I-485 Request for Initial evidence

[You&Me 8]

My husband and I submited my I-485 application on June 19th. We had our bio appointment already and everything was going fine. Today we received a letter from the USCIS - Request for Initial Evidence:

This office is unable to complete the processing of your Application to register Permanent Residence or Adjust Status without initial evidence. Submit ALL of the information requested below at one time.

(...)

The sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The sponsor lists their current income on form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

At the time we submitted our paperwork my husband was making $20000 a year, which according to my calculations is at least 125% of the poverty guideline. However, he had recently received a raise that allowed him to meet this requirement, and for that reason the amount did not show up on his federal tax return from 2012. We thought this wouldn't be a problem, because even though his tax return didn't reflect the new income, his paystubs would, and do. We submitted paystubs for the previous 6 months as requested, the first 2 months (january and february) did not reflect the raise, as it only happened in March. We also attached a letter from his employer stating that he had recently been promoted and received a salary increase to $20000 dollars a year.

I'm not sure what else we can do to prove he meets the income requirements. Every thing they list in this letter we have sent with the original package. I'm quite lost...

[Pinkrlion 2,724]

Here are the actual poverty guidelines. http://www.uscis.gov/files/form/i-864p.pdf

How many people are in your household???? For two people that is correct. You turned in everything that I did. W-2's, tax returns, employer letter, and paystubs.

What other evidence did you submit with your application?

Edited August 2, 2013 by Pinkrlion

[You&Me 8]

Here are the actual poverty guidelines. http://www.uscis.gov/files/form/i-864p.pdf

How many people are in your household???? For two people that is correct. You turned in everything that I did. W-2's, tax returns, employer letter, and paystubs.

What other evidence did you submit with your application?

My houselhold size is only myself and my husband. I know he meets the requirements but not by very much, even so, it should be enough?

i believe I might have figured out where the misunderstanding was. We sent in 6 pay stubs, and in the letter they sent us they request pay stubs for the last 6 months of employment. In my husband's case, 6 pay stubs correspond to approximately 3 months, since he gets paid every 2 weeks. I believe the USCIS could have easily overlooked that fact (even if the dates on the pay stubs prove he gets paid every 2 weeks) and thought the amount shown on the pay stubs corresponds to a whole month of work. If that was the case, then yes, we would not meet the requirements.

We sent in together with the I-864 his w2's, 1040's, paystubs, and letter of employer, where it clearly states he got a raise recently to 20k a year. However, because the raise happened in March, his tax return doesn't show this amount yet.

[Caohime 0]

My houselhold size is only myself and my husband. I know he meets the requirements but not by very much, even so, it should be enough?

i believe I might have figured out where the misunderstanding was. We sent in 6 pay stubs, and in the letter they sent us they request pay stubs for the last 6 months of employment. In my husband's case, 6 pay stubs correspond to approximately 3 months, since he gets paid every 2 weeks. I believe the USCIS could have easily overlooked that fact (even if the dates on the pay stubs prove he gets paid every 2 weeks) and thought the amount shown on the pay stubs corresponds to a whole month of work. If that was the case, then yes, we would not meet the requirements.

We sent in together with the I-864 his w2's, 1040's, paystubs, and letter of employer, where it clearly states he got a raise recently to 20k a year. However, because the raise happened in March, his tax return doesn't show this amount yet.

Hi You&Me,

We received the same notice re: request for initial evidence to process my I-485 application. Would you please tell me how you solved your situation?