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kettlefish

just received RFE on I-485/I-864 :confused:

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So wondering if anyone can decipher this .

My income: 0

My Spouse's (USC) annual income: 0-$6K

Joint Sponsors (USC) annual income: $85k

Total household size calculation: 3 (myself, joint sponsor and joint sponsor's wife)

I-864 documents submitted (along with the I485, I130 etc)

Form I-864, Affidavit of Support (US Spouse)

Copy of sponsor's birth certificate

Copy of sponsor's 3 Years IRS of tax transcripts

Sponsor's note on filing

Form I-864, Affidavit of Support (Joint Sponsor)

Copy of joint sponsor's birth certificate

Copy of joint sponsor's 3 Years of IRS tax transcripts

Copy of joint sponsor's 3 months pay stubs

Here is a copy of the actual RFE. I really thought everything was in order and wasn't expecting this! Can anyone explain what went wrong, or what they want??

:help:

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Edited by kettlefish

Adjustment of Status (AOS)

Spoiler

 

5/27/2014 0 Concurrent filling of I-130 (Petition), I-485 (AOS), I-764 (EAD), I-131 (AP)

5/27/2014 0 Submitted via UPS 2 day (cover letter thread)

5/29/2014 2 Arrived at Chicago Lockbox

6/6/2014 10 Checks cleared

6/10/2014 14 Notice of Action NOA1 (I130, I485, I131, I765) received. [Mailed out: Jun 05 2014)

6/11/2014 15 Notice of Action NOA1 (Biometrics) received. [Mailed out: Jun 09 2014]

6/18/2014 22 Biometrics done (early walk-in)

6/27/2014 31 Biometrics appointment date

6/28/2014 32 RFE (I-485/I-864) Joint Sponsor (rfe thread)

7/3/2014 37 RFE reply sent via UPS

7/8/2014 42 RFE received by USCIS. Processing now at NEBRASKA SERVICE CENTER

7/15/2014 49 I-485: Testing and Interview

8/13/2014 78 Received EAD/AP card in mail. (Date of issue: 08/06/14)

8/18/2014 83 Received notification: interview date assigned

9/18/2014 114 Interview date

9/18/2014 114 Green card approved (2yr Conditional)! Case status: Card in production

9/24/2014 120 USPS 2 day: Shipped from KORBIN, KY

9/25/2014 121 Delivered: Greencard (2yr Conditional) in hand. YAY!

 

Removal of Conditions (ROC) - SUCCESSFUL

9/9/2016 Submitted via USPS - Priority flat rate medium box (3 or 4 business days)

9/13/2016 Delivered: LAGUNA NIGUEL, CA 92607

9/13/2016 I-797 NOA1 - Conditional Residence Extension

9/24/2016 I-797 NOA2 - Biometric Appointment

10/13/2016 I-797 Biometric Appointment

3/8/2017 I-551 InfoPass Passport stamp (extended to 12/8/2017)

2/2/2018 Case status update: Card in production

2/15/2018 Delivered: Greencard (10 yr) in hand. YAY!

 

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Looks to me like they want an employer letter from your joint sponsor

If they can, ask them to ask their employer to make a letter, on a company letterhead, about all the points they asked for (hourly wage, how long they've worked there, annual income etc)

Also ask for as many paystubs as they possibly can get, all of it will help, since it's saying they have sufficient income to support you, just not enough proof (to the adjudicator)

That's what I think, at least ^^ hopefully a more experienced VJ user can give you some input, as well

k1 journey <3 -

-30th oct 2013: sent I-129f package

-1st nov 2013: package arrived at lockbox

-6th nov 2013: received noa1 email/text

-8th nov 2013: alien registration number changed

-15th nov 2013: noa1 hard copy arrived

-19th nov 2013: noa2!!!!

-17th dec 2013: nvc receive

-23rd dec 2013: consulate receive

-15th jan 2014: medical done

-3rd feb 2014: found out interview date via email

-7th feb 2014: received interview letter

-14th feb 2014: interview APPROVED!!!!!! <3

-22nd feb 2014: visa in hand

-26th feb 2014: POE New York JFK

-26th feb 2014: together <333

K1 journey over! Next stop AOS! married! :D

AOS <3

-23rd may 2014 send paperwork with USPS

-26th may 2014 usps says delivered!

-2nd june 2014: NOA1 texts received

-4th june 2014: biometrics letter receive

-26th june 2014: biometrics appointment

-6th august 2014: EAD card production ordered!!!!

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As it already said above that they require letter of employment and paytubs for previous 6 months. I hope I will not receive RFE for submitting 3 months paytubs.

