Req. for Initial Evidence (I-485) - K1 Suspended please advise!

[USwGerBride88 0]

Hello All,

My wife (applicant) has come here on a K1 visa, we got married on Dec. 29th, and filed the AOS packet shortly after.

We recieved an I-485 with a box checked stating our case was suspended due to not meeting income requirements!

Short timeline for reference:

1. I graduated from OSU at the end of 2013 (December)
2. Got a job at the end of March, 2014 (3/25/14) - Salaried (started at $45k, now $60k - both before taxes)
3. Submitted Every pay stub recieved from employer w/ letter from Human Resources rep.

Questions I need help with:

1. I am sure my current income definitely meets the 125% pov. guideline, correct? Or due to not having job for too long (~6mo. when submitting AOS paperwork)?
2. My wife and I both have cars w/ ~$4500 auto loans (neither paid off) - Is this something I can state is an asset? If so, what do I need to submit?
3. Is it reasonable to state ~$2,000 in music equiment as assets? if so what supporting documents are needed?
4. I worked during the summers, but did not file taxes due to not making enough, is this a possible problem? If so, they do not mention anything about it?
5. Is there any format that is required when submitting this evidence?

I GREATLY appreciate any help anyone can give me on this... Of course my wife was very distraught when we received the letter... Please help!

I have also retyped the text from the checked box on the I-485

The main part of the document states the following below:

"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/ sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain a joint sponsor.

Assets must equal the stated difference between the petitioner/ sponsor's household income and 125% of the poverty guideline.

• Assets must equal the difference for applicants filing as orphans...... (not applicable)
• Assets must equal three times the difference for a spouse or child of a united states citizen
• Assets must equal five times the difference for all others.

Evidence of assets includes:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/ withdrawal history for the last 12 months, and current balance;
• evidence of ownership and value of stocks bonds.... (not applicable)
• Evidence of ownership and value/equity of other personal property and dates acquired;
• Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor, they will need to file Form I-864.... etc. (trying to not go down this road, but is a possibility) "

Thank you for any information you may be able to provide!

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS, past K1~

[KayDeeCee 4,896]

If you have not filed your 2014 taxes yet, I suggest you do so before responding to the RFE. Then send them a complete copy of your 2014 return with all forms, attachments, schedules, W-2s and/or 1099s, a letter from your employer stating position and salary, plus 6 months recent pay stubs.

I believe the issue was that your job was so new at the time and you had no taxes filed for it, and just sent the few pay stubs you had. You can now show a lot more proof of income since you have worked there about a year now.

[USwGerBride88 0]

Thank you for the quick reply!

I will file my 2014 taxes very soon (today/ tomorrow).

I honestly did not think of filing taxes as a way to help... Much appreciated!

I assume it would still be beneficial to provide bank statements and assets?

[KayDeeCee 4,896]

You can go ahead and provide them, but once you show the 2014 tax return documents and the proof of your current income with employment letter and pay stubs, it is probably not needed. Assets are not needed if you meet the income requirement. To be safe, bank statements can also show how much you have deposited each month, so including them definitely will not hurt.