RFE for my AOS help plese

[Mera 6]

I came with K1 visa and i sent my AOS file with all papers and forms and evedinces and my husband income is 24,000 per year and that more than than 125% of poverity guidline for  household of two me and my husband and we sent w2 and 1040 of 2017 and 2016 since 2018 not ready yet and i did my Biometric once i recieve the letter but after a month or less i recieved RFE  as in photos says that the income didnt meet 125% of the fedral poverity guidline for the house hold size!!!!!  And they ask to send the taxes form for most recent tax year as shown on the photo and add assets or  have joint sponser

Regarding having a joint sponser That is something Not possible we are unable to find .

 About the Assets :

1-My husband has a food truck of around 13,000 usd but not opreate it to work yet.

2- he did buy a house for us one month before our marriage under his name and it’s price 100,000usd as a mortagage with the bank and he pays the payments every month at it’s time continusely for 7 months now since he did buy it 

3- he is working in company and his salary from 23,000 to 24,000 usd by commision per year and he works with Uber as side job and he made income 6,000 usd per year for 2017 

 And he has a letter from his job in company states name of company , owner of the company, his position in work and his Income per year from his job

and we have w2s and 1040 for the years 2017 and 2016 and we have the one for 2018  as songle as it was before our marriage but not made it yet since it is always be in April and he has the papers that he owns the food truck and the papers of the house Would that be enough for USCIS as a response for the RFE or there is more papers i need to include!? Please i will appreciate any help and opinion because i need to send those papers by far this week

Thank you for any help

[little immigrant 801]

Hi I received the same RFE although I meet the income requirements by far. That sentence "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner, the income did not meet the 125 percent of the federal poverty guideline for the petitioner's household size" is just a standard text and it does not mean that your sponsor does not meet the income requirements. It just means they want more documents to prove it.

 

I sent letters of employment, 12 months worth of bank statements for 3 Bank accounts and a retirement account and asset documents. I don't remember if I included tax documents during the first filing or the RFE. 

 

I do not understand why they don't make this evidence a requirement during the first filing of I-485 because they will always ask for it anyways. I think they're buying themselves time by sending this RFE and looking for a reason to deny. 

[K1visaHopeful 2,817]

24 minutes ago, Mera said:

I came with K1 visa and i sent my AOS file with all papers and forms and evedinces and my husband income is 24,000 per year and that more than than 125% of poverity guidline for  household of two me and my husband and we sent w2 and 1040 of 2017 and 2016 since 2018 not ready yet and i did my Biometric once i recieve the letter but after a month or less i recieved RFE  as in photos says that the income didnt meet 125% of the fedral poverity guidline for the house hold size!!!!!  And they ask to send the taxes form for most recent tax year as shown on the photo and add assets or  have joint sponser

Regarding having a joint sponser That is something Not possible we are unable to find .

 About the Assets :

1-My husband has a food truck of around 13,000 usd but not opreate it to work yet. 

You can use that. You will need to get it appraised. It may not be worth what you are thinking as assets are only worth 1/3rd their cash value.

2- he did buy a house for us one month before our marriage under his name and it’s price 100,000usd as a mortagage with the bank and he pays the payments every month at it’s time continusely for 7 months now since he did buy it. You cannot use a primary residence, only a secondary residence.

3- he is working in company and his salary from 23,000 to 24,000 usd by commision per year and he works with Uber as side job and he made income 6,000 usd per year for 2017. You need to report what his gross total income is from line 22 of his 1040 Schedule B for a 2018 ITR (that line # may be different for other years but always report your total income as an employer based emplyee) or the total of his W2s as long as that matches what's on his ITRs. Your RFE looks like you may have reported some other amount and makes me think that you may think he has made more than he actually has. Check his 1040 and W2s carefully.

 And he has a letter from his job in company states name of company , owner of the company, his position in work and his Income per year from his job

If you are using current employment income evidence to SUPPLEMENT what was reported on his most recent taxes (as in using it to provide further evidence, not primary evidence) you will need to provide 6 months worth of paystubs for all employer based income. An employer letter alone wont cut it.

and we have w2s and 1040 for the years 2017 and 2016 and we have the one for 2018  as songle as it was before our marriage but not made it yet since it is always be in April and he has the papers that he owns the food truck and the papers of the house Would that be enough for USCIS as a response for the RFE or there is more papers i need to include!? Please i will appreciate any help and opinion because i need to send those papers by far this week

Thank you for any help

Note too that you have posted the the financial poverty guidelines for 2018. They have gone up since Jan 11th, 2019 but the I864P has not been updated yet. A 2 person household would be $21138 for 125% and that depends on what state you live in.

