Request for Evidence on I-485 regarding I-864

[PeterMcS 3]

We recently submitted an I-485 for my new wife (she came over on a K-1) and we received a Request for Evidence regarding the I-864 we filed with it. The request didn't give any details on what the problem was; it just said: "Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified." Is it possible to talk to these people to determine what the problem is?

 

I anticipated potential problems with the Affidavit of Support: I posted here before my then-fiancee's Embassy interview. They didn't even ask to see the Affidavit of Support at that time (that's standard at the Manila embassy), but now they've questioned it. My concern was that my income and assets were non-standard: the income is mostly family money which isn't taxable income for me, and the assets are entirely cryptocurrency. My taxable income for last year doesn't exceed the federal poverty level (though my real income did, and I reported that to them and explained it), but my assets are far more than enough to make up for it (~$1 million). Maybe it's just a sloppy government employee who didn't bother to look beyond my tax return (I believe I did include good evidence of my assets). Any advice on how to proceed here? I could just reiterate that I have plenty of assets, assuming they overlooked my detailed evidence at first (or I could get any job or a joint sponsor to be safe), but I wish I could talk with them and see what's up.

Edited April 16 by PeterMcS

[Boiler 43,704]

Quite normal they looked at your income and issued a RFE accordingly, I am not sure it is individually reviewed or just automatic after the application is scanned in, I lean to the former.

 

I certainly would reply, by assets you mean bank statements?

[K1visaHopeful 2,687]

Income must be proven by the listed formats in the instructions.

 

Because your taxable income as reported on your 2022 Tax transcript didn't meet the FPGLs, you'll need to provide proof in the manner of an employment verification letter and 6 months of paystubs (so getting a job now isnt gonna cut it) or other means if self employed (however that would be proven by your tax transcript). You have been very vague with your employment info so that's all I can provide on that front.

 

If you don't have proof of employment, you can use assets however they will need to meet 3 times the FPGLs. How do you plan to prove you've had 3 times the FPGLs stashed away in crypto assets and that amount has been there for a year? Ie. Somebody didn't give you the money to deposit yesterday and you are sending it all back to them tomorrow).

Assets are hard to prove never mind crypto currency. If they were cash in the bank, you'd need to provide a statement from the bank stating the conditions  and history of your savings.

Are you able to retrieve that from somewhere/someone as concrete proof?

 

The I864 is more important than you think and should not be taken lightly.

You will not pass go if your I864 is not filled out properly and the amounts within it must match the VALID proofs exactly. They do not do math for you.

PS. The tax return rolls over to 2023 tomorrow so if your tax transcript shows you met the FPGLs NOW, you can now use that instead of 2022. Your RFE may have even requested that. Look carefully.

PSS. Although a JS seems to be your only option, your form still must be complete and correct regarding your info.

Edited April 16 by K1visaHopeful

[OldUser 5,065]

Well, I anticipated this in November:

 

Based on that thread, you were also concerned about it. Did you find a joint sponsor in the meantime?

 

Finding a job now is probably a very late move that won't work.

Edited April 16 by OldUser

[Boiler 43,704]

1 minute ago, OldUser said:

Well, I anticipated this in November:

 

Based on that thread, you were also concerned about it. Did you find a joint sponsor in the meantime?

 

Agree Joint Sponsor is the simple solution.

[PeterMcS 3]

49 minutes ago, Boiler said:

I certainly would reply, by assets you mean bank statements?

 

No, my assets are almost entirely cryptocurrency.

[PeterMcS 3]

42 minutes ago, K1visaHopeful said:

How do you plan to prove you've had 3 times the FPGLs stashed away in crypto assets and that amount has been there for a year? Ie. Somebody didn't give you the money to deposit yesterday and you are sending it all back to them tomorrow).

Assets are hard to prove never mind crypto currency. If they were cash in the bank, you'd need to provide a statement from the bank stating the conditions  and history of your savings.

Are you able to retrieve that from somewhere/someone as concrete proof?

