AOS November 2016 Filers

[Wes&Charlotte 4]

On 2/16/2017 at 10:55 AM, Kestutis said:

 

We have same situation.

I've received RFIE for I-485 (e-notification)  yesterday and waiting for mail.

I do not know what they exactly want, (maybe Medical exam and vaccination form)

Actually we expected  this RFE from USCIS (because we did not submit Medic exam together with I-485) and will be able to submit I-693 before interview.

 

OK so the RFIE was about the affidavit of support.  Really frustrating since they had all this info for K-1.  Basically my husband's income did not meet 125% poverty line in 2015 as he was still in school but in 2016 he has surpassed that.  Even though it's asking for bank statements, I'm hoping that by submitting 2016 tax return as well, we should be good.  Any thoughts? anyone else receive similar?

[Chardon Ne' 71]

54 minutes ago, Wes&Charlotte said:

OK so the RFIE was about the affidavit of support.  Really frustrating since they had all this info for K-1.  Basically my husband's income did not meet 125% poverty line in 2015 as he was still in school but in 2016 he has surpassed that.  Even though it's asking for bank statements, I'm hoping that by submitting 2016 tax return as well, we should be good.  Any thoughts? anyone else receive similar?

I sent a letter from my employer of current income and 3 months worth of paystubs as well. 

[Suss&Camm 2,213]

1 hour ago, Wes&Charlotte said:

OK so the RFIE was about the affidavit of support.  Really frustrating since they had all this info for K-1.  Basically my husband's income did not meet 125% poverty line in 2015 as he was still in school but in 2016 he has surpassed that.  Even though it's asking for bank statements, I'm hoping that by submitting 2016 tax return as well, we should be good.  Any thoughts? anyone else receive similar?

Is that the only thing the RFIE said? Cause normally that statement comes after and due to another problem when you actually do meet the requirements. Either you would have failed to prove the income or made a mistake on the household size.

[Wes&Charlotte 4]

21 minutes ago, Suss&Camm said:

Is that the only thing the RFIE said? Cause normally that statement comes after and due to another problem when you actually do meet the requirements. Either you would have failed to prove the income or made a mistake on the household size.

Yes, just that.   So he fell about $2000 short on 2015 income but for 2016 was about $6000 over.  I'm hoping that they will just now look at 2016 tax return and be satisfied.  If not, then his assets will get us to the 125% of FPG (as they require you to have 3 times the amount if using assets to make up the difference - so if we are going off the $2000 figure then we would have to prove at least $6000 in assets.)...Thats my understanding of it, but I might have it all wrong!  I just checked the original form, Household size (part 5 Q8) read 2 people, which is correct.

[Suss&Camm 2,213]

7 minutes ago, Wes&Charlotte said:

Yes, just that.   So he fell about $2000 short on 2015 income but for 2016 was about $6000 over.  I'm hoping that they will just now look at 2016 tax return and be satisfied.  If not, then his assets will get us to the 125% of FPG (as they require you to have 3 times the amount if using assets to make up the difference - so if we are going off the $2000 figure then we would have to prove at least $6000 in assets.)...Thats my understanding of it, but I might have it all wrong!  I just checked the original form, Household size (part 5 Q8) read 2 people, which is correct.

huh! ... and it said nothing about providing all tax documents and similar before that either?? Just the not meeting income?? and not self-employed? First time I've seen that in that case... they are supposed to go by current income.. I'm aware that prior returns can play a role if you made hardly anything and you didn't have enough evidence of the current income.. but I've yet to see this one... that sucks and I hope it doesn't happen to us as well then. We were also under for the 2015 return.

Edited February 19, 2017 by Suss&Camm

[Suss&Camm 2,213]

and to answer your question... you should def be good with the 2016 return... but you should have been good before that! 

[Suss&Camm 2,213]

What evidence did you submit?

[Wes&Charlotte 4]

9 hours ago, Suss&Camm said:

What evidence did you submit?

Initially is 2015 tax return and some recent (oct 2016) payslips.  I can't mail till Tues as its a holiday but I will try calling to check why and what to send before I send it.

[Suss&Camm 2,213]

2 hours ago, Wes&Charlotte said:

Initially is 2015 tax return and some recent (oct 2016) payslips.  I can't mail till Tues as its a holiday but I will try calling to check why and what to send before I send it.

