lfr19

Hi there,

on 8/20 my husband (the petitioner) and I received a RFE for the form I-864. My husband's income was $1,000 short of meeting the income requirement so we used our assets to make up for that difference (according to USCIS assets to income for married couples is a 3 to 1 ratio).

Looking at the rfe it looks like we did not provide all bank statements as they were not available at the time. Before we applied for GC my husband received a huge lump sum of money from a life insurance company a year after his father passed away...

When we replied to the RFE we followed the instructions and provided all the bank statements showing this amount of money that is sitting in a savings account. I attached the original letter from the life insurance company with check number and amount - we even had an officer of the bank write a statement with the current balance.

We also provided a form I-864a and an updated I-864 including my income (the applicant can use his income if income will come from the same source after AOS) from my full time job that puts us way above the 125% poverty guidelines.

It's been 2 months now and we still have not heard anything and our family is getting worried! Could someone please advise?

Thank you very much,

My spouse and I have filed for AOS a few months ago. My spouse (USC) doesn't meet the income requirement by a thousand dollars. We provided evidence of significant liquid assets but are asked to present more evidence of these assets in an RFE.

However, our situation has changed since I started working with my EAD and now have a full time job. Our joint income puts us well over $70k for a household of 2. Because I will have this job after aos would a new I-864 reflecting our new income accompanied with a letter from my employer work to qualify? Thanks

I appreciate your response genbob but if you look at the USCIS guidelines you just linked to if you are a spouse of a USC it's 3 times and not 5.

Be sure you include a letter explaining about the insurance, documentation of the family member dying, the inheritance of life insurance, taxes, and all that. You want to make it clear that it was a legal inheritance and not the temporary boost of finances that Harpa mentioned.

Do you have individual bank accounts from before that 12 months that will show a transfer of assets from individual accounts to new accounts?

Thank you for your reply I appreciate it. We can prove that the money was legally inherited and yes we could show individual bank accounts (checking/savings) from over 12 months, when the insurance money got deposited into one newly opened account.

I know it sounds very confusing but we got married a few months ago and opened a few new joint accounts in a short period of time following that.

Thanks Harpa I understand assets go up and down and they will like to see that. I want to make sure I am doing this right this time around:

Should we include as much history of all the bank accounts we have both owned over the last 12 months as they say?

My spouse also had received proceeds from life insurance of a deseased family member as well. It should not be a hard case at all but I want to make sure we are giving them everything they want this time I wish I had received better advice from my lawyer.

Also I now have a job that I will have after granted AOS and this job puts us well over the poverty guidelines is that something that we could use now as a positive change in our situation?

Thanks

Hi There,

I filed for AOS in May of this year and received a first RFE in June regarding form I-864. My spouse does not meet the income requirement and based on the most recent tax return that we provided we were about $1,400 short of the magic number ($19,663).

RFE was asking explicitly for evidence of assets which we provided at the time we filed. We had printed off the most recent bank statement that we could get at the time of filing that was showing a substantial amount of money that easily covers the 3-1 asset to income ratio in a savings account.

Our case was handled by a lawyer and we wrongly assumed that it was a mistake on the part of USCIS and that they probably did not pay attention or documents got lost. We submitted the most updated information as far as assets and included the first documents that we had sent in the first package.

In our case it should be pretty simple, assets can be used and we can prove that we have them. I am thinking there is something wrong in the way that are presenting the evidence to the immigration officer. The second RFE is identical and we can see that the officer highlighted the part that says:

"Evidence of assets includes:

- Bank statements covering the last 12 months, or a statement from an officer of the bank in which the sponsor has deposits etc including withdrawal history and current balance"

I guess I should get an official letter from the bank verifying that everything is accurate, balance, date the account was opened etc as the account has not been opened for 12 months yet. Thoughts? I appreciate the help and advice. Thanks.

How long did you guys' ead status remain in production? Mine has been in production since last wednesday.

I hope you are right that would be such a relief! But my experience with RFE is that if there is one for I-485 is stops processing for I-765 and all the other applications filed concurrently. I even thought that that's what I had read on the USCIS website that it holds up processing for I-765 is that a myth?

Thank you for your insight. My hopes are doomed now I got an update this morning and got excited but they are sending me an RFE on my I-485 instead...

Hey guys,

Have people used assets to bridge a gap between the 125% poverty guideline income requirement for your household size and your current income.

My spouse and sponsor is only over a $1,000 short of the income requirement. We have plenty of money in the bank in savings and liquid assets that can be made available right away. I understand the rule is that the sponsor if it's your spouse needs to show 3 times the amount that is missing to get to the income requirement.

What is the best way to submit such evidence, especially if you don't have 12 months of history to show with that bank because the money just got recently deposited there.

Thanks much for your help.

Thank you for responding. I hope mine does not take that long but things have been moving pretty slowly so far. Did you call customer service during the 2 weeks you waited? How did they notify you?

And when you call they say you can't make another request? Even a request to expedite your ead which I believe is different than a regular service request?

What type of request did you make on day 76?

Hey guys,

I requested an expedite for my ead as it's way overdue now thanks to the help I received from this forum on this matter. I requested the expedite based on severe financial loss due to a pending job offer - USCIS requested me to fax them the documents which I did as soon as I received their notice. It seems like people if they get approve do within a day or two or even same day after sending the requested documentation can it take longer? Thanks

Do things get moving after you receive your ead? I filed for AOS in early may and I am still waiting on my ead. I'm supposed to receive a letter from them to fax them documents so they can expedite it - on monday at the earliest now...

Congrats guys! I hope things start to move for me as well, I am not even thinking about an interview date or anything at this point - it's been 94 days and still waiting for the ead...

Thank you I will give it a try, hopefully it works.

Hi there,

Like many here I am getting increasingly worried that my EAD has not been approved yet it's almost been 90 days (USCIS received my AOS petition on 5/6//14). I got my biometrics done first week of June, received rfe for documents that were originally submitted a week after the biometrics were taken and uscis updated to rfe response review about 2 weeks later.

I have been following VJ closely over the last few weeks and understand that ead can take 90 days plus time when rfe was pending but I have now landed a job offer for a great opportunity that I would hate see flip through my fingers.

It looks like people on this forum have reported successful attempts at expediting an ead after landing a job offer and stressing severe financial loss to their household etc. Some called USCIS 800 number, some worked with their local congressman what is the best option to speed up the process. I am just worried I won't be able to start working next month.

Thanks much