I-485 RFE Initial Evidence

[JoeyX09 2]

Hey, guys, I'm a little worried we received an RFE, I don't understand exactly why or what could have caused it I sent all the information they asked for here

Does anyone know what i can do?!

[Dave&Roza 748]

Hey, guys, I'm a little worried we received an RFE, I don't understand exactly why or what could have caused it I sent all the information they asked for here

Does anyone know what i can do?!

I would go to the IRS website and order tax transcripts as it sounds like your Federal Income Tax Return was not complete in the eyes of the USCIS--you were missing a W-2 or some other schedule. Also check that the income claimed as the AGI is 125% of the poverty guidelines. Also keep in mind that assets can be used and if you are sponsoring just a spouse then they are taken at 1/3 there value otherwise it is 1/5 of the fair market value which must be determined with an official appraisal. For example, if you have an income of only $17,000 then you are $2,387 short of the $19,387 required for a household size of 2. To use cash or other assets you would need 3 times the shortfall of $2,387 or $7,161. The primary residence and car are typically excluded as being able to be used as an asset. If your income has significantly increased since your last tax return, then include a letter from your employer stating the salary, position title, start date, and job status. Also include a few of your most recent paystubs to show current income. Just remember that you must PROVE the amount you put on the I-864 form is current income.

If after checking your income and if it is below the 125% level, find yourself a co-sponsor and get their tax transcripts and proof of current income. You must respond by the deadline or they will deny your AOS.

Good luck,

Dave

[melina151 2]

I got the same letter. I thought the W2 would be evidence enough since my husband didn't have a copy of his tax returns. Now we ordered the tax transcripts from the IRS website. It's really easy to do since you can just order it online. (http://www.irs.gov/Individuals/Order-a-Transcript). Then the second part: Just go to your employer and ask them to write you a letter and gather pay stubs to prove income. My husband for example didn't have access to his last pay stubs anymore since he switched jobs, so we contacted HR of his last employer and asked them to send us his pay stubs of the past few months. If the income does not exceed the 125%, you might want to think about having a co-sponsor.

[JoeyX09 2]

Does anyone know what is the Supplement A under Section 245(i) I received as well, also im trying to attach this second picture but it's not allow me

[Hypnos 6,576]

245(i) is not applicable in your case, but you do need to show proof of lawful entry. This should be a copy of your I-94, if possible. These are now usually electronic; you can obtain a copy of yours here: https://i94.cbp.dhs.gov/I94/request.html print it out and enclose it with your RFE response.

[JoeyX09 2]

I guess i am a little confused because I sent a copy of her visa + I-94 paper isn't it enough? As well a copy of marriage certificate?

[SennaBrigante 92]

How about a copy o her entry stamp on her passport?

[Pitaya 2,577]

~Moved from Family-based AOS to Family-based AOS Progress Forum~

[Hypnos 6,576]

Send another copy of the I-94, they were probably dumb and missed it.

[JoeyX09 2]

Thanks I can't believe they missed so much

[Lynkali 163]

I have heard that they SOMETIMES want a copy of the NOA2, that you got before the case headed to the embassy. Any chance that's what they're looking for? Did you include that already? Just taking a guess though, I don't think NOA2 is absolutely 100% required but it is recommended for K-1 AOS, I believe.

[Bella27 0]

Hi Guys,

So i received one of those rfe's basically saying that they are unable to complete my aos without initial information. and then it goes on to say that based on the documents submitted the income did not meet the 125% and to submit evidence of assets that meets the standards or obtain a joint sponsor.

So the story is that my husband's primary job is a bellman at a hotel, so most of his income is tips, and he has another job as a can driver that he does part time. In hindsight I think that my mistake was that i submitted pay stubs from his primary jobs as proof of that job but i did not submit any proof of employment for the cab job. my husband only started driving the cab in may so he has not filed taxes as yet for this job.

Just wondering if anyone can advise as to what "initial information" i should submit to uscis?
if i am sent a request for initial evidence and i miss something wld i get the chance to submit additional evidence?

Looking forward to hearing from you all. Thanks alot