It seems they asked for W2, 1099, etc.

Edited by Anonymous885

New Journey AOS:

My fiancee came to US on the 8th of March, 2014 under K-1 visa at Newark, NJ Airport for POE.

Applied Social Security Number on the 10 of March, 2014.

Married on the 13th of March, 2014.

Sent I-485, I-765, and I-131 on the 15th of March, 2014.

Received EAD on June 7, 2014.

Received Notice of Potential Interview Waiver on July 1, 2014 date 6/27

Contacted Ombudsman on 01/12/2015.

Ombudsman contacted USCIS on 02/20/2015.

Ombudsman sent a follow up to USCIS on 03/18/2015.

I-485 approved on 03/31/2015 ( we ordered your card).

Welcome notice was mailed on 04/01/2015.

Received Welcome Notice on 04/08/2015.

Card was mailed to me/picked up by USPS on 04/08/2015.

Received GC on 4/10/2015.

Prediction 04/08/2015

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Filed: Citizen (pnd) Country: Canada
Timeline

It seems like they doubt your joint sponsor's current income. It looks like they want 2013's tax info. Was 2013 one of the three years you sent? I'd follow exactly what they ask for in the letter: letter from employer as they describe, full 2013 tax return, evidence of assets.

What a pain. Sorry you have to do this.

First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013

Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

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It seems like they doubt your joint sponsor's current income. It looks like they want 2013's tax info. Was 2013 one of the three years you sent? I'd follow exactly what they ask for in the letter: letter from employer as they describe, full 2013 tax return, evidence of assets.

What a pain. Sorry you have to do this.

thanks, yeah its a huge pain... so you might wish to know, I included 2013's tax info. Now what's confusing is the 3rd section - surely I won't need to submit asset evidence because the income is more than enough?

As it already said above that they require letter of employment and paytubs for previous 6 months. I hope I will not receive RFE for submitting 3 months paytubs.

It seems they asked for W2, 1099, etc.

Yeah. I re-read the I-864 instructions and they do say 6 months... though I remember reading here on the forums, that 3 months was fine. So just be careful!

Looks to me like they want an employer letter from your joint sponsor

If they can, ask them to ask their employer to make a letter, on a company letterhead, about all the points they asked for (hourly wage, how long they've worked there, annual income etc)

Also ask for as many paystubs as they possibly can get, all of it will help, since it's saying they have sufficient income to support you, just not enough proof (to the adjudicator)

That's what I think, at least ^^ hopefully a more experienced VJ user can give you some input, as well

thanks for the input.

So I'm probably going to submit an employment letter from JS's work. and all 6 paystubs, and 3 years tax returns. (including latest).

I might have got away with 3 months pay stubs if I had an employment letter, or if I used 6 months pay stubs without employment letter. It's impossible to know really!

Edited by kettlefish

Adjustment of Status (AOS)

Spoiler

 

5/27/2014 0 Concurrent filling of I-130 (Petition), I-485 (AOS), I-764 (EAD), I-131 (AP)

5/27/2014 0 Submitted via UPS 2 day (cover letter thread)

5/29/2014 2 Arrived at Chicago Lockbox

6/6/2014 10 Checks cleared

6/10/2014 14 Notice of Action NOA1 (I130, I485, I131, I765) received. [Mailed out: Jun 05 2014)

6/11/2014 15 Notice of Action NOA1 (Biometrics) received. [Mailed out: Jun 09 2014]

6/18/2014 22 Biometrics done (early walk-in)

6/27/2014 31 Biometrics appointment date

6/28/2014 32 RFE (I-485/I-864) Joint Sponsor (rfe thread)

7/3/2014 37 RFE reply sent via UPS

7/8/2014 42 RFE received by USCIS. Processing now at NEBRASKA SERVICE CENTER

7/15/2014 49 I-485: Testing and Interview

8/13/2014 78 Received EAD/AP card in mail. (Date of issue: 08/06/14)

8/18/2014 83 Received notification: interview date assigned

9/18/2014 114 Interview date

9/18/2014 114 Green card approved (2yr Conditional)! Case status: Card in production

9/24/2014 120 USPS 2 day: Shipped from KORBIN, KY

9/25/2014 121 Delivered: Greencard (2yr Conditional) in hand. YAY!

