2nd Identical RFE I-864 A

[lfr19 1]

Hi There,

I filed for AOS in May of this year and received a first RFE in June regarding form I-864. My spouse does not meet the income requirement and based on the most recent tax return that we provided we were about $1,400 short of the magic number ($19,663).

RFE was asking explicitly for evidence of assets which we provided at the time we filed. We had printed off the most recent bank statement that we could get at the time of filing that was showing a substantial amount of money that easily covers the 3-1 asset to income ratio in a savings account.

Our case was handled by a lawyer and we wrongly assumed that it was a mistake on the part of USCIS and that they probably did not pay attention or documents got lost. We submitted the most updated information as far as assets and included the first documents that we had sent in the first package.

In our case it should be pretty simple, assets can be used and we can prove that we have them. I am thinking there is something wrong in the way that are presenting the evidence to the immigration officer. The second RFE is identical and we can see that the officer highlighted the part that says:

"Evidence of assets includes:

- Bank statements covering the last 12 months, or a statement from an officer of the bank in which the sponsor has deposits etc including withdrawal history and current balance"

I guess I should get an official letter from the bank verifying that everything is accurate, balance, date the account was opened etc as the account has not been opened for 12 months yet. Thoughts? I appreciate the help and advice. Thanks.

[Harpa Timsah 13,258]

Yes, you need to provide a lot more than one bank statement. As stated, show a year's worth of statements, so they can verify that you have not been gifted a large sum recently.

[CowBoE 429]

You said "We had printed off the most recent bank statement that we could get at the time of filing".

This sounds like you printed off ONE latest statement only, but this is not what RFE was asking.

They are CLEARLY asking you to

1) provide the "Bank statements covering the last 12 months"

2) Or "a statement from an officer of the bank in which the sponsor has deposits etc including withdrawal history and current balance"

They are trying to detect a big chunk of deposit (often using borrowed money) temporarily to boost the asset.

[lfr19 1]

Thanks Harpa I understand assets go up and down and they will like to see that. I want to make sure I am doing this right this time around:

Should we include as much history of all the bank accounts we have both owned over the last 12 months as they say?

My spouse also had received proceeds from life insurance of a deseased family member as well. It should not be a hard case at all but I want to make sure we are giving them everything they want this time I wish I had received better advice from my lawyer.

Also I now have a job that I will have after granted AOS and this job puts us well over the poverty guidelines is that something that we could use now as a positive change in our situation?

Thanks

[kehills 217]

Thanks Harpa I understand assets go up and down and they will like to see that. I want to make sure I am doing this right this time around:

Should we include as much history of all the bank accounts we have both owned over the last 12 months as they say?

My spouse also had received proceeds from life insurance of a deseased family member as well. It should not be a hard case at all but I want to make sure we are giving them everything they want this time I wish I had received better advice from my lawyer.

Also I now have a job that I will have after granted AOS and this job puts us well over the poverty guidelines is that something that we could use now as a positive change in our situation?

Thanks

Be sure you include a letter explaining about the insurance, documentation of the family member dying, the inheritance of life insurance, taxes, and all that. You want to make it clear that it was a legal inheritance and not the temporary boost of finances that Harpa mentioned.

Do you have individual bank accounts from before that 12 months that will show a transfer of assets from individual accounts to new accounts?

[lfr19 1]

Be sure you include a letter explaining about the insurance, documentation of the family member dying, the inheritance of life insurance, taxes, and all that. You want to make it clear that it was a legal inheritance and not the temporary boost of finances that Harpa mentioned.

Do you have individual bank accounts from before that 12 months that will show a transfer of assets from individual accounts to new accounts?

Thank you for your reply I appreciate it. We can prove that the money was legally inherited and yes we could show individual bank accounts (checking/savings) from over 12 months, when the insurance money got deposited into one newly opened account.

I know it sounds very confusing but we got married a few months ago and opened a few new joint accounts in a short period of time following that.

[genddob 10]

Your problem is that if using assets to make up the difference, you need to show FIVE times the difference, not three.

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[lfr19 1]

I appreciate your response genbob but if you look at the USCIS guidelines you just linked to if you are a spouse of a USC it's 3 times and not 5.