RFE question

[Mthldou 45]

Hi y'all! I'm second guessing my RFE response. 

It was received on February 2nd and USCIS updated my status and it is currently under review. 

 

The yellow slip asked the following

-tax returns with W2s and schedules. I had forgotten the W2s the first time. 

I sent all that. 

- wrong household size. I fixed it. 

 

 

Then it said that my sponsor (husband) doesn't meet the income requirements, when he's actually 5,000 over the minimum. 

They asked for assets or joint sponsor. But my husbands income is well enough. 

So i sent 6 months of pay stubs, employment letter which states yearly gross income, and other job info 

I called USCIS about it to make sure, they couldn't tell me much other than to prove that my husband makes enough. 

I also sent W2s for 2016, we hadn't filed yet, but his income for 2016 is over the guidelines so I thoughts it'd be a good idea to send them. 2015 tax returns wasn't enough but 2016 is, and current income is also well over. I printed the 864p with the guidelines on them and highlighted the number that matches our situation 

What do you guys think? Thanks. 

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Edited February 8, 2017 by Mthldou

[Cheezees 1,514]

Could it have been the incorrect household size that put him under the limit?

Edited February 8, 2017 by Cheezees

[Mthldou 45]

Just now, Cheezees said:

Could it have been the incorrect household size that out him under the limit?

 

Just now, Cheezees said:

Could it have been the incorrect household size that out him under the limit?

That's what I'm thinking. Actually, the first time I put size "1" which isn't possible. Our household size is 2 which I corrected so hopefully now that they have the right household size they can match it with the proper income. 

[Suss&Camm 2,213]

9 minutes ago, Mthldou said:

Hi y'all! I'm second guessing my RFE response. 

It was received on February 2nd and USCIS updated my status and it is currently under review. 

 

The yellow slip asked the following

-tax returns with W2s and schedules. I had forgotten the W2s the first time. 

I sent all that. 

- wrong household size. I fixed it. 

 

 

Then it said that my sponsor (husband) doesn't meet the income requirements, when he's actually 5,000 over the minimum. 

They asked for assets or joint sponsor. But my husbands income is well enough. 

So i sent 6 months of pay stubs, employment letter which states yearly gross income, and other job info 

I called USCIS about it to make sure, they couldn't tell me much other than to prove that my husband makes enough. 

I also sent W2s for 2016, we hadn't filed yet, but his income for 2016 is over the guidelines so I thoughts it'd be a good idea to send them. 2015 tax returns wasn't enough but 2016 is, and current income is also well over. I printed the 864p with the guidelines on them and highlighted the number that matches our situation 

What do you guys think? Thanks. 

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If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Edited February 8, 2017 by Suss&Camm

[Mthldou 45]

5 minutes ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Thanks for your response! That was my thoughts as well. I think I sent enough info. Too much is Better than not enough. I put "1" as th household size and they sent me the RFE (makes sense of course) since our household size is 2. 

His income is $25k yearly and the threshold is 20k or just above i believe. Hopefully that's enough for them. 

[Mthldou 45]

23 hours ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

My RFE was received on the 3rd. Case status says RFE received. 

Do you what the next step is? 

Will they send me anything by mail? 

[Mthldou 45]

23 hours ago, Mthldou said:

Thanks for your response! That was my thoughts as well. I think I sent enough info. Too much is Better than not enough. I put "1" as th household size and they sent me the RFE (makes sense of course) since our household size is 2. 

His income is $25k yearly and the threshold is 20k or just above i believe. Hopefully that's enough for them. 

 

23 hours ago, Suss&Camm said:

If anything is not proven or if the household size is bigger than it should that statement is generated as a consequence. It doesn't mean he doesn't make enough. It means it wasn't proven for the current household size. What you sent is more than enough.

Do they look at gross income or net after benefits ? 

[Suss&Camm 2,213]

29 minutes ago, Mthldou said:

My RFE was received on the 3rd. Case status says RFE received. 

Do you what the next step is? 

Will they send me anything by mail? 

Just wait lol sorry

[Suss&Camm 2,213]

20 minutes ago, Mthldou said:

 

Do they look at gross income or net after benefits ? 

 gross income...  

[Mthldou 45]

17 minutes ago, Suss&Camm said:

 gross income...  

Thank you so much! I guess I'll wait and focus on getting my degree   

[Mthldou 45]

On 2/9/2017 at 1:25 PM, Suss&Camm said:

 gross income...  

Would it be a good idea to send 2016 tax return? After sending the RFE response? (They haven't taken action on my case)!

[Scandi 4,166]

On 2/20/2017 at 5:33 PM, Mthldou said:

Would it be a good idea to send 2016 tax return? After sending the RFE response? (They haven't taken action on my case)!

If they send you another RFE about the same issue you can respond with 2016 tax return, otherwise no. 

 

When you get called for an interview you will bring the latest tax return.

[Gwendal 0]

On 2/8/2017 at 11:25 AM, Cheezees said:

Could it have been the incorrect household size that put him under the limit?

Hi!!

so could you update us on what happened please? I am in the same situation, we made a mistake on the household size (left it blank, oups). Received a yellow letter asking to send page 4 of form I-864 again (sending now), Tax Return (sending now), supporting Tax documentation (W2s) (sending now), and evidence of assets because income did not meet 125%.

Basically now that the household size (2) is correctly indicated on the form and since we are sending tax documents again will the income (about 50k) be reevaluated against the poverty guideline (20k for a household size of 2)? So, if I send all of the elements again and omit to provide the last part about the assets, will be be ok this time around or are they expecting this asset evidence anyway?

 

Also, in the new cover letter describing the contents of this small new package should I just omit to mention the assets part or should I explain that I believe the household size of 2 and poverty limit of 20k for an income of 50k does not require us to provide additional assets? I don't want to seem to the officer handling my case that I am some sort of know-it-all but on the other hand I don't want it to look like we forgot to consider one part of the yellow letter..

 

Thanks for your advice, I do not want to hinder my application by omitting to send in something as important as this but it seems redundant now since I corrected the household size..

I hope I'm explaining this clearly enough.. Thanks

Edited March 8, 2017 by Gwendal
Clarity

[Suss&Camm 2,213]

I really wish people would search this forum a bit more before asking the same question which has been answered over and over and over. I really don't mean to be rude in any way. It's just that I seem to write this at least twice per day: The statement that you don't meet 125% of the income requirement, will be indicated ANY time something else is wrong or missing. It is an automatic consequence of not providing all the (or not in the correct way) information/evidence that is asked for. So, IF you know that you are over, then all you need to do is submit the evidence/corrected forms which they are looking for.

 

In addition to that please read and double check i-864 according to this: https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864 (13a-c refered to in the article is from an old form version and is equivalent to19a-c in the current form version)

Edited March 8, 2017 by Suss&Camm

[Gwendal 0]

Thank you so very much!

I apologize for asking a redundant question, but I assure you that I searched the site for a clear answer such as the one you just provided. I couldn't find one (my fault probably) and therefore decided to ask again.. Much obliged.

Regards