 

It was dollars first, then in a crypto exchange. There are records. I think I demonstrated how much and where it came from pretty well. Of course, most people have a limited understanding of cryptocurrency.

[PeterMcS 3]

40 minutes ago, OldUser said:

Did you find a joint sponsor in the meantime?

 

There was a potential joint sponsor, but we didn't pursue it at that time.

[PeterMcS 3]

49 minutes ago, K1visaHopeful said:

...you'll need to provide proof in the manner of an employment verification letter and 6 months of paystubs (so getting a job now isnt gonna cut it)

 

I believe I've read about people successfully using offer letters on these things, so I don't know if 6 months of previous employment is necessary.

 

Also, I'm not employed. The assets should be more than enough, though.

 

 

Edited April 16 by PeterMcS

[Boiler 43,704]

32 minutes ago, PeterMcS said:

 

There was a potential joint sponsor, but we didn't pursue it at that time.

I am certainly familiar with Crypto. I assume others here are.

 

Time to pursue the Joint Sponsor.

 

 

[Lemonslice 4,583]

58 minutes ago, PeterMcS said:

 

I believe I've read about people successfully using offer letters on these things, so I don't know if 6 months of previous employment is necessary.

 

Also, I'm not employed. The assets should be more than enough, though.

 

 

The onus is on you to demonstrate to them the value of your assets, that they are liquid, etc.  No 401k, IRA, anything else more traditional to show them?  Otherwise, the joint sponsor solution is certainly the easiest solution.  

[Family 3,549]

1 hour ago, PeterMcS said:

 

I believe I've read about people successfully using offer letters on these things, so I don't know if 6 months of previous employment is necessary.

 

Also, I'm not employed. The assets should be more than enough, though.

 

 

You could use industry to verify crypto currency assets.  ..which appear to be Statement of Account and a link so asset can be verified. ..don’t think a screenshot would suffice. 
Since you are likely the officers first encounter, include big name companies standards . 
World is changing ..

[K1visaHopeful 2,687]

2 hours ago, PeterMcS said:

 

I believe I've read about people successfully using offer letters on these things,

 

An offer letter MIGHT (not to be used lightly) be accepted for someone briefly inbeteen jobs who had already met the previous three years FPGLs as proven by their taxes which proves stable employment income. I'd go as far to say as ab offer letter might be acceptable for I134 but we aren't talking about that in this case. 

 

If you read through the instructions, they do recommend 6 months of current paystubs and for the exact reason of when employment history is not stable. 

 

You must remember, you are going to be financially responsible for your immigrant for up to 10 years (or until they become a citizen). They will be looking at that and weighing your viability.

 

Assets deplete. 

Employment history shows stability.

 

Time to find that joint sponsor. 

 

...Last comment from me as your timeline is still blank and you've had the chance to do that since November too.

Edited April 16 by K1visaHopeful

[PeterMcS 3]

14 hours ago, Lemonslice said:

  No 401k, IRA, anything else more traditional to show them?

 

There's an IRA, self-directed and invested in crypto.

 

I think it's most likely we received an autogenerated RFE etter: someone keys in data from the form, the software sees taxable income below a certain level, and it sends the letter. There were no comments about our specific situation in the RFE, and it's hard to imagine someone who read the evidence of income and assets we presented sending a letter like that. I do want to be sure of the outcome, however.

[OldUser 5,065]

On 4/16/2024 at 9:46 AM, PeterMcS said:

I think it's most likely we received an autogenerated RFE etter: someone keys in data from the form, the software sees taxable income below a certain level, and it sends the letter. There were no comments about our specific situation in the RFE, and it's hard to imagine someone who read the evidence of income and assets we presented sending a letter like that.

You're right in thinking that. RFEs for I-864 are always like that - autogenerated and not specific.

 

I have no evidence, but I've been thinking for a while, some sort of AI / automation may be used by USCIS to generate RFEs.

Edited April 17 by OldUser