Don't know what to do?! 🙁 AOS APPLICATION - Request for initial evidence (RFE)

[Lemonslice 4,947]

You say you sent his last tax year, please list exactly which documents you sent. It seems some were missing

[carmel34 3,650]

16 hours ago, SebastianOs said:

 On the letter also stated that we can use a joint sponsor but we don't have to at least we think because my husband's job now already met the 125% federal poverty guidelines.

Get a joint sponsor.  Read up on current news about this issue.  Under the Trump administration's new guidelines, they are cracking down on any green card application that is borderline in terms of income, that could present a risk of using any government benefits.  The income/public charge question is a judgment call by the CO, based on the totality of the applicant's situation.  There is no guarantee that barely meeting 125% of poverty level with current income for the last few months is sufficient.  Your husband's income history is not strong and would be grounds for denial, or they would not have denied AOS at the interview.  The wording of what you posted sounds like you are not required to submit a co-sponsor, but they are suggesting it.  Do exactly what they suggest if you want to increase your chances of getting approved.  Why risk a denial?  You would just have to get a co-sponsor anyway if deny a second time, and if they give you another chance.  Always give USCIS everything they ask for, in this case, it sounds like they are asking for a co-sponsor.

Edited May 26, 2019 by carmel34

[SalishSea 18,073]

Sounds like you may need a joint sponsor if his 2018 income was below 125%.

[SebastianOs 14]

13 hours ago, Lemonslice said:

You say you sent his last tax year, please list exactly which documents you sent. It seems some were missing

Yeah you're right, we didn't include the actual 3 years ITR (2016'17'18) in the application. We thought it's okay if we just include the copies of his tax years from H&R BLOCK website (where my husband filed his taxes).

 

Also, W2's and 1040's are included. As well as 3 paystubs within 3 months and employment letter.

 

I think we got an RFE because we submit incomplete documents.

[SebastianOs 14]

9 hours ago, carmel34 said:

Get a joint sponsor.  Read up on current news about this issue.  Under the Trump administration's new guidelines, they are cracking down on any green card application that is borderline in terms of income, that could present a risk of using any government benefits.  The income/public charge question is a judgment call by the CO, based on the totality of the applicant's situation.  There is no guarantee that barely meeting 125% of poverty level with current income for the last few months is sufficient.  Your husband's income history is not strong and would be grounds for denial, or they would not have denied AOS at the interview.  The wording of what you posted sounds like you are not required to submit a co-sponsor, but they are suggesting it.  Do exactly what they suggest if you want to increase your chances of getting approved.  Why risk a denial?  You would just have to get a co-sponsor anyway if deny a second time, and if they give you another chance.  Always give USCIS everything they ask for, in this case, it sounds like they are asking for a co-sponsor.

They suggested it, yeah, if we really have to. As far as I know previous years are important but the current income is more important as long as we provide the evidence that satisfies them which we will do. My husband's income is way above the 125% poverty guidelines now than his previous job. That's why I worded it that way.

 

RFE can cause for some reasons like missing documents. Like ours. But thanks anyway for the response.

[Lemonslice 4,947]

Get transcripts from the IRS. They're free and you can order them, or luck them up in person. Transcript is what you want to get if you want to be sure you're sending the eight documents.

 

I do not use HR Block, no idea if what you printed is sufficient.

[SebastianOs 14]

On 5/26/2019 at 5:54 AM, Lemonslice said:

Get transcripts from the IRS. They're free and you can order them, or luck them up in person. Transcript is what you want to get if you want to be sure you're sending the eight documents.

 

I do not use HR Block, no idea if what you printed is sufficient.

We already got them online.