Request for Initial Evidence (URGENT HELP FROM YOU GUYS)- merged

[KatyF28 0]

Good day to all... I hope anybody can help me on my AOS, we're planning to file this September but my question is that, we are just leaving in my husbands bestfriend right now till October, do you guys think we will have a problem with regards to the household? We're 5 in the house but we are not financially supporting them, it's just the 2 of us but we just live here for now. Can you help me with this? Is there any problem if we apply AOS?

[KayDeeCee 4,893]

You can apply for AOS. It does not matter who live with. You just need to be living together as a married couple.

Everyone you live with is not necessarily in your household count. For the affidavit of support, it will be just the two of you.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[KatyF28 0]

Really? Thank You so much for the response... I have couple another questions if you don't mind, if we move by the time that our AOS is on process, is it difficult to change of address?

If the 2013 ITR doesn't show enough income, but he got a new job which is way above the poverty line, you think we will have an RFE because of the recent ITR?

I am just so worried since we will be the one will file the AOS, we decided not to hire agency to save. ?

[KatyF28 0]

I just want to ask if anyone here in VJ experience to receive an RFE 2 times. I'm just curious if we sent the RFE and they still not content with it, do they deny right away? Please help.

Did anyone of you get this kind of letter and now been approved and has your green card already? How will I know what the exact papers they're asking? My husband meet the 125% and it's way above the requirement. He doesn't have any other assets than car. He doesn't have 12 months bank statements because we just opened a new joint account for two months now. I really don't know what to do anymore. I'm worried of getting denied. Please anyone experience this?

Edited October 22, 2014 by KatyF28

[AuroreJeremy 26]

Hi! I got the same RFE almost a month ago. My husband meet the 125% of poverty guideline as well but he's been working only since last May (was a student before). I thought we would be fine but we still got the RFE. We called the USCIS customer service and we were able to talk to an Immigration Officer. She was able to give us more information as to why we got the RFE. She said that it's because my husband hasn't been working long enough and his most recent tax return was under the poverty guideline (his income was O at the time). So maybe that's why you got the RFE? Did you include any paystubs/employment letter as supporting documents with the affidavit of support? The Immigration Officer told us that, since my husband doesn't have any assets, our best option was to get a joint sponsor. So that's what we are doing. She also said that we should do exactly what the RFE states because if not I might get denied.

Maybe you should try to talk to an Immigration Officer and see what he/she says. Or if you know someone that could be your joint sponsor that would be great!

I think it could happen to get a RFE twice but I wouldn't risk it. Better send them what they're asking for. Good luck!

[KatyF28 0]

Really? Huhuhu... We really had same situation. Did you sent an employment letter? If you have vehicle, isn't that an asset? It's just so hard to find a joint sponsor, that's why I don't know what to do.

[KayDeeCee 4,893]

What did you send as proof of current annual income to begin with?

[KatyF28 0]

I sent the 3years taxes with w2 and 1040, 5 pay stubs of current employment, 1 bank statement. That's all the proof that I sent.

[KayDeeCee 4,893]

Hmm, if you are certain he meets the income requirement for his household size, then send a letter from his employer that states his position and salary plus more recent pay stubs. If he also met the requirement last year as well, then send in an IRS tax transcript from 2013 too.

What is the household size count, and what is the current income amount?

[KatyF28 0]

He didn't meet the last year tax, it means it's below the poverty guideline.

The household size is just me and him so 2 because he didn't declare his minor child in his tax since the custody is not with him anymore. He is not supporting anyone except for me.

By the way he just started a new job 3months ago, June .

Edited October 22, 2014 by KatyF28

[KayDeeCee 4,893]

Minor children are included in your household count no matter if you pay child support, who claims them on their taxes or where they live. If the child is a minor, then he needs enough for a household of 3.

[AuroreJeremy 26]

Really? Huhuhu... We really had same situation. Did you sent an employment letter? If you have vehicle, isn't that an asset? It's just so hard to find a joint sponsor, that's why I don't know what to do.

Yes we have the same situation. We didn't send an employment letter, just paystubs. We didn't use his car as an asset. I know it's hard to find a joint sponsor, I felt bad having to ask but it might be the best solution. I'm following the AOS September 2014 Filers thread and 2 other people got the exact same RFE as we did. Their situation is the same: USC didn't meet the 125% poverty guideline for their household size accordiing to the most recent tax return, but meets it now (started a new job recently). So like KayDeeCee suggested on my other post, you can send them your husband's affidavit of support again with paystubs and employment letter (showing he meets the requirements for a household of 3). Or you find a joint sponsor and you send all of that plus your joint sponsor's affidavit of support, supporting documents (paystubs, employment letter...), most recent tax return and proof that he/she is a USC or LPR. Hope that helps!

[KatyF28 0]

But KayDeeCee he didn't claim his minor child in his recent tax, do we still need to add her in the household?

Edited October 22, 2014 by KatyF28

[KatyF28 0]

Yes we have the same situation. We didn't send an employment letter, just paystubs. We didn't use his car as an asset. I know it's hard to find a joint sponsor, I felt bad having to ask but it might be the best solution. I'm following the AOS September 2014 Filers thread and 2 other people got the exact same RFE as we did. Their situation is the same: USC didn't meet the 125% poverty guideline for their household size accordiing to the most recent tax return, but meets it now (started a new job recently). So like KayDeeCee suggested on my other post, you can send them your husband's affidavit of support again with paystubs and employment letter (showing he meets the requirements for a household of 3). Or you find a joint sponsor and you send all of that plus your joint sponsor's affidavit of support, supporting documents (paystubs, employment letter...), most recent tax return and proof that he/she is a USC or LPR. Hope that helps!

My uncle and aunt in Hawaii are willing to be a joint sponsor, the prob is they have their own business. I don't know how to fill out the affidavit of support if their taxes are combine. And please correct me if I'm wrong, if their household size is 2 my aunt and uncle plus 4 dependent child, plus me, so total of 7 household. Right?

[AuroreJeremy 26]

My uncle and aunt in Hawaii are willing to be a joint sponsor, the prob is they have their own business. I don't know how to fill out the affidavit of support if their taxes are combine. And please correct me if I'm wrong, if their household size is 2 my aunt and uncle plus 4 dependent child, plus me, so total of 7 household. Right?

Oh good you have a joint sponsor I think your uncle has to fill out the form I-864 and your aunt the form I-864A (I'm not 100% sure so maybe someone can confirm!!) and yes you're right for the household, it would be 7.

Edited October 22, 2014 by AuroreJeremy