Well in that case it sounds like you either didn't send enough proof of current income or that you should have included the w2. SInce the tax return 2016 is not included and only some recent paystubs it would be hard to evaluate what your income for 2017 will be and if your current income is going to continue and I have seen more rfe's where ppl sent transcripts but not w2's. That's just my guess. I would have sent along a letter of employment and rfe and perhaps the current 1040/w2. 

[Chardon Ne' 71]

The current tax year in 2016 was 2015 so if u dont meet the minimum required for that, then the way to prove ur current income with a letter from ur employer of what ur current salary is and when u started working. Paystubs alone will not do the trick as they only provide a snapshot. I didnt meet income and i sent 3 months worth of paystubs and a letter from my employer and no rfe. 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Edited February 19, 2017 by Chardon Ne'

[Rc123rc 528]

The affidavit of support requirement and proof can be a little tricky. If you file an I-864 in the year of 2016 then the current tax year will be 2015 as the previous poster said. It has to be latest full tax year that you actually filed taxes and can get a transcript for is what I am thinking. That means, a potential failure for proving adequate support without additional assets to make up the difference. Consequently, for 2016, a complete history of pay stubs and an employment verification letter would have to be submitted. Even though an employment verification letter is sent it still might not be enough if your pay stubs include overtime. USCIS might only consider base pay average hours worked and extend that to the rest of the year to figure out if you are going to make enough. Overtime is not guaranteed. This is some guesswork on my part but working in finance related positions for 30+ years and doing my own taxes, you get a feel for what might be allowable or not. In the case of I-864s I would rather have too much evidence then not enough to help them make up their minds. I get worried for people on here that are close to the poverty line. It gives USCIS too many chances to generate an RFE. 

[thrashunreal 20]

Received EAD/Advance Parole card by priority mail yesterday! Now to wait for the interview.

 

Has anyone who came here on a K1 had their interview scheduled yet?

[Chardon Ne' 71]

2 hours ago, rcripps said:

The affidavit of support requirement and proof can be a little tricky. If you file an I-864 in the year of 2016 then the current tax year will be 2015 as the previous poster said. It has to be latest full tax year that you actually filed taxes and can get a transcript for is what I am thinking. That means, a potential failure for proving adequate support without additional assets to make up the difference. Consequently, for 2016, a complete history of pay stubs and an employment verification letter would have to be submitted. Even though an employment verification letter is sent it still might not be enough if your pay stubs include overtime. USCIS might only consider base pay average hours worked and extend that to the rest of the year to figure out if you are going to make enough. Overtime is not guaranteed. This is some guesswork on my part but working in finance related positions for 30+ years and doing my own taxes, you get a feel for what might be allowable or not. In the case of I-864s I would rather have too much evidence then not enough to help them make up their minds. I get worried for people on here that are close to the poverty line. It gives USCIS too many chances to generate an RFE. 

I honestly do not think they will even bother to do the math to make the calculation which may be what happened to OP. They just want to look verify and move on. The letter lets them see what u make annually and the paystubs show what it amounts to on a monthly basis without them having to think too much.

[Rc123rc 528]

7 minutes ago, Chardon Ne' said:

I honestly do not think they will even bother to do the math to make the calculation which may be what happened to OP. They just want to look verify and move on. The letter lets them see what u make annually and the paystubs show what it amounts to on a monthly basis without them having to think too much.

I would tend to agree with you but I have seen stranger things. With such close scrutiny happening with immigration now anything is possible. Some overeager person at USCIS might decide that if you are too close to the poverty line then maybe you're not the right person for the United States and make you jump hoops to prove it. Or, like us, someone lost a couple of documents and decided to blame it on us and give us an RFE. I know they had the documents they wanted and the names on them were accurate because it was part of the package we sent. We had 4 exact sets of the same package and I took pictures of the actual documents sent for backup and proof. Like I said, I tend to agree with you but with USCIS, anything is possible. 

[naomil 29]

Day 105 ....I feel like I'm at a desert .  Anyway, sent response to RFE, they will get it today.  

 

Congrats to everyone!, and hang tight those who are still waiting !