 

Removal of Conditions (ROC) - SUCCESSFUL

9/9/2016 Submitted via USPS - Priority flat rate medium box (3 or 4 business days)

9/13/2016 Delivered: LAGUNA NIGUEL, CA 92607

9/13/2016 I-797 NOA1 - Conditional Residence Extension

9/24/2016 I-797 NOA2 - Biometric Appointment

10/13/2016 I-797 Biometric Appointment

3/8/2017 I-551 InfoPass Passport stamp (extended to 12/8/2017)

2/2/2018 Case status update: Card in production

2/15/2018 Delivered: Greencard (10 yr) in hand. YAY!

 

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Filed: Citizen (apr) Country: Mexico
Timeline

Does the $85k income come solely from the joint sponsor and none from his spouse? I guess he has joint tax transcripts, so that would be why they are also asking for the W-2 to show his individual income, since his spouse did not file an I-864A to go along with his I-864.

Resend the most recent IRS transcript and add a copy of his 2013 W-2. Provide a letter from employer and his last 6 months of pay stubs. Highlight and point out that his individual current annual income is $85k.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Does the $85k income come solely from the joint sponsor and none from his spouse? I guess he has joint tax transcripts, so that would be why they are also asking for the W-2 to show his individual income, since his spouse did not file an I-864A to go along with his I-864.

Resend the most recent IRS transcript and add a copy of his 2013 W-2. Provide a letter from employer and his last 6 months of pay stubs. Highlight and point out that his individual current annual income is $85k.

Hmm that's a good point. I assumed it was all his salary, on paystubs it says he earns about @9k per month (before tax).

will take your advice and highlight the income again in an attached note.

Edited by kettlefish

Adjustment of Status (AOS)

Spoiler

 

5/27/2014 0 Concurrent filling of I-130 (Petition), I-485 (AOS), I-764 (EAD), I-131 (AP)

5/27/2014 0 Submitted via UPS 2 day (cover letter thread)

5/29/2014 2 Arrived at Chicago Lockbox

6/6/2014 10 Checks cleared

6/10/2014 14 Notice of Action NOA1 (I130, I485, I131, I765) received. [Mailed out: Jun 05 2014)

6/11/2014 15 Notice of Action NOA1 (Biometrics) received. [Mailed out: Jun 09 2014]

6/18/2014 22 Biometrics done (early walk-in)

6/27/2014 31 Biometrics appointment date

6/28/2014 32 RFE (I-485/I-864) Joint Sponsor (rfe thread)

7/3/2014 37 RFE reply sent via UPS

7/8/2014 42 RFE received by USCIS. Processing now at NEBRASKA SERVICE CENTER

7/15/2014 49 I-485: Testing and Interview

8/13/2014 78 Received EAD/AP card in mail. (Date of issue: 08/06/14)

8/18/2014 83 Received notification: interview date assigned

9/18/2014 114 Interview date

9/18/2014 114 Green card approved (2yr Conditional)! Case status: Card in production

9/24/2014 120 USPS 2 day: Shipped from KORBIN, KY

9/25/2014 121 Delivered: Greencard (2yr Conditional) in hand. YAY!

 

Removal of Conditions (ROC) - SUCCESSFUL

9/9/2016 Submitted via USPS - Priority flat rate medium box (3 or 4 business days)

9/13/2016 Delivered: LAGUNA NIGUEL, CA 92607

9/13/2016 I-797 NOA1 - Conditional Residence Extension

9/24/2016 I-797 NOA2 - Biometric Appointment

10/13/2016 I-797 Biometric Appointment

3/8/2017 I-551 InfoPass Passport stamp (extended to 12/8/2017)

2/2/2018 Case status update: Card in production

2/15/2018 Delivered: Greencard (10 yr) in hand. YAY!

 

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  • 2 months later...

As it already said above that they require letter of employment and paytubs for previous 6 months. I hope I will not receive RFE for submitting 3 months paytubs.

It seems they asked for W2, 1099, etc.

Hi Anonymous885

Did they RFE’ed you on the 3 months paystub? I hope not. My husband will submit the AOS package this week and He is planning to send 3 months recent paystubs along with the 2011,2012 and 2013 W-2 and 1040.

Thanks in advance

Sept 2011- Met Online

May 16, 2014 - Wedding Date

USCIS

July 13, 2014 - I-130 NOA1 receipt (Nebraska Service Center)

July 30, 2014 - I-130 approved-NOA2 (17 days from NOA1)

NVC

Sep 03, 2014- Case # & IIN received

Nov 13, 2014- Case Complete (9/14/14 & 10/14/14 ; AOS & IV scan date )

EMBASSY

Dec 03, 2014 - Received P4 letter ( interview on Jan 29, 2015 )

Feb 03, 2015 - Visa on hand ( Thank You Lord )

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Hi Anonymous885

Did they RFEed you on the 3 months paystub? I hope not. My husband will submit the AOS package this week and He is planning to send 3 months recent paystubs along with the 2011,2012 and 2013 W-2 and 1040.

