RFE for I-485 advice

[imcoming 21]

So we had our first ever RFE, with USCIS saying we have not met the 125% income requirements.

We knew this, we were around $1000 short, but supplied evidence of petitioner and intending immigrant savings that

were well over the 5 X the difference, so thought all would be ok.

However, it seems USCIS require statements covering the last 12 months as "Statements will be averaged over a 12 month period".

To my knowledge it doesn't say in the instructions that the assets have to be over a 12 month period, has anyone experienced this?

I (the alien) included savings records that covered the last 8 years (which alone is 5 X the difference)! But does this not count, it says in the instructions that immigrant assets count?

Anyway, I'm thinking screw it and beg the mother in-law to become joint sponsor (which i'd ideally like to avoid!)

Anyone had any similar problems, i mean with this assets issue, not mother in-laws....

[Nich-Nick 3,354]

Are you saying you don't have 12 consecutive statements that show at least 3x$1000 shortage?

[imcoming 21]

So my wife's statements (the sponsor) over the past year alone I don't think are enough, i.e. she did not have a $5000 or more average over the last 12 months, even though now she does as i have transferred my savings over. USCIS have my statements over the past 12 months but as we got an RFE i presume it has to be the sponsor.

[Nich-Nick 3,354]

So my wife's statements (the sponsor) over the past year alone I don't think are enough, i.e. she did not have a $5000 or more average over the last 12 months, even though now she does as i have transferred my savings over. USCIS have my statements over the past 12 months but as we got an RFE i presume it has to be the sponsor.

For your wife, it would be $3000. See instructions--

(Page 9) " However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. "

You could also show 12 months from her and 12 months from your UK account. They would be combined.

(page 8) "If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement."

I think the problem may be that they simply want to see 12 consecutive months from each of you as documentation.

Edited July 14, 2015 by Nich-Nick

[imcoming 21]

For your wife, it would be $3000. See instructions--

(Page 9) " However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. "

You could also show 12 months from her and 12 months from your UK account. They would be combined.

(page 8) "If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement."

I think the problem may be that they simply want to see 12 consecutive months from each of you as documentation.

Ok thanks Nich-Nick i think you're right, it may just be we didn't include 12 months of my wife's statements, only mine, as that was the account that had the majority of the savings, but USCIS as you say may simply want to see hers too. Thanks for the advice!

[Nich-Nick 3,354]

Ok thanks Nich-Nick i think you're right, it may just be we didn't include 12 months of my wife's statements, only mine, as that was the account that had the majority of the savings, but USCIS as you say may simply want to see hers too. Thanks for the advice!

I think if your wife claimed assets in Part 7 #1, then they must see documentation of those assets. Maybe you added a bunch to the same account so they are checking it out further and want to do a 12 month average...you know just to make sure she didn't borrow enough to look good, then give it back to Daddy. I believe if you will carefully document yours since July 2014 to present and hers as well, they should be satisfied. Or dating from when you submitted.

Make a spreadsheet to connect the dots for them and facilitate their understanding, especially if you transferred to her at some point. Show your monthly ending balance in $$$. I would actually write it in in red pen on a photocopy of the statement. "Equals $xxxx.xx US dollars". I always highlighted and made red notes on my evidence submissions to point out what I was trying to show.

Edited July 15, 2015 by Nich-Nick