April 2016 AOS Filers

[aANDg 22]

So - I received an RFE for my I-485 today, it's dated April 29th so that's late AF lol.

There's two boxes checked on the letter:

- Submit all supporting tax documentation submitted to the IRS for the most recent tax year (as we filed BEFORE April 15 we included 2014 as the most recent tax year, I guess that didn't fly?)

- Based on the documents submitted on the I-864 the petitioner does not meet 125% of the poverty guideline for the household size.

I've gone over my copy of the AOS packet I submitted and I have NO clue why they don't believe my husband meets the poverty guideline - even if we submitted for tax year 2014 - and I'm hoping you guys can help me solve this!

First I checked what I put in the household size which was correct, I put a household size of 2. Then I checked the poverty guidelines where the petitioner has to meet 125% which for a household size of 2 is $20,025. My husband made $50,974 in 2014 and actually made more in 2015 so how can he NOT meet the guideline ??

With the I-864 we even include 3 years worth of tax returns even though it was optional. His lowest income was in 2012 but even THEN he was way above the current minimum!

We didn't include assets (his house and such) as we - again - believe he was above the 125%

I also double-checked the 6 paystubs we submitted these even reflects his new salary and they're way above the 125% they're asking for when you add it up to a full years worth.

SO, I'm unsure about how to respond to this RFE. Obviously we will send in whatever needed from the IRS in regards to tax year 2015 but what do we do in regards to the statement about him not meeting the poverty guidelines?

Underneath the box checked it says "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".

I guess we could have one of his family members be a joint sponsor BUT he DOES meet the guidelines so what to do here ?? Send back a new I-864 with the already sent info but only include the newest tax year (2015)?

That's weird.. Have you sent paystubs, employment letter into your AOS docs?

[Sticky 21]

I think all these forms are plug and print. The examiners enter the number into a screen and the computer does the work. Some are even scanned in. So if there is a box for 2015 on the screen and he did not report anything yet for that year the computer that is too smart for common sense would enter it as 0$ and that does not meet the 125%. It spits out a letter and mails it. No human involved. I would just redo the 864 and use the 2015 return this time.

[Moslund 94]

I think all these forms are plug and print. The examiners enter the number into a screen and the computer does the work. Some are even scanned in. So if there is a box for 2015 on the screen and he did not report anything yet for that year the computer that is too smart for common sense would enter it as 0$ and that does not meet the 125%. It spits out a letter and mails it. No human involved. I would just redo the 864 and use the 2015 return this time.

If that's true how they do things then that makes sence how ckibs got the RFE

[pk4690 18]

So - I received an RFE for my I-485 today, it's dated April 29th so that's late AF lol.

There's two boxes checked on the letter:

- Submit all supporting tax documentation submitted to the IRS for the most recent tax year (as we filed BEFORE April 15 we included 2014 as the most recent tax year, I guess that didn't fly?)

- Based on the documents submitted on the I-864 the petitioner does not meet 125% of the poverty guideline for the household size.

I've gone over my copy of the AOS packet I submitted and I have NO clue why they don't believe my husband meets the poverty guideline - even if we submitted for tax year 2014 - and I'm hoping you guys can help me solve this!

First I checked what I put in the household size which was correct, I put a household size of 2. Then I checked the poverty guidelines where the petitioner has to meet 125% which for a household size of 2 is $20,025. My husband made $50,974 in 2014 and actually made more in 2015 so how can he NOT meet the guideline ??

With the I-864 we even include 3 years worth of tax returns even though it was optional. His lowest income was in 2012 but even THEN he was way above the current minimum!

We didn't include assets (his house and such) as we - again - believe he was above the 125%

I also double-checked the 6 paystubs we submitted these even reflects his new salary and they're way above the 125% they're asking for when you add it up to a full years worth.

SO, I'm unsure about how to respond to this RFE. Obviously we will send in whatever needed from the IRS in regards to tax year 2015 but what do we do in regards to the statement about him not meeting the poverty guidelines?

Underneath the box checked it says "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".

I guess we could have one of his family members be a joint sponsor BUT he DOES meet the guidelines so what to do here ?? Send back a new I-864 with the already sent info but only include the newest tax year (2015)?

