Rfe sent last Wednesday.. Is there a chance my I-765 is still in line?

[epsonderby 85]

We sent a letter from employer and one month of pay stubs (2) and we were approved without any questions at all. I guess it just depends on the IO.

[blankmedia 41]

Prove current income

It does not say on the form "what did you make during the last calendar year or last tax year? "

22. I am

currently

: (employed as a .....etc)

23. My

current

individual annual income is

:

And from the instructions:

23. Current Individual Annual Income.

Enter your

current

individual earned or retirement annual income that you are using to meet the requirements of this form and indicate the total on this line. You may include evidence supporting your claim about your

expected

income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

People who were students earning zero income, then graduate with an engineering degree and start a $55,000/yr in Sept are approved by proving that new job. Since the tax return doesn't prove it, they need something else...like the offer letter or an employer letter stating the yearly salary and that it is a permanent position. At this time of year and depending on the job category, it might appear his new paystubs reflect a seasonal job that is going to be over at Christmas so the employer letter needs to make the permanence clear.

Also, it sounds like he does qualify on his own. But even if he didn't or you didn't prove it to them, they could still approve based on the joint sponsor. But you left off some needed evidence on the joint sponsor. So there's two ways to get approval, but you got an RFE because as submitted, there wasn't enough for them to approve either.

I'm fairly certain that when USCIS states "Annual Income", they mean income made in a tax year. It's the same with banks, and applying for credit. They don't ask how much you have made in the last 365 days, it's based on "Yearly Income" which means in a given Tax Year. Income is always determined by Tax Year, that's just how it works in my experience.

I'm sure a letter from the employer would be a really good thing to submit, all I am saying is that given that this is a RFE response and a pretty big deal, I don't think that should be the only document submitted. I would wait for W-2's, its only a couple weeks.

[Nich-Nick 3,354]

I'm fairly certain that when USCIS states "Annual Income", they mean income made in a tax year. It's the same with banks, and applying for credit. They don't ask how much you have made in the last 365 days, it's based on "Yearly Income" which means in a given Tax Year. Income is always determined by Tax Year, that's just how it works in my experience.

I'm sure a letter from the employer would be a really good thing to submit, all I am saying is that given that this is a RFE response and a pretty big deal, I don't think that should be the only document submitted. I would wait for W-2's, its only a couple weeks.

I agree that multiple proofs of income like a new W2 is a great idea. I just disagree that approval is based on income earned in a tax year. Why do they use the word "expected" income in the instructions? You get a raise, you have a new annual income level.

Also the number filled in on #23 (current income) does not have to exactly match your income tax figures reported in #25. But whatever you put on #23 needs proof like an employer letter or 6 months pay stubs to back it up if your tax return does't. If the person with the RFE puts $26,000 as current income, then the two w2s from 2012 are still not going to prove $26,000 so aren't going to satisfy the RFE. it's going to take 6 months of current pay stubs or an employer letter....which ever is faster to get. Or if they just prove the Mom's citizenship, they will satisfy USCIS requirements. But I do agree, an overload of evidence can't hurt, I hope.

[VanessaTony 3,567]

I'm fairly certain that when USCIS states "Annual Income", they mean income made in a tax year. It's the same with banks, and applying for credit. They don't ask how much you have made in the last 365 days, it's based on "Yearly Income" which means in a given Tax Year. Income is always determined by Tax Year, that's just how it works in my experience.

I'm sure a letter from the employer would be a really good thing to submit, all I am saying is that given that this is a RFE response and a pretty big deal, I don't think that should be the only document submitted. I would wait for W-2's, its only a couple weeks.

Sorry but no. Nich-Nick is right. It's based on CURRENT income because the previous tax year may show a lower income than current and it would be irrational to wait everyone wait until their most recent taxes were filed. Tax time would then mean a HUGE influx of applications.

In my personal situation my husbands 2008 return (when we filed the K1) was under the requirement (full time student and all) but by the time we filed he had a job and his current income was over the threshold as proven by the employer letter. We were approved without question.

Again, CURRENT income, not PAST income, is what matters.

Edited December 27, 2012 by Vanessa&Tony

[sarahk316 2]

Sorry, just going back to my original topic... The rfe response was sent last Tuesday (9 days tomorrow) still no processing or receipt of delivery update online... How long should I wait before inquiring into whether this was received or not? How long did it take you guy(s)?

Edited December 27, 2012 by sarahk316

[VanessaTony 3,567]

Sorry, just going back to my original topic... The rfe response was sent last Tuesday (9 days tomorrow) still no processing or receipt of delivery update online... How long should I wait before inquiring into whether this was received or not? How long did it take you guy(s)?

When you say "online" do you mean via the tracking you paid for through your mail carrier? Or do you mean on the USCIS site? If the former, call them to find out where your package is. If the latter, then it means nothing because the site is often wrong.

[sarahk316 2]

When you say "online" do you mean via the tracking you paid for through your mail carrier? Or do you mean on the USCIS site? If the former, call them to find out where your package is. If the latter, then it means nothing because the site is often wrong.

On the uscis site, my lawyer sent in the paperwork so I will be sure to ask him about tracking info. Thank you