Thanks in advance

No, I did not receive any RFE until this point.

New Journey AOS:

My fiancee came to US on the 8th of March, 2014 under K-1 visa at Newark, NJ Airport for POE.

Applied Social Security Number on the 10 of March, 2014.

Married on the 13th of March, 2014.

Sent I-485, I-765, and I-131 on the 15th of March, 2014.

Received EAD on June 7, 2014.

Received Notice of Potential Interview Waiver on July 1, 2014 date 6/27

Contacted Ombudsman on 01/12/2015.

Ombudsman contacted USCIS on 02/20/2015.

Ombudsman sent a follow up to USCIS on 03/18/2015.

I-485 approved on 03/31/2015 ( we ordered your card).

Welcome notice was mailed on 04/01/2015.

Received Welcome Notice on 04/08/2015.

Card was mailed to me/picked up by USPS on 04/08/2015.

Received GC on 4/10/2015.

Prediction 04/08/2015

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Filed: Timeline

What I get down from this RFE that they say that the joint sponsor does not meet the 125% above poverty level considering the household size. So now they might be asking if he gets this 85K on his own, or this 85K is together with his spouse...plus the two of you (you and your wife) alas "household size becomes 4" instead of 3. But I may be overthinking this...

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AnotherLostSoul thats what i thought too.. it should be household of 4 instead of 3. :)

Anonymous885 thanks on your reply. my husband just prepare 6 months instead of 3 months. he has 6 months, he just dont want the thought os so many papers, he is paid weekly...

Sept 2011- Met Online

May 16, 2014 - Wedding Date

USCIS

July 13, 2014 - I-130 NOA1 receipt (Nebraska Service Center)

July 30, 2014 - I-130 approved-NOA2 (17 days from NOA1)

NVC

Sep 03, 2014- Case # & IIN received

Nov 13, 2014- Case Complete (9/14/14 & 10/14/14 ; AOS & IV scan date )

EMBASSY

Dec 03, 2014 - Received P4 letter ( interview on Jan 29, 2015 )

Feb 03, 2015 - Visa on hand ( Thank You Lord )

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  • 2 months later...
Filed: Other Timeline

Ok sorry to bring up an old thread but I have a question about this RFE.

I am filling out the paperwork for the I-864 and am going to use a rental property to supplement income. I am trying to avoid getting an appraisal because they are expensive so I wanted to use the most recent tax assessment. I have been told on this website that they only accept an appraisal from a licensed appraiser but on that RFE above it states on the last page under "Evidence of Assets Includes": "Evidence of ownership, a recent licensed appraisal or county tax assessment and any mortgage/lien or lien released of any real estate"

So does this mean I can use the tax assessment???

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  • 1 year later...
Filed: AOS (pnd) Country: Philippines
Timeline

Ok sorry to bring up an old thread but I have a question about this RFE.

I am filling out the paperwork for the I-864 and am going to use a rental property to supplement income. I am trying to avoid getting an appraisal because they are expensive so I wanted to use the most recent tax assessment. I have been told on this website that they only accept an appraisal from a licensed appraiser but on that RFE above it states on the last page under "Evidence of Assets Includes": "Evidence of ownership, a recent licensed appraisal or county tax assessment and any mortgage/lien or lien released of any real estate"

So does this mean I can use the tax assessment???

Did you ever get an answer to this? What did you submit? i am also on the same situation right now. I hope you can help me with my inquiries http://www.visajourney.com/forums/topic/604698-rfe/?p=8249873

Thank you!

Adjusting from B1/B2 Visa:

07/01/2015 - Arrived at San Francisco (b1/b2)

10/28/2015 - Ended our 9 years of dating and got hitched.

Our Never ending Visa/Immigration Journey begins:

06/06/2016 - AOS package sent to Chicago Lockbox via FEDEX

06/18/2016 - NOA 1 (receipt)

07/15/2016 - Biometrics

07/25/2016 - RFE (for I-864 joint sponsor)

09/07/2016 - Responded to RFIE

​09/09/2016 - USCIS will received our Docs (as per USPS, no update yet)

09/12/2016 - Infopass for 8am to Request for Expedited I-131 (Request APPROVED base on USCIS website)

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread from 2014 is now closed to further comments. The last poster above can be answered in the link in that post.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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