RFE on Adjustment of Status I-485

[Mike-eeh and Odie 193]

How is it possible that we receive a request for initial evidence? The USCIS wishes to see my most recent IRS tax return, letter of employment (including dates, years employed and salary), copies of W2 and any assets because we DID NOT MEET THE 125% OF THE POVERTY GUIDELINE FOR THE HOUSEHOLD SIZE???

Here's my bafflement, I submitted the same Affidavit of Support that I used for the application of the I-129F which was accepted. My salary has never changed, so if they accepted the poverty guideline in the middle of the year for her visa, why deny it now when nothing has changed including the guideline? I make well more than what is required.

First off, to qualify for an I-129, you only need 100% over the poverty guidelines. That said, some embassies like the Philippines want to see 125% over the guidelines before the interview, and they don't want to see a squeaky "few" thousand over, they want to see "well" over the 125% mark. If it could get any worse off, The Philippines is one of those embassies that rarely allow co-sponsorship, but it has been done before.

Is this because of the terrorist attack made by the couple in San Bernardino, California, which the wife came over on a I-129F fiance visa? Are they wanting to know more and examine more of the details because of that??

The terrorist attacks in CA have nothing to do with your current lack of required income. Her extensive background checks, however, would come after the interview when she enters administrative processing.

[Rob63 10]

I'm self-employed, I got the same RFE as you. I to was not sure what the problem was because I submitted all the same items during the initial K-1 application.

The problem was they wanted official IRS tax transcripts. So ordered the last 3 years and received them at no charge from the IRS within 10 days.

I sent the IRS tax transcripts along with one years worth of bank statements highlighting all of my deposits throughout the year.

Our EAD was approved on Dec. 22nd, so I am assuming that what I sent was sufficient to prove my income.

Still waiting on the other approval.

[Rob and Eva 0]

Just sent out everything they requested of me in the letter for request of initial evidence. I made copies of everything, took pictures of what I am sending. I mailed it express certified mail. They will have it on Monday. Will let you all know how it goes

[kalbitang 6]

I got a RFE on my I-485 as well. WTH. I followed the guide lines!!.. I am waiting for the letter to see what type of information I am lacking.... what a bummer.

[Rob and Eva 0]

Yes it's a real bummer! It's gotten much more detailed and complicated to apply. I had to do this pre - 9/11 days and every application I sent through was accepted so easily and quickly.

[KayDeeCee 4,896]

If the complete tax return or an IRS transcript are missing, then they will state you don't meet the requirement. It is general RFE letter. The most recent complete return or transcript is a requirement of the I-864. You just need to provide the complete return or IRS transcript, and proof of your current income to prove you meet the requirement. A letter from employer and/or recent pay stubs will work for that.

[Lee&Ana 88]

100% is for fiancé visa. 125% for AOS. Seems cut and dried to me. Either you make 125% for AOS or you don't