RFE for I485

[LUAL 43]

Hello everyone,

we received a Request for Initial Evidence for our case (adjustment of status after marrying an American citizen). We are pretty sure we sent everything and that the income was over the poverty guideline but they ask us this:

- submit all supporting tax documentation submitted to the internat revenue service from petitioner/sponsor on for I864, for the most recent year

- based on the documents submitted with the I864, for the petitioner/sponsor, the net value of the assets does not make up the difference between the petitioner/sponsor's income and the poverty guidelines.

I don't understand since, again, we sent the first documents and the value of the asset is higher than the poverty guideline one...

any help?

Thanks

[aussie_jason 195]

What exactly did you send them?

[aussie_jason 195]

At a minimum you would need to send the 2012 tax transcript of the sponsor or an explanation why they were not required to file taxes (not likely when using assets) and proof of the net value of an asset that is worth three times the short fall of their income and 125% of the poverty line.

Edit: corrected from 5 to 3 times and clarified it is net value

Edited March 5, 2014 by aussie_jason

[Hypnos 6,576]

It's three times the shortfall for the spouse of a US citizen.

Edited March 5, 2014 by Hypnos

[aussie_jason 195]

Oops, I fail reading comprehension yes it is three times not five and it is the net value of the assets too.

[Dave&Roza 748]

Hello everyone,

we received a Request for Initial Evidence for our case (adjustment of status after marrying an American citizen). We are pretty sure we sent everything and that the income was over the poverty guideline but they ask us this:

- submit all supporting tax documentation submitted to the internat revenue service from petitioner/sponsor on for I864, for the most recent year

- based on the documents submitted with the I864, for the petitioner/sponsor, the net value of the assets does not make up the difference between the petitioner/sponsor's income and the poverty guidelines.

I don't understand since, again, we sent the first documents and the value of the asset is higher than the poverty guideline one...

any help?

Thanks

Did you submit tax transcripts or a tax return? If a tax return, it may not be a COMPLETE tax return. I would go to the IRS website and get a tax transcript for the latest year you have filed. For the assets, do you have an appraisal for each asset? Is the asset the primary residence? Unless the asset value of all assets is 3X the shortfall, you do not have enough (assuming you are sponsoring only a spouse otherwise the asset must be 5X the shortfall). If the asset is not cash then you need an official appraisal of its fair market value. You cannot use your primary residence as an asset as it falls into the "...will cause undue hardship if sold" category.

Sounds like your evidence is lacking and they are not considering what is not properly documented. Get proper documentation.

Good luck,

Dave

Edited March 5, 2014 by Dave&Roza

[LUAL 43]

Thank you for the help. So last year, the American spouse was living in Italy with me and studying, therefore last year's (2012) tax return will not show sufficient income.

But she started working in the U.S. in July 2013 and makes more than enough money for the poverty guideline. The fact that last year's tax return (2012) does not show sufficient income may be the problem. Do they consider the current year's income to be sufficient, before taxes are filed in April?

[NikLR 13,227]

Did the USC include pay stubs or a letter from their employer showing their current income is above the guidelines? If the USC files their 2013 taxes and includes the return or tax transcript, once available, that can also help if the 2013 taxes were above the guidlines. Do not just include a 2013 w2 with the I-864 or they will ask for the tax return as well.

[Zee Zee 23]

Did the USC include pay stubs or a letter from their employer showing their current income is above the guidelines? If the USC files their 2013 taxes and includes the return or tax transcript, once available, that can also help if the 2013 taxes were above the guidlines. Do not just include a 2013 w2 with the I-864 or they will ask for the tax return as well.

I'm not sure about that, I actually did send 2013 W-2 with I-864. All tax forms are mailed out by 01/31 so everyone has them by now - my 2013 W-2 was sort of proof of "current income" plus several pay stubs. They can't ask for 2013 return until 04/15 (I confirmed this with NVC). I was told by IRS that 2013 transcripts will not be available for several months after the filing due date.