Edited February 17, 2019 by K1visaHopeful

[Mera 6]

9 minutes ago, little immigrant said:

Hi I received the same RFE although I meet the income requirements by far. That sentence "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner, the income did not meet the 125 percent of the federal poverty guideline for the petitioner's household size" is just a standard text and it does not mean that your sponsor does not meet the income requirements. It just means they want more documents to prove it.

 

I sent letters of employment, 12 months worth of bank statements for 3 Bank accounts and a retirement account and asset documents. I don't remember if I included tax documents during the first filing or the RFE. 

 

I do not understand why they don't make this evidence a requirement during the first filing of I-485 because they will always ask for it anyways. I think they're buying themselves time by sending this RFE and looking for a reason to deny. 

I sent with the file his employment letter as well a bank statment and tax documents but we didnt included the assets at that time we thought is not necessary since his income was enough but he has no money in his accounts since he bought the house using that money as the prepayment also he has a good credits in many banks but he had some depts with those credits at that time do you think that was the reason for the RFE!? 

This time i plan to send with the response of RFE his W2s and 1040 for 2017 and 2016 and 2018 the paper he recived and letter from his job states his salary per year also his income from uber and pepers of his ownership for the food truck and papers of the house mortagage and paper from bank stating that he pays continuously at the time each month for the bank the monthly payment of the house 

Do you think i need something more? 

[Mera 6]

19 minutes ago, little immigrant said:

Hi I received the same RFE although I meet the income requirements by far. That sentence "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner, the income did not meet the 125 percent of the federal poverty guideline for the petitioner's household size" is just a standard text and it does not mean that your sponsor does not meet the income requirements. It just means they want more documents to prove it.

 

I sent letters of employment, 12 months worth of bank statements for 3 Bank accounts and a retirement account and asset documents. I don't remember if I included tax documents during the first filing or the RFE. 

 

I do not understand why they don't make this evidence a requirement during the first filing of I-485 because they will always ask for it anyways. I think they're buying themselves time by sending this RFE and looking for a reason to deny. 

 

15 minutes ago, K1visaHopeful said:

Note too that you have posted the the financial poverty guidelines for 2018. They have gone up since Jan 11th, 2019 but the I864P has not been updated yet. A 2 person household would be $21138 for 125% and that depends on what state you live in.

Thank you for clearing me those points i will show my husband those information to have idea which papers we will need to submet

[K1visaHopeful 2,817]

11 minutes ago, Mera said:

I sent with the file his employment letter as well a bank statment and tax documents but we didnt included the assets at that time we thought is not necessary since his income was enough but he has no money in his accounts since he bought the house using that money as the prepayment also he has a good credits in many banks but he had some depts with those credits at that time do you think that was the reason for the RFE!? 

This time i plan to send with the response of RFE his W2s and 1040 for 2017 and 2016 and 2018 the paper he recived and letter from his job states his salary per year also his income from uber and pepers of his ownership for the food truck and papers of the house mortagage and paper from bank stating that he pays continuously at the time each month for the bank the monthly payment of the house 

Do you think i need something more? 

Sending the evidence wont matter if it doesnt match the corresponding boxes on the I864. They wont do the math for you.

 

You need to figure out exactly what numbers he is trying to report on the I864 and submit the documents that prove that. No more and no less.

 

Keep in mind that assets are only worth 1/3 their cash value. The house is definitely out as it's a primary residence as well as the bank accounts as the statements would need to be current and reflect that amount in assets you were trying to use has been steady (untouched) in that bank account for 1 year in order to claim that value in cash.

Edited February 17, 2019 by K1visaHopeful

[Mera 6]

2 hours ago, K1visaHopeful said:

Note too that you have posted the the financial poverty guidelines for 2018. They have gone up since Jan 11th, 2019 but the I864P has not been updated yet. A 2 person household would be $21138 for 125% and that depends on what state you live in.

Ok this is the w2 of 2017 for my husband he made 23,000 plus 6,000 from uber and that is in the 2 papers of 2017 w2 would it be enough to send for them with employment letter incone and position and ownership paper of the food truck  without need to send 1040 and other papers?

Edited February 17, 2019 by Mera

[K1visaHopeful 2,817]

9 minutes ago, Mera said:

Ok this is the w2 of 2017 for my husband he made 23,000 plus 6,000 from uber and that is in the 2 papers of 2017 w2 would it be enough to send for them with employment letter incone and position and ownership paper of the food truck  without need to send 1040 and other papers?

 

 

No it wont be enough. Please read all of my posts I have responded to you with on this thread especially my first one.

Edited February 17, 2019 by K1visaHopeful

[Mera 6]

4 minutes ago, K1visaHopeful said:

No it wont be enough. Please read all of my posts I have responded to you with on this thread especially my first one.

Ok Thank you so much

 

4 minutes ago, K1visaHopeful said:

No it wont be enough. Please read all of my posts I have responded to you with on this thread especially my first one.

Ok Thank you so much i appreciate all your responses🙏🏻