFE on I-1485.I see two possible reasons for RFE.Can you please weigh in.?

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Filed: F-2A Visa Country: India
Timeline

Got RFE on I-485.
I am a July 6th,2019 filer.
Married to LPR.
Local Office : Michigan.
Have approved 1-130.

Michigan is usually quick in terms of scheduling interview and i was wondering why there is no update in my case.
Anyway got an update for RFE today.

Possible reasons for RFE:

  1. I was on F1 OPT while i applied AOS on July ,2019.I changed to H-1B work visa on October 1st.Not sure if there is any confusion in there and that may be the reason for RFE.
  2. My wife is the petitioner and she is unemployed ,but i work and earn 70K + ,so in I-864 i have my financial info/W2/Tax Returns included and we are showing that household income(we live together) is above the limit required.

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Filed: F-2A Visa Country: Nepal
Timeline

Or it could be any of hundreds of other reasons.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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You filed the I-130/I-485 in a marriage to an LPR?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

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Filed: F-2A Visa Country: India
Timeline

@Paul & Mary I filed I-130 on May 2018 as the first step.And when i was eligible for file for AOS based on visa bulletin charts,i filed I-148,I-1765 and I131.

 

I am aware that i cannot file I-130 and AOS together since my wife is LPR.

 

 

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3 hours ago, srajeevan said:

And when i was eligible for file for AOS based on visa bulletin charts,i filed I-148,I-1765 and I131.

Approved I-130 as in the petition was at the NVC?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

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Filed: F-2A Visa Country: India
Timeline
6 minutes ago, Paul & Mary said:

Approved I-130 as in the petition was at the NVC?

Nope.Not through NVC.I am legally present in US,so i applied I-130 while i was here in US and adjusting here itself.

Edited by srajeevan

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Filed: F-2A Visa Country: India
Timeline

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

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Filed: F-2A Visa Country: Nepal
Timeline
2 hours ago, srajeevan said:

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

That’s a generic statement when any one or more item is missing. It should say more thing than that.
 

What are the documents you provided? Did you provide a letter from your employer mentioning your employment will continue after you get your green card?


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: India
Timeline
Just now, arken said:

That’s a generic statement when any one or more item is missing. It should say more thing than that.
 

What are the documents you provided? Did you provide a letter from your employer mentioning your employment will continue after you get your green card?

I have provided my tax returns for the last 2 years ,my pay stubs for last 6 months and Employment verification letter with my salary info.

I don't have that part where it says "my employment will continue after i get my green card"

 

But the RFE says that ,the petitioner doesn't have documents proving that financial requirement is met.

RFE asks for tax returns and other income details from petitioner.That is why i reached the  conclusion that my(beneficiary) income cannot be used.

Not sure if that is correct.

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Filed: F-2A Visa Country: Nepal
Timeline
2 minutes ago, srajeevan said:

I have provided my tax returns for the last 2 years ,my pay stubs for last 6 months and Employment verification letter with my salary info.

I don't have that part where it says "my employment will continue after i get my green card"

 

But the RFE says that ,the petitioner doesn't have documents proving that financial requirement is met.

RFE asks for tax returns and other income details from petitioner.That is why i reached the  conclusion that my(beneficiary) income cannot be used.

Not sure if that is correct.

Like i said, if anything is missing, the i864 is not valid, if it’s not valid they can’t use the income, if they can’t use the income, it will be denied saying you don’t meet the requirement.

 

You didn’t include the main important document.

From i864 instructions:

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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3 hours ago, srajeevan said:

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

Interesting.  In my situation, it was the same and they accepted my income in I-864.  

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Filed: F-2A Visa Country: India
Timeline
9 minutes ago, arken said:

Like i said, if anything is missing, the i864 is not valid, if it’s not valid they can’t use the income, if they can’t use the income, it will be denied saying you don’t meet the requirement.

 

You didn’t include the main important document.

From i864 instructions:

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

Okay agree.

I think i don't that part where i assure that my income will continue from the current source.

Pay stubs for 6 months and employment letter was supposed to be enough per my lawyer.

Should i get a letter from employer saying that i will be employed in the future as well.

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Filed: F-2A Visa Country: India
Timeline
1 minute ago, Cornflake said:

Did she file taxes in 2018 and earlier? If not, did she write a letter stated why she didn't file taxes.

we filed together for 2018 and 2017.She never worked and never filed taxes by herself.

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