RFE for items already sent (Non-Earned Income)

[Rich&Ashmani 4]

I just received an RFE today for not providing my latest tax return & the applicant's foreign birth certificate. I already sent those to them in the packet I submit; obviously if they say they did not I just send another. However, the foreign birth certificate was the original one from Guyana, with the stamp/seal, so we do not have another original. We have a few other ones that are also stamped, but they are recent ones so will that matter?

Next issue: I received various forms of confirmation from here and officials that my "Non-Earned Income" is able to be factored into my income for the AOS. It is the same income that was handily approved for the K1 in the first place. All of the official documentation was provided, again, in the packet that proves my "Non-Earned Income" (Disability from injuries overseas) but the RFE says I do not meet the income requirements. My taxable income does not meet the standard (full time student in the National Guard) however, I have substantially more than enough in assets to meet the line just from that, that was also provided. I added a letter explaining all of this in addition to everything else. How do I prove my assets? They are not bonds, ect; I have a collection of antique and new rifles, pistols, suppressors, ect; I also have a camaro that I have put a substantial amount of money into, in addition to my jeep making the camaro an asset because I have the jeep as a primary mode of transportation.

I provided all of my pay stubs (LES) from the military for the entire year, as well as my W2 and 3 years worth of tax returns.

Are they simply not counting anything but my taxable income? Does income work different for the AOS than it does for the initial K1?

I am very worried about my wife's ability to stay here if they are only counting my taxable income because it is not enough.

Edited April 14, 2016 by Rich&Ashmani

[KayDeeCee 4,896]

The date of the certified birth certificate makes no difference. You only need to/should send a copy though, and do not send your originals away.

You need to reach 125% of the poverty level for your household size > https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

If you receive disability, then you need to provide a benefits letter and 12 months worth of bank statements to show the amount of non-taxable income that is received each month. If you receive a 1099 for disability income, such as an SSA1099, then provide a copy of it too. You should add the non-taxable income to your earned income and list the combined total as your current annual income. If you are still short on income, then you can use assets at 3 times the amount you are short. You must provide proof of ownership and value of the assets. You cannot just list them without proof. The I-864 instructions tell you about assets and what you need to provide.

It seems they need a complete copy of your 2015 tax return, which is all forms, schedules, W-2s and/or 1099s.. When they request your most recent tax return, the RFE will also always state you did not reach the 125% requirement. However, if you really do not, then you should find a joint sponsor.

[Daish 46]

You can go to Guyana post office and receive what the consider original birth certificate . Thas the one that should have been sent to begin with because they don't accept birth certificates that are more that 2 years old