Annual Income disqualified

[audreyhuang 0]

Hi all!

 

We sent out our AOS application forms a month ago, holding a K1 visa. And we just got a request for initial evidence. In the letter it says that:

1. Submit all supporting tax documents submitted to the internal revenue service for the most recent tax year.

2. Based on the documents submitted with for I864, the income did not meet 125% of the poverty guideline for the sponsor's household size.

3. Bank statement covering the last 12 months or a statement from an officer of the bank or other financial institution in which the sponsor has deposits

 

I think the problem is that my husband was working in Taiwan until January when he moved back to the US. His annual income meets the guideline, but this recent 3 year income don't because he was in Taiwan. 

What should I do in this situation? 

How do I prove that he worked in Taiwan and that he meets the guideline with his current income?

 

Thank you! 

[Suss&Camm 2,213]

22 minutes ago, audreyhuang said:

Hi all!

 

We sent out our AOS application forms a month ago, holding a K1 visa. And we just got a request for initial evidence. In the letter it says that:

1. Submit all supporting tax documents submitted to the internal revenue service for the most recent tax year.

2. Based on the documents submitted with for I864, the income did not meet 125% of the poverty guideline for the sponsor's household size.

3. Bank statement covering the last 12 months or a statement from an officer of the bank or other financial institution in which the sponsor has deposits

 

I think the problem is that my husband was working in Taiwan until January when he moved back to the US. His annual income meets the guideline, but this recent 3 year income don't because he was in Taiwan. 

What should I do in this situation? 

How do I prove that he worked in Taiwan and that he meets the guideline with his current income?

 

Thank you! 

What did you submit?

 

You need to submit what is asked for plus proof of the current income (payslips, letter from employer). The second point is an automatic response when there isn't enough evidence to support the income claim.

[audreyhuang 0]

3 hours ago, Suss&Camm said:

What did you submit?

 

You need to submit what is asked for plus proof of the current income (payslips, letter from employer). The second point is an automatic response when there isn't enough evidence to support the income claim.

We submitted my husband's current income details and payslips in the US starting January and all the tax papers in Taiwan for the past 3 years. 

I assume that is not enough. Since he doesn't have a W2, what we are missing is probably the letter from employer. 

What does the employer need to address in the letter? Any specific claims or proofs needed? Or anything else?

Do we need to send the I-864 form again back to USCIS? 

If we fail to submit the right information, will it lead to rejection to our applicant?

 

Sorry for the flow of questions, we are just so frustrated.

Thank you very much for your answer, we really appreciate it. 

Edited October 18, 2017 by audreyhuang

[Suss&Camm 2,213]

You didn't submit the US tax papers? It's a requirement, if you didn't then that is more likely the reason. A letter from employer is only to support the other evidence, it would include type of position, date he started and pay.

 

[TuXu@15 0]

I would recommend that you schedule an info appointment to the field office that is close to you(your house). You can ask this type of questions or your husband can schedule to ask for you if you don't have necessary information to schedule with USCIS yet. They will tell you what type of information they may need since it isn't clear from the letter and whether or not you have to re-submit I-864.

I hope this helps.

[Nitas_man 3,100]

23 hours ago, Suss&Camm said:

You didn't submit the US tax papers? It's a requirement, if you didn't then that is more likely the reason. A letter from employer is only to support the other evidence, it would include type of position, date he started and pay.

 

 

On ‎10‎/‎18‎/‎2017 at 2:36 AM, audreyhuang said:

Hi all!

 

We sent out our AOS application forms a month ago, holding a K1 visa. And we just got a request for initial evidence. In the letter it says that:

1. Submit all supporting tax documents submitted to the internal revenue service for the most recent tax year.

2. Based on the documents submitted with for I864, the income did not meet 125% of the poverty guideline for the sponsor's household size.

3. Bank statement covering the last 12 months or a statement from an officer of the bank or other financial institution in which the sponsor has deposits

 

I think the problem is that my husband was working in Taiwan until January when he moved back to the US. His annual income meets the guideline, but this recent 3 year income don't because he was in Taiwan. 

What should I do in this situation? 

How do I prove that he worked in Taiwan and that he meets the guideline with his current income?

 

Thank you! 

I agree that this is probably more about tax documents than current income.  He should have been filing taxes even if he did not owe anything.  Submit the tax forms he filed while he was working in Taiwan and add a letter from his employer with his start date, position, salary and re-submit every piece of paper you have on his income this year.

Somehow the I134 passed at interview.  What did he submit to USCIS that he did not submit to the embassy?

[audreyhuang 0]

5 hours ago, Nitas_man said:

 

I agree that this is probably more about tax documents than current income.  He should have been filing taxes even if he did not owe anything.  Submit the tax forms he filed while he was working in Taiwan and add a letter from his employer with his start date, position, salary and re-submit every piece of paper you have on his income this year.

Somehow the I134 passed at interview.  What did he submit to USCIS that he did not submit to the embassy?

We filed the same tax papers to the government when filing I-134, that's why we are very confused right now. Probably we could have submitted more documents since my husband is back working in the states now. We will recheck and resend everything. Hopefully we can figure out what's missing!!!

Thank you!

[audreyhuang 0]

5 hours ago, TuXu@15 said:

I would recommend that you schedule an info appointment to the field office that is close to you(your house). You can ask this type of questions or your husband can schedule to ask for you if you don't have necessary information to schedule with USCIS yet. They will tell you what type of information they may need since it isn't clear from the letter and whether or not you have to re-submit I-864.

I hope this helps.

I checked the appointment and there is no availability within two weeks. The USCIS told us on the phone that they can also only provide limited information regarding our case actually, so I'm not sure if it ill be worth it. We will still make an appointment though, hopefully it'll be any help. 

Worst case scenario will be consulting an attorney, which would be our last option. 

Thank you!

 

[audreyhuang 0]

5 hours ago, TuXu@15 said:

I would recommend that you schedule an info appointment to the field office that is close to you(your house). You can ask this type of questions or your husband can schedule to ask for you if you don't have necessary information to schedule with USCIS yet. They will tell you what type of information they may need since it isn't clear from the letter and whether or not you have to re-submit I-864.

I hope this helps.

 

On 10/18/2017 at 9:17 AM, Suss&Camm said:

You didn't submit the US tax papers? It's a requirement, if you didn't then that is more likely the reason. A letter from employer is only to support the other evidence, it would include type of position, date he started and pay.

 

Yes we did. All the papers. That's why we are so frustrated. Maybe we did miss something but I don't know if there's a way to check with USCIS what papers exactly did we miss. We will resend everything again along with the letter from the employer, hopefully it'll work out. We are also considering consulting an attorney, which would be our last option. 

I''ll keep you updated with any findings, could be just a silly mistake we made haha. 

Thank you very much.