This sucks so much, I'm sorry to hear it. Nervous that I'll be hearing soon about one, as my bio appt was about the same date as yours. Keeping my fingers crossed for a quick resolution to your RFE.

[gpiper 77]

This isn't the first time I have heard of an RFE for people earning above £50k for a household of 2 or 3 people. It just seems crazy and makes no sense. Surely USCIS can see when these notices are generated that they are non sensical.

I too feared that mine would insist on me providing a co sponsor even though my wife earns well in excess of the lower threshold. Mine was a different error (blank cells). However we did submit the 2015 return.

There is no way human eyes have seen the documentary evidence in your case as it would be clear from tax returns and pay stubs that your husband was well over the guidelines.

Maybe a call to them is your first option just to clarify and that it seems rather convoluted to request a co sponsor in these circumstances. You know there will be other applications with incomes in the mid 30's or lower that will be perfectly acceptable!

Just unfair when it's you that gets caught out!

Edited May 7, 2016 by gpiper

[Da&De 23]

So - I received an RFE for my I-485 today, it's dated April 29th so that's late AF lol.

There's two boxes checked on the letter:

- Submit all supporting tax documentation submitted to the IRS for the most recent tax year (as we filed BEFORE April 15 we included 2014 as the most recent tax year, I guess that didn't fly?)

- Based on the documents submitted on the I-864 the petitioner does not meet 125% of the poverty guideline for the household size.

I've gone over my copy of the AOS packet I submitted and I have NO clue why they don't believe my husband meets the poverty guideline - even if we submitted for tax year 2014 - and I'm hoping you guys can help me solve this!

First I checked what I put in the household size which was correct, I put a household size of 2. Then I checked the poverty guidelines where the petitioner has to meet 125% which for a household size of 2 is $20,025. My husband made $50,974 in 2014 and actually made more in 2015 so how can he NOT meet the guideline ??

With the I-864 we even include 3 years worth of tax returns even though it was optional. His lowest income was in 2012 but even THEN he was way above the current minimum!

We didn't include assets (his house and such) as we - again - believe he was above the 125%

I also double-checked the 6 paystubs we submitted these even reflects his new salary and they're way above the 125% they're asking for when you add it up to a full years worth.

SO, I'm unsure about how to respond to this RFE. Obviously we will send in whatever needed from the IRS in regards to tax year 2015 but what do we do in regards to the statement about him not meeting the poverty guidelines?

Underneath the box checked it says "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".

I guess we could have one of his family members be a joint sponsor BUT he DOES meet the guidelines so what to do here ?? Send back a new I-864 with the already sent info but only include the newest tax year (2015)?

A friend of mine also got a RFE for i-864, but her husband did NOT meet the requirements.

I also think that you should call USCIS, but the problem is that (from my own experience) every officer you will talk to will tell you different things!

So, here are some tips as for how to speak to them:

get ready before you call as for what exact questions you want to ask and want to be answered directly.

cause sometimes their answer for your first question may be misleading and you forget that you actually wanted to ask more. Moreover, they are representative of customer service, which makes their language specific, like... when talking to you they will definitely repeat what you said to them to make sure they got you right or to fill up the silent pauses. and there're a lot of words, so again you may be misled.

when you are transferred to the second tier, ASK THEM TO TELL YOU their agent number and name, which is important, cause as long as they know that you have it written somewhere, they will definitely pay more attention to what you say and be more responsible answering your questions.

and you may also tell them "so, as i understood, I may ...... (repeat what they told you to do how YOU understood it) and I can write your agent number in the covering letter to my documents"

If they are uncertain, just ask to speak to the supervisor.

Hope it helps!

And i'm sure it's just a mistake... but it shouldn't be ignored, cause i guess the sooner you reply to this RFE, the sooner they will proceed with your case.

Anyways good luck!

My fingers are crossed for you!

[gpiper 77]

Some very good points for us all Daryn (hope I spelt ir right).

You never know when we might need to call the dreaded phone number and your experiences dealing with them certainly is a lesson for us all to take on.

Thanks and keep the tips coming in people.

