RFE FOR I-134?

[OverTheSky 1]

Ok I'm getting ready to send in my RFE packet but I want to make sure everything is in order before I do.

Here's what they requested:

Letter of Employment containing the following:

-Dates of Employment

-Nature of the Job

-Wages and salary earned

-Number of hours per week worked

-Prospects for future employment and advancement

-Pay stubs or other documentation of pay for the previous 6 months.

- Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Security Benefits.

Now here's the reasoning for the RFE:

The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/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.

Now here's the thing,

When we filed the I-485 petition I included most copies of most recent pay stubs, along with a letter stating I didn't file income tax return for years 2012 and 2011, and tax return transcripts from 2010 and 2009. We have a co-sponsor that meet the poverty guidelines because I've only been working as of February 2013.

I'm planning on re-submitting copies of my pay stubs, along with another letter stating I didn't work in 2011 and 2012, and tax return transcript from the IRS for year 2010, and Non-Filling tax return transcripts from the IRS for the years 2011 and 2012. I'm also now including the letter of employment I left out from our I-485 packet.

Also, our RFE didn't come with a return envelope, so we're planning on sending everything in a priority USPS envelope with "RFE Response: File # EAC XX-XXX-XXXX written on the front. Will this be fine?

[Canerican 242]

Is this AOS that you are doing as you mention I-485 or is this the petition (I-129F) for a fiance(e) as your post topic mentions the I-134? Just so that people are clear as to where you are in the process and if you could please start/ update the timeline that would be good.

[Pitaya 2,577]

It helps everyone that uses the forum. Additionally, it enables other members to better formulate appropriate responses.

[Nich-Nick 3,354]

Your reply sounds sufficient. Make sure you say more than"I didn't file a tax return.". State that you earned zero dollars in 2012 and were below the threshold level of income for filing a tax return. You have to give a specific reason. With a lack of a tax return, a few pay stubs did not convince them. An employer letter and and all pay stubs since your employment began in February should do it. They could also be discussing what your joint sponsor needs to send if they didn't provide enough either. Review what you supplied for them too.

[agnesb 47]

I'm also now including the letter of employment I left out from our I-485 packet.

That seem to be one of the major things they ask for so I'd make sure it covers all the things mentioned in rfe.

They acknowledged that your income for last year did not meet 125% and now focusing on your current employement which seem to be above the threshhold but you need to prove it with the letter from employer and paystubs.

[OverTheSky 1]

Your reply sounds sufficient. Make sure you say more than"I didn't file a tax return.". State that you earned zero dollars in 2012 and were below the threshold level of income for filing a tax return. You have to give a specific reason. With a lack of a tax return, a few pay stubs did not convince them. An employer letter and and all pay stubs since your employment began in February should do it. They could also be discussing what your joint sponsor needs to send if they didn't provide enough either. Review what you supplied for them too.

Nich-Nick, when I sent the initial I-485 (Adjustment Of Status) packet I included up-to-date pay stubs, and now as I'm sending in the RFE I will include all pay stubs from February to present day. I'm wondering if the issue could have been that I didn't have exactly six months of pay stubs at the time, but now I will have six months worth.

Here's what I have for the letter explaining unemployment for years 2011 and 2012:

To whom it may concern:

I, Petitioner, was exempt from filing US Tax returns for years 2011 and 2012 because I had no income in those years.

You don't think this suffices? Should I go into details as to the circumstances?

Edited September 6, 2013 by OverTheSky

[OverTheSky 1]

That seem to be one of the major things they ask for so I'd make sure it covers all the things mentioned in rfe.

They acknowledged that your income for last year did not meet 125% and now focusing on your current employement which seem to be above the threshhold but you need to prove it with the letter from employer and paystubs.

Even if my current employment is above the threshold this still doesn't make me qualified as a sponsor in their eyes, hence we have a co-sponsor. Why are they focusing so much on my current employment then? We got approved on our I-129F packet without a letter of employment as I was a student back then, but now I'm working. Does this make the difference to them?

[OverTheSky 1]

Does anyone know anything about the envelope issue? Will we be fine submitting our RFE documents in a USPS Priority envelope with "RFE Response: File # EAC XX-XXX-XXXX" written on top?

[Nich-Nick 3,354]

Nich-Nick, when I sent the initial I-485 (Adjustment Of Status) packet I included up-to-date pay stubs, and now as I'm sending in the RFE I will include all pay stubs from February to present day. I'm wondering if the issue could have been that I didn't have exactly six months of pay stubs at the time, but now I will have six months worth.

Here's what I have for the letter explaining unemployment for years 2011 and 2012:

To whom it may concern:

I, Petitioner, was exempt from filing US Tax returns for years 2011 and 2012 because I had no income in those years.

You don't think this suffices? Should I go into details as to the circumstances?

Yes I do think it suffices. The first post you made said "...along with a letter stating I didn't file income tax return for years 2012 and 2011..." which sounded like you didn't provide a reason. Having no income is a reason.

Use any envelope you like.

If your current income is over the threshhold, you qualify. It doesn't have the be the number off your tax return. You could have gotten a better job, a raise, or finished school since 2012. But you have to prove it to them.

[OverTheSky 1]

Yes I do think it suffices. The first post you made said "...along with a letter stating I didn't file income tax return for years 2012 and 2011..." which sounded like you didn't provide a reason. Having no income is a reason.

Use any envelope you like.

If your current income is over the threshhold, you qualify. It doesn't have the be the number off your tax return. You could have gotten a better job, a raise, or finished school since 2012. But you have to prove it to them.

Really? But isn't one of the requirements for being a sponsor that you have at least three years of verifiable work history and an income level above the poverty line? That is the main reason we used a co-sponsor when filing for Adjustment of Status (Form I-485).

[KayDeeCee 4,896]

Really? But isn't one of the requirements for being a sponsor that you have at least three years of verifiable work history and an income level above the poverty line? That is the main reason we used a co-sponsor when filing for Adjustment of Status (Form I-485).

Your title is confusing since this topic is not about an I-134.

The requirement is that is you have filed taxes for the last 3 years and list the total incomes from each, or provide statement as to why you were not legally required to file for any of the years you did not. Your current annual income must meet the 125% requirement and you can prove your current income with a letter from your employer and/or recent pay stub(s). You can take your current hourly pay and multiply that by how many hours you work a week. Then, multiply that weekly amount by 52 weeks to get your current annual income. For example, full time at 10 an hour is 10 x 40 hours = $400 weekly. $400 by 52 weeks in a year is $20,800.