RFE and assets question

[iksrazal 1]

I filed our I-485 form on 4/21/17 and yesterday received an RFE. Somehow they didn't accept my income which I didn't expect - I can only guess it was because I am self employed (LLC in Colorado) and lived abroad before our marriage. I sent my 1040 forms and 1099 forms that showed gross income far above the poverty guidelines.

 

Anyways, they did say I can reply with 12 bank statements that show cash assets. My question is about household size and what balance I needed to show for the average, and current balance.

 

I have a 10 year old daughter who lives with her mother in Brazil. I claim her as a dependent but on my 1040 I checked "did not live with you due to divorce or separation" . So I believe my household size is 2, just myself and my wife. 

 

Looks like the poverty guidlines is 125% of $20,000 for our case. I had far more than that in my bank at all times over the last 12 months. What would the average need to be? Just double checking. 

 

The other thing is due to some temporary circumstances and bad luck, my balance hit a 12 month low last month. This month will end much better. I am undecided if I should wait till the beginning of July to respond to the RFE, to show a much higher balance. 

 

Any advice appreciated.  

[iksrazal 1]

1 minute ago, Dee elle said:

for AOS, assets must be 5x the poverty level x 125% if being solely used... 

 

If being used to make up the gap between income and the level, they must be 5 x the gap.

 

Are they requesting bank statements perhaps as proof of the income? Did you use tax transcripts or tax returns when you filed? 

Thanks for the response. 

 

I sent them my tax returns - the 1040's and 1099's for the last 3 years. Should I have sent tax transcripts? 

 

They said: 

 

"Affidavit of Support, for the petitioner/sponsor, the income did not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household side.
"

And then: 

 

"Evidence of assets includes" 

- Bank statements covering the last 12 months

 

If I need 5 x $25,000 in my account then that happened at no period over the last 12 months. On the plus side, I had gross income more than that over the last 3 years.

 

Maybe I just need to send them my tax transcripts and 12 months of bank statements that show a balance over $50K for most of the last 12 months? Or do I really need to have $125,000 in the bank? Would that even help if that balance was only recently reached? 

[geowrian 22,337]

24 minutes ago, Dee elle said:

for AOS, assets must be 5x the poverty level x 125% if being solely used... 

 

If being used to make up the gap between income and the level, they must be 5 x the gap.

It's 3x for sponsoring a spouse of a USC:

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf (p.9)

"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.".

 

3 minutes ago, iksrazal said:

Maybe I just need to send them my tax transcripts and 12 months of bank statements that show a balance over $50K for most of the last 12 months? Or do I really need to have $125,000 in the bank? Would that even help if that balance was only recently reached? 

They rejected the I-864 due to lack of sufficient evidence supporting the information on it. As such, you didn't meet the 125% level. Any mistake or lack of evidence will cause this even if you made well over the income level.

 

Yes, you should provide the 12 months of bank statements as per their request.

[Ebunoluwa 6,136]

As self employed they often send RFE's.
Happened to me too.

On the tax return you go by line 22 income after deductions, not by gross before deductions, so if you took off a lot of deductions

then your income shrinks and it may not meet the requirement, check it out.

I send :
Official tax transcripts from the past 3 years that already have all schedules attached

12 month bank statements as proof of income deposits,not as asset.
My professional state license
Local business license
Business card
Bank letter stating total deposit from the past 12 months deposits and when accounts opened

Business ledger of projected income for the rest of the year
Reason of why I thought my clients will continue to get my services (20 yrs in business etc)

I don't know how to count your household size with your child (my guess is with the child, so 3 but have someone confirm it)

so the household size must fit line 22 on your tax return as income not the gross.
Again send them official transcripts not tax returns.
You can call the IRS and request them in the mail, I got mine about a week later.
Make sure you submit your RFE by the time it is due or you will be denied.
After you check your income to household size you can decide if you want to wait if the income is too low or send it sooner
if it meets the guideline along with your projected income.

 

 

[Ebunoluwa 6,136]

Georwrian is correct, the RFE is a general letter always stating joint sponsor and assets as your options, even if just something minor is missing

of your supporting evidence and even if you make enough and that doesn't mean you have to have a joint sponsor or assets if your line 22

income and projected income is enough. Note: they will accept or not accept your evidence of projected income based on how well you

explain with the supporting evidence I mentioned.

 

I also explained my income, short precise business description and projected income together in a letter.