RFE during AOS advice

[Loving_girl 38]

Long story short,

We sent paper work for AOS and recently got an RFE, which says:

Based on documents submitted with form I-864 Affidavit of SUpport, the income did not meet 125% (100% if military) of the poverty guidline for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standarts listed below or obtain joint sponsor.

(than they discribe standarts)

Evidence of assests includes:

-Bank statements covering the last 12 months, or a statement from an offiicer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months.

- Evidence of ownership and value stocks, bonds, and certificates of deposit.

-Evidence of ownership and value/equity of other personal property and dates acquired.

-Evidence of ownership, a recent licensed appraisal or country tax assessment, and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor, they will need to file I-864....with tax forms etc.

SOOOOOO:

My husband makes more than 50K per year, we are family of 3 (and as far as i am aware we do meet poverty guides, cos 50K stand for a family of 8!!!!!). With Affidavit of Support we also mailed documents that PROVE his payment, which were (VA payments for the last 2-3 years!!!! and Social payments, because my husband is medicaly retired from the US military and his income comes from the VA and SC, also we added statement from IRS that says his income is not taxed cos of medically retired VA, plus he wrote a letter saying years he served and that he is retired, added his reteriment military ID).

My question is, WHAT KIND OF ADDITIONAL EVIDENCE THEY ASK FOR? Do they need bank statements of his year payment (deposit/withdrawal history)? or they want all of the evidences they listed, like stocks, bonds, ownership etc....which we do not have?!

Thanks in advance for comments.

[mcuzin1985 13]

Hopefully other people have some better insight when using those types of funds for "Income" but what did you send in for documentation showing that income? Did you send anything in that showed his disability rating? They might want to see proof of that income, same as if you had a regular job they would require pay stubs or employment verification no a company letter head

[Loving_girl 38]

Hopefully other people have some better insight when using those types of funds for "Income" but what did you send in for documentation showing that income? Did you send anything in that showed his disability rating? They might want to see proof of that income, same as if you had a regular job they would require pay stubs or employment verification no a company letter head

As I already mentioned, we added: pay-stubs from the VA for 2-3 years (and yes we added paper from VA showing he is 100% disabled), payments from the SS showing how much he gets, his retirement ID, letter from himself explaining his income, extract from IRS where it states this money are not taxed under US laws.

As if to consider money he gets as an "income" - 1) affidavit of support instruction considers such payments as income, cos it's retirement any ways. 2) from a human point of view not all in the USA are ready and can serve in US military and grant their health on the name of their country. (this comment is outside of the topic, just needed to say it.)

If you or someone knows what USCIS are asking for i will appreciate the advice. So far we called yesterday on the phone mentioned of REF paper and as expected no normal explanation was received....first guy was repeating USCIS instructions, second was barely able to speak english, third (which was his superviser or what so ever) said that they give 4 options to prove income and we can pick one and mail the document to them. (Which in our case is bank statement of deposits/withdrawals for 12 months). But here is another issue, this statement can be done in 2 ways: 1. showing payments from VA and SS on his account. 2. showing all transactions on my husbands account for a year (which is nonsense) cos this paper will show depositing of his payments and all expences he/we were running during the year (like buying things or payments for services....)

[Harpa Timsah 13,258]

The fact that his income is not taxed is not proof that he doesn't need to file taxes. They are not going to accept sponsorship from someone who makes money but does not file taxes, as far as I know. I think he needs to file taxes and show zero owed.

You need to go back to the very first part of the RFE and see what they want. The "Does not meet guidelines" is the boilerplate message they put AFTER they say what is missing.

Edited June 17, 2014 by Harpa Timsah

[mcuzin1985 13]

The fact that his income is not taxed is not proof that he doesn't need to file taxes. They are not going to accept sponsorship from someone who makes money but does not file taxes, as far as I know. I think he needs to file taxes and show zero owed.

You need to go back to the very first part of the RFE and see what they want. The "Does not meet guidelines" is the boilerplate message they put AFTER they say what is missing.

