RFE for I485

[LUAL 43]

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.

But would not it be better to include more stuff than less? Like the US spouse/sponsor also owns fields, buildings, etc... So would it be good to include statements saying what she owns?

Thank you so much

[LUAL 43]

Also, should we not check the box Part 6 Question 13 ? Because the US spouse/sponsor wont have the 2013 tax return ready until the summer...

Same with Part 6 questions 13 a, 13 b , 13 c ? Should we not fill them since they show a really low income since she was not working at that time..

[Dave&Roza 748]

But would not it be better to include more stuff than less? Like the US spouse/sponsor also owns fields, buildings, etc... So would it be good to include statements saying what she owns?

Thank you so much

If you do not have an official appraisal of the fair market value than that evidence is worthless. You must PROVE the income and must PROVE the value of any assets. You cannot just make a number up. It must have documented proof. More evidence is always good, but it must be quality evidence. Otherwise the IO may think you are trying to snow them and may not look at anything you submit.

Good luck,

Dave

[LUAL 43]

If you do not have an official appraisal of the fair market value than that evidence is worthless. You must PROVE the income and must PROVE the value of any assets. You cannot just make a number up. It must have documented proof. More evidence is always good, but it must be quality evidence. Otherwise the IO may think you are trying to snow them and may not look at anything you submit.

Good luck,

Dave

We would of course prove everything and every asset... the thing is that since the income is over the amount stated on the poverty guideline... we would prefer to keep it easy and just state the income proving it with the employer letter. Would it be enough?

[aussie_jason 195]

We would of course prove everything and every asset... the thing is that since the income is over the amount stated on the poverty guideline... we would prefer to keep it easy and just state the income proving it with the employer letter. Would it be enough?

Yes

[KayDeeCee 4,893]

Also, should we not check the box Part 6 Question 13 ? Because the US spouse/sponsor wont have the 2013 tax return ready until the summer...

Same with Part 6 questions 13 a, 13 b , 13 c ? Should we not fill them since they show a really low income since she was not working at that time..

Yes. If you are not using 2013 as your most recent, then you provide 2010, 2011 and 2012. It doesn't matter that the are below the income requirement. They need to be listed. It is not an optional section. Be sure to let them know you have not filed your 2013 taxes yet, and why you could not file them before responding to the RFE.

We would of course prove everything and every asset... the thing is that since the income is over the amount stated on the poverty guideline... we would prefer to keep it easy and just state the income proving it with the employer letter. Would it be enough?

Yes. If you do not need to list assets to meet the requirement, then leave them blank. That section is optional. You can list them if you want to, but be sure to provide proof of ownership and net values for anything you list. Property, as stated above, needs an appraisal and any info about liens against it to get the net value. Everything you list must also be able to be liquified within a year without any hardship to the USC sponsor.

[LUAL 43]

Yes. If you are not using 2013 as your most recent, then you provide 2010, 2011 and 2012. It doesn't matter that the are below the income requirement. They need to be listed. It is not an optional section. Be sure to let them know you have not filed your 2013 taxes yet, and why you could not file them before responding to the RFE.

Thank you so much for your time,

So should I just send again the I864, with a cover letter saying that I'm sending it again in order to leave all the unnecessary assets out. I will also send the W2 and 1099 form that the US sponsor has, but Ill say on the cover letter I can't send the 2013 tax return since it wont be due until this summer since she is waiting for the K1 forms for properties ...

also, what if we send something and the USCIS thinks they need something else or something different... would we get denied?

[LUAL 43]

ops... just noticed that the RFE says : " The service will process your form I765 , application for employment authorization ...

does it change anything? also on the website we have 3 status (one for the AOS, one for AP, one for EA)

AOS status on the website is : CARD/DOCUMENTATION PRODUCTION : On March 1, 2014 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

AP status on the website is: INITIAL REVIEW On March 1, 2014, your address was changed relating to the I131, APPLICATION FOR USCIS TRAVEL DOCUMENT that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

EA status on the website is: INITIAL REVIEW On March 1, 2014, your address was changed relating to the I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

[KayDeeCee 4,893]

Will your spouse be filing an extension so they can file in the summer rather than the deadline next month? If so, have her file the extension now before you send the RFE so you can include a copy of the extension to show why the 2013 taxes are not available yet.

