Request For Evidence (Form I-485)

[Zachary Nguyen 0]

My name is Zachary, and I'm trying to get my wife Suong Dang a legal status by filling I-845 form. I'm her sponsor but we just received a request for evidence (Form I-485) due to income did not meet 125% of the poverty guideline. So they request me to submit evidence of assets that meet the standard below or obtain a Joint Sponsor. 

Standard:

• Assets must equal the difference for applicants filing as orphans
• The asset must equal three times the difference for a spouse or child of a US citizen.
• The asset must equal five times the difference for all the others.

Last year, in 2017 when I filed the I-864 forms my income over the previous 3 years was low:

• 2016: $16165
• 2015: $13992
• 2014: $4500 

Therefore I didn't meet the guideline. I just filed my income tax for this year 2017, and it is better ($26545). I wonder if I can use this number to resubmit the I-864 form again along with my last 12 months bank statements and 1099 forms as proof of my income for them to check back? In case of I need a joint sponsor, which my mother is, another problem is her 2017 income is less than the poverty guideline, but her checking/saving accounts have around $30000-$40000, and her house was paid off, I wonder if she could still be my joint sponsor.

Thank you very much. I wish to hear from you all

[geowrian 22,338]

What evidence of your current income did you provide (i.e. pay stubs, employment letter, etc.) originally? Taxes are required to have been filed for the past 3 years, and to provide a copy/transcript of at least the most recent year's return, but otherwise they do very little to show the current income of a wage earner. What is the source of your income?

 

Your mother may or may not be a suitable joint sponsor. The checking/savings account would be insufficient to meet 3x assets requirement, assuming she has no income. A primary home can be included in assets, although it's likely not to be considered a liquid asset. The specifics would matter (current market value of the home and such, including evidence proving it's value).

[Zachary Nguyen 0]

3 hours ago, geowrian said:

What evidence of your current income did you provide (i.e. pay stubs, employment letter, etc.) originally? Taxes are required to have been filed for the past 3 years, and to provide a copy/transcript of at least the most recent year's return, but otherwise they do very little to show the current income of a wage earner. What is the source of your income?

 

Your mother may or may not be a suitable joint sponsor. The checking/savings account would be insufficient to meet 3x assets requirement, assuming she has no income. A primary home can be included in assets, although it's likely not to be considered a liquid asset. The specifics would matter (current market value of the home and such, including evidence proving it's value).

Thank you for reply.

 

I'm working part time as a manicurist. All the form I have are 1099 form and after filing the tax, I'm having the 1040 form. I wonder if the year of 2017 I have earn around $26k, does it help?

[geowrian 22,338]

23 minutes ago, Zachary Nguyen said:

Thank you for reply.

 

I'm working part time as a manicurist. All the form I have are 1099 form and after filing the tax, I'm having the 1040 form. I wonder if the year of 2017 I have earn around $26k, does it help?

Gotcha. Thanks fore the update! So it sounds like you are self-employed and doing contract work. As such, you don't have pay stubs and such. Then yes, the tax returns would be the primary source to show your income. Providing the 2017 returns should help that you now make at least the minimum level of income. The bank statements should help support this and/or show some consistency in the income.

The public charge decision is ultimately in the hands of the IO, but that explains why you got an RFE/RFIE...the only information they had at the time suggested you weren't making enough.

[poh 126]

You or/and joint sponsor needs to meet poverty guidelines and show stable income.  If you can't then most likely you will be denied.

2018 Marriage Visa Guidelines

48 Contiguous States and the District of Columbia

Persons in family / household	Poverty guideline
2	$20,575

 

Assets in Lieu of Earnings

For CR visas and green cards only, it can be possible to show enough liquid assets and home equity as a substitute for earnings. The amount of equity required is more than three times earnings. Assets in lieu of earnings is generally not allowed for fiance visa processing. Assets can help show stability where earnings are modest.

 

Financial Joint Sponsorship

A financial joint sponsor is allowed for all marriage visa processing by rule. A joint sponsor is used where the petitioning U.S. citizen is unable to meet income guidelines on his or her own.

 

Edited March 17, 2018 by poh

[geowrian 22,338]

16 minutes ago, poh said:

You or/and joint sponsor needs to meet poverty guidelines and show stable income.  If you can't then most likely you will be denied.

2018 Marriage Visa Guideline

This is for AOS, not visa processing. The guidelines for the I-864 are the same, but how they're applied is a little different. For instance, liquid assets can be used alongside earnings, and assets can be used (in full) in lieu of income. That is the case at some embassies as well, but USCIS regularly permits it.

[Zachary Nguyen 0]

1 hour ago, geowrian said:

Gotcha. Thanks fore the update! So it sounds like you are self-employed and doing contract work. As such, you don't have pay stubs and such. Then yes, the tax returns would be the primary source to show your income. Providing the 2017 returns should help that you now make at least the minimum level of income. The bank statements should help support this and/or show some consistency in the income.

The public charge decision is ultimately in the hands of the IO, but that explains why you got an RFE/RFIE...the only information they had at the time suggested you weren't making enough.

Thank again! 
Just in case they don't accept my 2017 tax returns, I may have to find a joint sponsor. But I have questions about the income tax for the last 3 years: do they really care about my 2016 and & 2015 tax? No matter in the year 2017 I make more than the poverty guideline? 

[Clint&chai 56]

On 3/16/2018 at 6:45 PM, Zachary Nguyen said:

Thank again! 
Just in case they don't accept my 2017 tax returns, I may have to find a joint sponsor. But I have questions about the income tax for the last 3 years: do they really care about my 2016 and & 2015 tax? No matter in the year 2017 I make more than the poverty guideline? 

If your tax return is completed i would send that and bank statements with a letter if you just going for 2 people your 2017 income is plenty but if you have savings etc send that too, they are very concerned about having money tk support you immigrant spouse