I-485 RFE please help!

[Acciocormeum 1]

Hey everyone! 

I recently applied to AOS from a K1 visa. My husband and I married and sent off the forms within the 90 day period, we had absolutely no problems from the beginning up until now.

We received the dreaded red letter through the post the other day  so I have a few questions, because obviously this is pretty serious, and I'm confused. (See photos attached)

1. It says how my husband meets the minimum income requirements, and then it says on another page that he did not. (We checked before sending them off and he's like 3,000-5,000 above the poverty guidelines.)

2. My husband doesn't have all tax documents for the past year. He was in England from 2014-2016 and has only been back in America for 1 year, next month. We included pay stubs and a couple tax returns, if I remember correctly, and that was it... will they need more evidence?

3. We had his father as an affadavit of support for my K1 visa and everything was fine there. However we didn't include an affadavit of support for the AOS.  Do we need him again, seeing as we cannot provide all tax documents?

4. Will this stop the processing of my employment authorisation card?

 

I'm not entirely sure what they're asking for, because they haven't been very clear... Anything to calm my nerves right now would be great  thanks xo

[TamaraN 72]

5 minutes ago, adanielle394 said:

Hey everyone! 

I recently applied to AOS from a K1 visa. My husband and I married and sent off the forms within the 90 day period, we had absolutely no problems from the beginning up until now.

We received the dreaded red letter through the post the other day  so I have a few questions, because obviously this is pretty serious, and I'm confused. (See photos attached)

1. It says how my husband meets the minimum income requirements, and then it says on another page that he did not. (We checked before sending them off and he's like 3,000-5,000 above the poverty guidelines.)

2. My husband doesn't have all tax documents for the past year. He was in England from 2014-2016 and has only been back in America for 1 year, next month. We included pay stubs and a couple tax returns, if I remember correctly, and that was it... will they need more evidence?

3. We had his father as an affadavit of support for my K1 visa and everything was fine there. However we didn't include an affadavit of support for the AOS.  Do we need him again, seeing as we cannot provide all tax documents?

4. Will this stop the processing of my employment authorisation card?

 

I'm not entirely sure what they're asking for, because they haven't been very clear... Anything to calm my nerves right now would be great  thanks xo

Are you sure he meets 125% of the poverty line in 2016-2017? 

 

According to the RFE, the income amount was not met. 

 

For two people, I believe it’s 20,025. 

 

You said you sent tax returns and pay stubs. I believe tax transcripts are preferred. You can get them in about 5 minutes on the IRS website.

 

 

If he does meet the income requirements I would have him print his tax transcripts showing he meets the income requirements. I would also get a letter from his employer stating that his position is permanent and what his salary is etc. and include that. Also, include any assets he owns if you would like.

 

Make sure you are calculating the income requirement based on how many people live in your household. If he doesn’t meet the income requirements then yes, use a sponsor again and have them also fill out an support document and provide the required evidence. 

 

I am curious why you guys used a sponsor for the k-1 visa but didn’t use one for AOS? If he didn’t meet the income for the k-1 visa, how does he make it for AOS 90 days later???

 

 

 

 

[Ebunoluwa 6,136]

They generally say the income didn't meet the guidelines  because you couldn't prove it does with what they request as proof.
W2, pay stubs, employer letter, tax transcripts (tax returns ok but transcripts preferred) are standard in what they want.
If you lack the last year taxes then explain why in a letter but you may be at risk of denial unless they send you a second RFE if that's
not good enough for them.
The question is what exactly did you send in ? Compare it to what is lacking. I don't know what you mean by you don't have all tax documents.
All schedules need to be attached to the tax return but are already attached/included if you order the transcripts.

[Acciocormeum 1]

On 16/10/2017 at 11:07 AM, Ebunoluwa said:

They generally say the income didn't meet the guidelines  because you couldn't prove it does with what they request as proof.
W2, pay stubs, employer letter, tax transcripts (tax returns ok but transcripts preferred) are standard in what they want.
If you lack the last year taxes then explain why in a letter but you may be at risk of denial unless they send you a second RFE if that's
not good enough for them.
The question is what exactly did you send in ? Compare it to what is lacking. I don't know what you mean by you don't have all tax documents.
All schedules need to be attached to the tax return but are already attached/included if you order the transcripts.

We sent in my husbands tax returns etc but the most recent ones we had was for 2014-2015, and his pay stubs, and a recent employment letter. He only got home from a year and a half in England November of last year and he only got his job February of this year. So he hadn't been back in the country for a year yet and he hasn't even had his current job for a year yet. He earns 22,800 a year roughly without taxes. So we're sending in an affadavit of support, the same person we used for my K1 visa that helped us then. I guess it was more of thinking we were ok, because we are meeting the minimum poverty income (I guess it's because we are pretty close to the line that they questioned it?) and we also was told by a lawyer that 'as long as we meet the minimum it won't be necessary to send in all tax documents' and obviously, they were wrong. So we're hoping the affadavit of support who helped us the previous time will also work now? I mean he meets the minimum income requirement currently but not if you added us into that. But they probably add my husbands wage to that as well? Plus he has all the tax documents required of the most recent tax year. We're planning on sending that in before the month is over.

On 15/10/2017 at 6:59 PM, TamaraN said:

Are you sure he meets 125% of the poverty line in 2016-2017? 

 

According to the RFE, the income amount was not met. 

 

For two people, I believe it’s 20,025. 

 

You said you sent tax returns and pay stubs. I believe tax transcripts are preferred. You can get them in about 5 minutes on the IRS website.

 

 

If he does meet the income requirements I would have him print his tax transcripts showing he meets the income requirements. I would also get a letter from his employer stating that his position is permanent and what his salary is etc. and include that. Also, include any assets he owns if you would like.

 

Make sure you are calculating the income requirement based on how many people live in your household. If he doesn’t meet the income requirements then yes, use a sponsor again and have them also fill out an support document and provide the required evidence. 

 

I am curious why you guys used a sponsor for the k-1 visa but didn’t use one for AOS? If he didn’t meet the income for the k-1 visa, how does he make it for AOS 90 days later???

 

 

 

 

We sent in my husbands tax returns etc but the most recent ones we had was for 2014-2015, and his pay stubs, and a recent employment letter. He only got home from a year and a half in England November of last year and he only got his job February of this year. So he hadn't been back in the country for a year yet and he hasn't even had his current job for a year yet. He earns 22,800 a year roughly without taxes. So we're sending in an affadavit of support, the same person we used for my K1 visa that helped us then. I guess it was more of thinking we were ok, because we are meeting the minimum poverty income (I guess it's because we are pretty close to the line that they questioned it?) and we also was told by a lawyer that 'as long as we meet the minimum it won't be necessary to send in all tax documents' and obviously, they were wrong. So we're hoping the affadavit of support who helped us the previous time will also work now? I mean he meets the minimum income requirement currently but not if you added us into that. But they probably add my husbands wage to that as well? Plus he has all the tax documents required of the most recent tax year. We're planning on sending that in before the month is over.