Great explanation. I just talked with my lawyer and asked him this same question, and he specified the same thing that Harpa mentioned that you must file taxes or documentation from the IRS stating no taxable income, rather then a excerp from their website.

Best of luck

Edited June 17, 2014 by mcuzin1985

[Loving_girl 38]

The fact that his income is not taxed is not proof that he doesn't need to file taxes. They are not going to accept sponsorship from someone who makes money but does not file taxes, as far as I know. I think he needs to file taxes and show zero owed.

You need to go back to the very first part of the RFE and see what they want. The "Does not meet guidelines" is the boilerplate message they put AFTER they say what is missing.

thanks for comment!

they ask for several assets, as i already pointed in the beggining. we can give them bank statements for 12 months with details of (deposits and transactions month by month). we do not own any bonds, stocks, etc.... but at the same time in the beggining of RFE they say Submit ALL requested evidences.....(which is misleading phrase cos i bet half of people are in the same situation as we are and do not own mortgage or stocks...etc.)

In the end, we went again to the VA and SS, asked for statements of his payments, made 12 months bank statements with details of each transaction/deposit month by month and will send them what we really can. Also we will write a cover letter doing some small math for them (VA mounth pay + SS mounth pay = XXX K that make XXXX K per year and meet poverty guideline standarts for a family of 3. Also will explain that we re-add VA year income payment and SS payment papers. (which in general is already provided first time we sent AOS.).

As for file for "zero tax" we thought about it at first, but the issue is, in rfe they do not ask for "tax papers" (i was alredy reading on VJ that people with non-taxed income get RFE asking for bank statements, it's some kind of "assets prove" for uscis.....)....so we will see....

[KayDeeCee 4,892]

With non-taxable income, besides showing the 1099s for his retirement pay and pay stubs, it can be helpful to provide bank statements to show proof of the amounts being deposited each month. Point out that his income is non-taxable and so he is not legally required to file a tax return, but you have provided proof of the income he receives. Sometimes you need to hold their hand and walk them through things. Make sure to detail, highlight and point everything out to them.

In the end, we went again to the VA and SS, asked for statements of his payments, made 12 months bank statements with details of each transaction/deposit month by month and will send them what we really can. Also we will write a cover letter doing some small math for them (VA mounth pay + SS mounth pay = XXX K that make XXXX K per year and meet poverty guideline standarts for a family of 3. Also will explain that we re-add VA year income payment and SS payment papers. (which in general is already provided first time we sent AOS.). <--This sounds like good evidence for proving proof of income and trying to get them to look at the actual documentation.

[Loving_girl 38]

With non-taxable income, besides showing the 1099s for his retirement pay and pay stubs, it can be helpful to provide bank statements to show proof of the amounts being deposited each month. Point out that his income is non-taxable and so he is not legally required to file a tax return, but you have provided proof of the income he receives. Sometimes you need to hold their hand and walk them through things. Make sure to detail, highlight and point everything out to them.

In the end, we went again to the VA and SS, asked for statements of his payments, made 12 months bank statements with details of each transaction/deposit month by month and will send them what we really can. Also we will write a cover letter doing some small math for them (VA mounth pay + SS mounth pay = XXX K that make XXXX K per year and meet poverty guideline standarts for a family of 3. Also will explain that we re-add VA year income payment and SS payment papers. (which in general is already provided first time we sent AOS.). <--This sounds like good evidence for proving proof of income and trying to get them to look at the actual documentation.

thank you for the answer!

today we mailed the evidences i was already mentioning. on bank statements we marked in color husbands payments, also i wrote a letter stating we re-add VA payment statement for the last year, SS payments, and also in the letter i did a math for them (adding VA pay, SS pay, explaining why pay in paper is one and on bank account another (cos we have automatic deduction for insurance each month) and showed monthly and year income, and once again i stated that it's ABOVE poverty guideline of 125% for a family of 3 (and putted the sum of 24 737 USD that is asked to have in their guide). hopefully they will be satisfied with what they get.

about bank statements, we added those that show real amounts deposited on account from VA and SS and balance of the account with some transaction made in the account during the month (some were full months, some short, cos we considered as a some kind of "crossing limits of privacy" by asking us to show how we spend money during the month....let''s say it's the thing not really related to the AOS process....it's our family business), my guess they wanted bank statements to be sure as for incoming income and not in how much money we have on the account or how we spend it.... - correct me if i am wrong in my guess.

also short question, how will i know that my RFE is reviewed? - i guess they should put something on uscis web?

how much time it may take them to review the RFE?

if they are not satisfied with docs sent in RFE can they deny GC at once or they send another RFE?

thank you!

