RFE (Expecting)

[Nomad82 2]

Hi All

 

We're after some advice - when we filed AOS in 2019 (to meet the expiration of I-94) my spouse just started a new job. We met overseas in 2018 when he was on a holiday working visa. Needless to say the tax returns (2018) did not show that he made above the recommended poverty guideline. He currently makes above that however when we had to file the documents he only had his employment offer letter without pay stubs. Therefore we're expecting an RFE based on the current situation - almost a definite I would think.

 

Hence our question is whether replying with most recent pay stubs with cover letter of the expected income for 2020 moving forward (to show above poverty) and a cover letter to further explain the situation (low 2018 tax returns, etc...) would suffice? Or do they only look at the previous year's tax return to make a decision? Understand that they only look at the petitioner's ability to support but I'm sure we'll be above poverty line when both of us are able to work - not sure  if that would make the case any better by including that in the cover letter.

 

We're just staying calm at the moment and not panic when we do receive the RFE - understand that it can be other things on top of the above (missing paperwork, unfilled forms, etc...)

 

Thank you VJ Community!