I-184 - RFE because of one income box? Help!

[Rippchen 0]

Hi all,

 

My husband (German citizen) and I (US citizen) submitted his AOS packet and EAD application together on January 20th. He had his biometrics exam on February 16th. Today, February 20th, we received an RFE letter dated February 14th requiring additional evidence that I, his sponsor, have sufficient means to support him. We're a little confused and are hoping you all can shed some light on a couple of our questions. First, some more detail:

 

We submitted the following information on the I-864 packet:

 

1. My fiscal year 2016 W-2 form showing that I make more than the 125% minimum.

2. IRS tax transcripts from 2015, 2014, and 2013. During 2015 and 2013, I only worked half of each year (starting new jobs) and thus earned below the 125% minimum, but have held my current job since June of 2015 and continue to earn above the 125% minimum annually.

 

For the I-384 in the K-1 VISA packet, we included these tax transcripts as well as a letter from my employer confirming my ongoing salary and employment, as well as certified statements from my bank affirming my savings totals, just for good measure. This information would have been included in all the information evaluated at the I-864 stage.

 

In reviewing our copy of our submitted I-864 packet tonight, we saw that although my annual income for 2016 is written in Part 6 Item 2 (Current Individual Income), we forgot to write it in Part 6 Item 15 (Current Annual Household Income). Could this be the reason we received an RFE? All of our supporting documentation seems to be in order, my annual income is verifiably above the minimum, and all evidence submitted supports an ongoing source of income and substantial savings just in case.

 

Our Questions:

1. Can omitting the amount this one box really be the cause of our RFE? Are these read by a computer?

2. If so, what information do you all think is required to remedy the RFE? Just another I-864 with all boxes properly complete and the same 2016 W2 and prior year tax transcripts? More?

3. Does this RFE inhibit the EAD? My husband had his biometrics exam seemingly two days after the RFE was issued to us via mail. I've read varying stories online saying that sometimes the RFE affects the EAD, sometimes the EAD doesn't get processed until RFE response documents are received, sometimes it has no effect, etc.

4. Would you advise getting updated financial support documents to submit with the RFE such as another letter from my employer, six months of pay stubs, updated bank savings documents, etc? Or would these be overkill given that my W2 shows that I exceed the 125% minimum? Should I file my taxes for 2016 and include my tax return for this year even though they've already seen my W2?

 

Thank you all very much in advance for your insight. We are so ready to be done with this process and really appreciate you all for what help you've given us so far.

[ljroul 14]

I also received an RFIE for my affidavit of support, even though my salary is more than the required amount. I can't answer your question about the boxes, but I can say that in my response back I included my last 6 months of paystubs, a letter from my employer that was very specific to the requirements listed in the RFIE letter, and my taxes from the previous year. Also, we responded to the RFIE within 10 days of receiving it and my husband got his EAD approved 71 days after filing (well within the 90 day estimate). Not to say that this will happen in all cases (there are other stories on this forum of EADs coming after 90 days with RFEs) but it's good to know that at least one recent example it didn't affect the processing time. Good Luck! 

[aleac 75]

Hi Rippchen,

 

I'm also a "Newbie", but I'm pretty sure the moderator will ask you to complete your timeline.

I'm in a very similar situation as yours, even the dates are exactly the same. 

 

My joint sponsor makes WAY more the poverty line and they still say the she doesn't meet the requirements. 

The IRS tax return and W2 for 2015, 2014 and 2013 were sent, but they still asked for them.

 

So any help from any of the experienced ones will be appreciated!