[KayDeeCee 4,892]

It is a bit of an invasion of privacy, but that it is really just part of the immigration process. Privacy pretty much goes out the window when going through immigration. They will want to see joint account bank statements again when you need to file for ROC, as evidence of bona fide marriage.

I think showing them proof of the income should be enough, but if they do not agree then yes, they could deny. They could also send another RFE I have seen some receive more than one RFE, but they do not have to do that. You will just have to wait and hope the extra proof documents and details will do the trick for an approval.

How long it takes for the RFE to be reviewed is about 30-60 days. It could be shorter than that. The site may show an update when they receive your response.

[Loving_girl 38]

It is a bit of an invasion of privacy, but that it is really just part of the immigration process. Privacy pretty much goes out the window when going through immigration. They will want to see joint account bank statements again when you need to file for ROC, as evidence of bona fide marriage.

I think showing them proof of the income should be enough, but if they do not agree then yes, they could deny. They could also send another RFE I have seen some receive more than one RFE, but they do not have to do that. You will just have to wait and hope the extra proof documents and details will do the trick for an approval.

How long it takes for the RFE to be reviewed is about 30-60 days. It could be shorter than that. The site may show an update when they receive your response.

Do we need joint account now when filling for AOS or going for the interview? or it's a demand for ROC only?

A lot of couples in the US have separate accounts, so do we....

So aproximately up to 60 days i shall hear from them? - in meanwhile do they approve or do something with travel permit that i was asking for when sending AOS?

[mcuzin1985 13]

In almost every post I see, the IO wants to see Joint Checking Accounts even at the AOS interview.

[Loving_girl 38]

In almost every post I see, the IO wants to see Joint Checking Accounts even at the AOS interview.

thank you! will see if we make joint account.

[KayDeeCee 4,892]

Do we need joint account now when filling for AOS or going for the interview? or it's a demand for ROC only?

A lot of couples in the US have separate accounts, so do we....

So aproximately up to 60 days i shall hear from them? - in meanwhile do they approve or do something with travel permit that i was asking for when sending AOS?

If you happen to have an interview, then they can ask to see evidence of a bona fide marriage. Joint accounts of any type work for that: banking, loans, credit cards, insurances, joint taxes, joint mortgages/leases, etc, Whatever will show them that you live together as a married couple. It is a lot more important for ROC because they tend to understand that you will not have much evidence for AOS, since you are so recently married. Some people never get joint bank accounts and are approved for AOS and ROC by using other evidence of co-mingling of finances and co-habitation. No single type of evidence is a must for approval. Just keep a paper trail over the next couple of years of various documentation that you can use for ROC. You can research in the ROC forum for what will be needed then.

Sometimes they stop the processing of the EAD/AP when you get an RFE, and other times they continue to process them anyway.

[Loving_girl 38]

If you happen to have an interview, then they can ask to see evidence of a bona fide marriage. Joint accounts of any type work for that: banking, loans, credit cards, insurances, joint taxes, joint mortgages/leases, etc, Whatever will show them that you live together as a married couple. It is a lot more important for ROC because they tend to understand that you will not have much evidence for AOS, since you are so recently married. Some people never get joint bank accounts and are approved for AOS and ROC by using other evidence of co-mingling of finances and co-habitation. No single type of evidence is a must for approval. Just keep a paper trail over the next couple of years of various documentation that you can use for ROC. You can research in the ROC forum for what will be needed then.

Sometimes they stop the processing of the EAD/AP when you get an RFE, and other times they continue to process them anyway.

thank you for an explanation! will hope for best!