You mentioned a 1099 though. Does part of her income come from self-employment of some kind? If so, does she meet the income requirement with just her income as an employee? Proving self-employment income is different than proving income as an employee. For the self-employed, the go by line 22 of the most recent 1040, so if that is below the requirement on the 2012 taxes, then that could be the problem.

Status updates are unreliable online. Did you recently change your address?

[LUAL 43]

Will your spouse be filing an extension so they can file in the summer rather than the deadline next month? If so, have her file the extension now before you send the RFE so you can include a copy of the extension to show why the 2013 taxes are not available yet.

You mentioned a 1099 though. Does part of her income come from self-employment of some kind? If so, does she meet the income requirement with just her income as an employee? Proving self-employment income is different than proving income as an employee. For the self-employed, the go by line 22 of the most recent 1040, so if that is below the requirement on the 2012 taxes, then that could be the problem.

Status updates are unreliable online. Did you recently change your address?

Thank you and again, we really appreciate your feedbacks.

So she has been on 1099 since August 2013, before she was on the w2. So of course they show less than the poverty guideline. But her CURRENT and FUTURE income will be over the poverty guideline. Would it not be okay to pass the test for the eligibility based on the income?

We could also provide a bigger asset (meaning putting more money in her account) so that we will pass the assets test...

So we were thinking about sending a cover letter saying:

- this is what she is making... proved by the employer letter and the pay stubs, and it's over than 19662 $ as said on the poverty guideline for an household of 2 people

ALSO

- this is the updated assets (with documents like bank statements, etc... ) proving that she has more than the amount that is required ( not sure if it's 3 times the poverty guideline or 5 times...)

so that we would pass both of the tests and will be more eligible for not being denied... Would it be okay?

Again thanks

Edited March 8, 2014 by LUAL

[LUAL 43]

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

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

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

I think it's 5 times.

This is what the RFE says:

* Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.

* Assets must equal three time the difference for spouse or child of a United States Citizen.

* Assets must equal five times the difference for all others.

So since she is the petitioner/sponsor/US spouse, she has to show 5 times since I'm not a US citizen ... Isn't it unfortunately true?

[aussie_jason 195]

I think it's 5 times.

This is what the RFE says:

* Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.

* Assets must equal three time the difference for spouse or child of a United States Citizen.

* Assets must equal five times the difference for all others.

So since she is the petitioner/sponsor/US spouse, she has to show 5 times since I'm not a US citizen ... Isn't it unfortunately true?

Why would she be petitioning for you if you are already a USC? The above talking about the petitioner not the beneficiary.

[LUAL 43]

Why would she be petitioning for you if you are already a USC? The above talking about the petitioner not the beneficiary.

We are both using this forum. The US citizen is my wife, I'm Italian and I'm the applicant for the AOE. She is my only sponsor because we thought it would have been enough since she is now making more than the poverty guideline...

[aussie_jason 195]

If she makes enough now then forget about adding any of your income or assets, however be careful with the 1099 as you need to take out payroll tax from that to determine the gross amount.

[LUAL 43]

If she makes enough now then forget about adding any of your income or assets, however be careful with the 1099 as you need to take out payroll tax from that to determine the gross amount.

The thing is that she wont be done with tax return 2013 until summer. So she doesnt know what's her net income is.... a friend of us who is a lawyer suggested to pass both tests (income and assets) just to make sure...

With the I485 we submitted of course also the i864 and it showed that her current income is greater than the poverty guideline... but we also put it some assets that we less than the 5 times... I dont know if that made some confusion...

I still dont know if the asset has to be 3 or 5 times the difference... also which difference ?? the poverty guideline is 19662 ... should I subtract what she is making no so we will go below zero, or should we subtract what the 2012 tax return shows?