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AOS November 2016 Filers

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Filed: AOS (pnd) Country: Jamaica
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29 minutes ago, Suss&Camm said:

That's not correct. The current annual income that you enter is supposed to be the anticipated gross income for the year if you are a regular employee that receives a w2. If the sponsor is self-employed it is the anticipated AGI. If you file 1040EZ normally, it is again the anticipated AGI.

On the past year's returns (19a-c), you enter exactly what is on line 22 if regular 1040 and received not self-employed, AGI if self-employed and AGI if it was a 1040EZ.

 

Now, If past income hasn't changed until the current, i.e. no raises or job changes or similar for the sponsor, the amount earned for last years return will be the same as the anticipated income for the current year. BUT again, the anticipated gross income (with exceptions mentioned above).

 

You will get the notice that 125% is not met as the consequence of smth else not being correct, even when the income meets the requirement. There have been tons of these rfe's recently.

I was referring to what would be on line 22 of the tax return. Thx for the information 

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Filed: F-1 Visa Country: France
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13 minutes ago, Suss&Camm said:

Was the rfe that they asked for 2016 return and then said it didn't meet 125%?

They just said his income doesn't meet the 125%. For 2015 it doesn't but for 2016 it does. However, they don't have the 2016 return yet. 

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Just now, PumpkinPatch said:

I was referring to what would be on line 22 of the tax return. Thx for the information 

But that's still not what should be entered as current annual income. What you would anticipate on line 7 is. Simply: current individual income = hourly x  40 x 52 (or however one is paid). The Line 22 is only for 19a-19c

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2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: F-1 Visa Country: France
Timeline
4 minutes ago, Suss&Camm said:

But that's still not what should be entered as current annual income. What you would anticipate on line 7 is. Simply: current individual income = hourly x  40 x 52 (or however one is paid). The Line 22 is only for 19a-19c

We did exactly what you said for annual income and they still say not enough income 

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Just now, Mthldou said:

They just said his income doesn't meet the 125%. For 2015 it doesn't but for 2016 it does. However, they don't have the 2016 return yet. 

Well, with the assumption that you have double checked everything else, then providing a 2016 return plus w2, schedules etc (or transcript as I'm sure you know) that meets the income requirement on line 7 would be enough. To strengthen that this would be the anticipated income also this year, you provide what paystubs you have and employment letter (but I'm thinking you already did that so perhaps just the extra pay stubs since then). If you are over then you are over and no co-sponsor is needed. I'm surprised they didn't ask for the 2016 return. Please do check the common mistakes link I provided... write a short letter explaining what you are providing and how it shows that the 125% income has been met and send along that with the rfe and the rest ofc.

 

He's not self-employed right??

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: F-1 Visa Country: France
Timeline
2 minutes ago, Suss&Camm said:

Well, with the assumption that you have double checked everything else, then providing a 2016 return plus w2, schedules etc (or transcript as I'm sure you know) that meets the income requirement on line 7 would be enough. To strengthen that this would be the anticipated income also this year, you provide what paystubs you have and employment letter (but I'm thinking you already did that so perhaps just the extra pay stubs since then). If you are over then you are over and no co-sponsor is needed. I'm surprised they didn't ask for the 2016 return. Please do check the common mistakes link I provided... write a short letter explaining what you are providing and how it shows that the 125% income has been met and send along that with the rfe and the rest ofc.

 

He's not self-employed right??

Thank you very much for you detailed response. I checked the link. 

I already provided

-10 months worth of pay stubs 

- employment letter which states his yearly gross income 

-2016 W2s from his new job 

 

and they sent me a new RFE just last week saying I need assets/joint sponsor. 