[Moslund 94]

This isn't the first time I have heard of an RFE for people earning above £50k for a household of 2 or 3 people. It just seems crazy and makes no sense. Surely USCIS can see when these notices are generated that they are non sensical.

That's a load of of BS people over 50k being required to provide more proof... My husband earned 54k in 2015 we submitted last 3years tax returns (2013/14 and 2015) a letter from his employer who he's been there for 12years now, last 3months pay stubs and submitted last 6months of bank statements... If I get a RFE for not meeting the minimum requirements I'm gonna be so pissed cause I can't submit any more proof... On the flip side my father in law would be our sponser who makes 200k so were covered either way but that's not the point

Edited May 7, 2016 by Moslund

[Da&De 23]

Some very good points for us all Daryn (hope I spelt ir right).

You never know when we might need to call the dreaded phone number and your experiences dealing with them certainly is a lesson for us all to take on.

Thanks and keep the tips coming in people.

It's Darya

[shrb 5]

Hi Everybody!

I just returned home after our very little honeymoon and found the NOA copies on our mailbox... Now waiting for the biometrics letter.

Very happy to see that many cases made progress this week, for bad or good, progress is progress!!!

Sad to hear about the RFEs around. Hope those resolve soon!!!

Have a good weekend!!!

-s

[Da&De 23]

That's a load of of BS people over 50k being required to provide more proof... My husband earned 54k in 2015 we submitted last 3years tax returns (2013/14 and 2015) a letter from his employer who he's been there for 12years now, last 3months pay stubs and submitted last 6months of bank statements... If I get a RFE for not meeting the minimum requirements I'm gonna be so pissed cause I can't submit any more proof... On the flip side my father in law would be our sponser who makes 200k so were covered either way but that's not the point

My husband makes 75 thousand according to W-2. And actually we only submitted his W-2 and joint tax return document for 2015 and that's it. No pay stubs, no letters from the employer, nothing... I'm getting worried.

[Moslund 94]

My husband makes 75 thousand according to W-2. And actually we only submitted his W-2 and joint tax return document for 2015 and that's it. No pay stubs, no letters from the employer, nothing... I'm getting worried.

Letter and pay stubs weren't necasery we just gave them them anyway... But I think you had to submit last 3years taxes regardless if you were on them or not... I think the bank statements was a requirement also But I'm not sure Edited May 7, 2016 by Moslund

[ckibs 52]

Thank you for all of your responses! That helps It's definitely a bump in the road however I will be calling them on Monday, I checked the mail box too late today so they were unfortunately already closed when I attempted to do so.

And yes, we did include employment letter and paystubs - everything that was required.

It makes sense if it really is a computer going over the initial I-864 and it failed to find a box checked as 2015 however I'm assuming a lot of people will be getting RFEs then since we filed right before the tax year was up!-Of course I hope that's not the case!

We will be requesting his newest IRS tax transcript and only submit that in our response. I'm assuming we'll have to fill out a completely new I-864? We'll also include several paystubs as we only submitted "the minimum". I'm also thinking about including 12 months of bank statements, this is suggested in the RFE letter.

It has been suggested to add a joint sponsor however I'm feeling stubborn about this as there's absolutely no need to do so lol.

Anyways, I'll call them on Monday and keep you guys posted We have 87 days from the letters date to respond but obviously this will be sent in as soon as we can get our hands on his IRS transcript! I read somewhere that an RFE on the I-485 actually holds up the EAD? I hope that's not the case and didn't think it would..

Ps. My case status on the USCIS has not been updated since the 04/04/16 so it's definitely not working at the moment lol

[ckibs 52]

Letter and pay stubs weren't necasery we just gave them them anyway... But I think you had to submit last 3years taxes regardless if you were on them or not... I think the bank statements was a requirement also But I'm not sure

It's only mandatory to send in the most recent tax transcript. 3 years worth is optional

[Da&De 23]

Letter and pay stubs weren't necasery we just gave them them anyway... But I think you had to submit last 3years taxes regardless if you were on them or not... I think the bank statements was a requirement also But I'm not sure

well as i understood it it says that you must submit only the most recent tax return and for 2 more years is optional

and everything else is optional.. at least that's how we understood it and that's why we just submitted that