[NikLR 13,227]

People have gotten checklists from the NVC for it. But maybe the USCIS won't send an RFE. It's easier to send a pay stub with YTD than worry about an RFE (or a checklist from the NVC) IMHO, but whatever floats your boat.

[KayDeeCee 4,893]

Thank you for the help. So last year, the American spouse was living in Italy with me and studying, therefore last year's (2012) tax return will not show sufficient income.

But she started working in the U.S. in July 2013 and makes more than enough money for the poverty guideline. The fact that last year's tax return (2012) does not show sufficient income may be the problem. Do they consider the current year's income to be sufficient, before taxes are filed in April?

You needed to list his current annual income. How much he makes an hour times how many hours worked per week, then multiplied by 52 weeks to get the current annual income amount. Provide a letter from employer and/or recent pay stubs to prove that current income amount.

[LUAL 43]

Did the USC include pay stubs or a letter from their employer showing their current income is above the guidelines? If the USC files their 2013 taxes and includes the return or tax transcript, once available, that can also help if the 2013 taxes were above the guidlines. Do not just include a 2013 w2 with the I-864 or they will ask for the tax return as well.

I'm not sure about that, I actually did send 2013 W-2 with I-864. All tax forms are mailed out by 01/31 so everyone has them by now - my 2013 W-2 was sort of proof of "current income" plus several pay stubs. They can't ask for 2013 return until 04/15 (I confirmed this with NVC). I was told by IRS that 2013 transcripts will not be available for several months after the filing due date.

Hi and thank you for your answers, the USC included a pay stubs AND the letter from the employer. the only thing we did not send was the W2 since we did not have that yet when we filed the AOS.

You needed to list his current annual income. How much he makes an hour times how many hours worked per week, then multiplied by 52 weeks to get the current annual income amount. Provide a letter from employer and/or recent pay stubs to prove that current income amount.

We did include that when we filed the form

[KayDeeCee 4,893]

They can ask for 2013 before the April deadline and do each year, usually starting around March.

You can either file the 2013 taxes and send a complete copy of the return with all forms, schedules and W-2s, or send them a statement that you have not yet filed taxes for 2013 and that they are not due until April 15th. I would go ahead and file the 2013 taxes and provide them with what they seem to be asking for. They most likely wanted to see the 2013 taxes because you included the W-2 for 2013 and they thought you just did not provide a complete tax return for 2013. State again the current annual income and provide the employment letter and recent pay stubs once more. Leave off the assets if they are not needed to reach the income requirement. They seem to just be confusing the issue.

This is not for an I-864 going through the NVC for a spousal visa. This is for AOS from a K-1.

[LUAL 43]

They can ask for 2013 before the April deadline and do each year, usually starting around March.

You can either file the 2013 taxes and send a complete copy of the return with all forms, schedules and W-2s, or send them a statement that you have not yet filed taxes for 2013 and that they are not due until April 15th. I would go ahead and file the 2013 taxes and provide them with what they seem to be asking for. They most likely wanted to see the 2013 taxes because you included the W-2 for 2013 and they thought you just did not provide a complete tax return for 2013. State again the current annual income and provide the employment letter and recent pay stubs once more. Leave off the assets if they are not needed to reach the income requirement. They seem to just be confusing the issue.

This is not for an I-864 going through the NVC for a spousal visa. This is for AOS from a K-1.

Thank you.

Also, if the income for this year (2014) will be more than the poverty line amount (IE poverty line is 19000 and the salary for US spouse and sponsor is 25000) ... is it enough or does the saving/checking account in the bank have to have a minimum amount of money in it too?

[KayDeeCee 4,893]

If the USC petitioner/sponsor currently makes $25k annually, then they more than meet the requirement for a household size of 2. Provide a new I-864 and leave the assets section blank. Use a cover letter stating what you are including and tell them the income meets the requirement, so you are providing an updated I-864 to exclude the unnecessary assets. Make sure to include again the proof that the USC makes $25k. It seems like they looked only at the 2013 and saw that it did not meet the requirement, since he had only worked 6 months so far that year at the current job and the overlooked the employment letter and pay stubs. Be sure to point them out and highlight his pay on them if you need to.