Since then I have a filed tax return 2016 which shows his AGI (way over the guidelines still) 

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Filed: AOS (pnd) Country: Jamaica
Timeline
17 minutes ago, Suss&Camm said:

But that's still not what should be entered as current annual income. What you would anticipate on line 7 is. Simply: current individual income = hourly x  40 x 52 (or however one is paid). The Line 22 is only for 19a-19c

 

17 minutes ago, Suss&Camm said:

But that's still not what should be entered as current annual income. What you would anticipate on line 7 is. Simply: current individual income = hourly x  40 x 52 (or however one is paid). The Line 22 is only for 19a-19c

No I wasn't telling her what to put on the form I was referring to what they are looking for to be above the amount on the poverty guideline form. Thanks for your input and correction. Was just giving information from my experience.

Edited by PumpkinPatch
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2 minutes ago, Mthldou said:

We did exactly what you said for annual income and they still say not enough income 

 

2 minutes ago, Mthldou said:

Thank you very much for you detailed response. I checked the link. 

I already provided

-10 months worth of pay stubs 

- employment letter which states his yearly gross income 

-2016 W2s from his new job 

 

and they sent me a new RFE just last week saying I need assets/joint sponsor. 

Since then I have a filed tax return 2016 which shows his AGI (way over the guidelines still) 

The pay stubs you sent along did they have "year-to-date" earnings on them?

Well, you should never send only w2's without the return. That will be an incomplete tax return.  I believe I read they reject that.

 

The evidence of the 2016 return, and the other things I said should do it.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: F-1 Visa Country: France
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Just now, Suss&Camm said:

 

The pay stubs you sent along did they have "year-to-date" earnings on them?

Well, you should never send only w2's without the return. That will be an incomplete tax return.  I believe I read they reject that.

 

The evidence of the 2016 return, and the other things I said should do it.

His pay stubs showed a year to date yes but only since April so it wasn't a full year of income. However his 2016 returns show enough because of his new job plus his previous job when he was a student. 

My mistake with the W2s alone. 

I just hope the 2016 returns plus job evidence will be enough for them not to deny me. 

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2 minutes ago, PumpkinPatch said:

 

No I wasn't telling her what to put on the form I was referring to what they are looking for to be above the amount on the poverty guideline form. Thanks for your input and correction. Was just giving information from my experience.

That's what I'm saying. The income they look at to meet the poverty line is the current annual household income - i.e. what I described, anticipated on line 7.

 

From page 5 of the form: "My current Annual Household Income (Total all lines [....] The total will be compared to Federal Poverty Guidelines"

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: F-1 Visa Country: France
Timeline

@Suss&Camm the year to date not matching the annual income is probably what's wrong. So therefore, I don't have paychecks reflecting "year to date" since the new year started. So I'm out of luck here expect for the employment letter and 2016 return. I'm on thin ice 

Edited by Mthldou
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5 minutes ago, Mthldou said:

His pay stubs showed a year to date yes but only since April so it wasn't a full year of income. However his 2016 returns show enough because of his new job plus his previous job when he was a student. 

My mistake with the W2s alone. 

I just hope the 2016 returns plus job evidence will be enough for them not to deny me. 

It should, just also send along all the new pay stubs you have.. write a letter.. highlight the number on the tax form and make a reference to the highlighted number. If you want, even do a calculation based on his current pay stubs.

 

Wait... he got a new job? when?

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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1 minute ago, Mthldou said:

@Suss&Camm the year to date not matching the annual income is probably what's wrong. 

It should match yes, if that's what you put for 2016, but still send everything we discussed.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: F-1 Visa Country: France
Timeline
1 minute ago, Suss&Camm said:

It should, just also send along all the new pay stubs you have.. write a letter.. highlight the number on the tax form and make a reference to the highlighted number. If you want, even do a calculation based on his current pay stubs.

 

Wait... he got a new job? when?

He got a new job in April 2016. His current job. 

 

I have already done all that with the first RFE. With the employment letter with the yearly gross income like you mentioned earlier but nope still not good enough 

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Yeah, when it's at the end of the year... you can't anticipate the annual income based on a new job's salary.. it has to be realistic :) with what you actually anticipate... at the end of the year it's fairly easy to see what the it will be close to.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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