Got RFE on I-1485.I see two possible reasons for RFE.Can you please weigh in.?

[srajeevan 5]

Got RFE on I-485.
I am a July 6th,2019 filer.
Married to LPR.
Local Office : Michigan.
Have approved 1-130.

Michigan is usually quick in terms of scheduling interview and i was wondering why there is no update in my case.
Anyway got an update for RFE today.

Possible reasons for RFE:

1. I was on F1 OPT while i applied AOS on July ,2019.I changed to H-1B work visa on October 1st.Not sure if there is any confusion in there and that may be the reason for RFE.
2. My wife is the petitioner and she is unemployed ,but i work and earn 70K + ,so in I-864 i have my financial info/W2/Tax Returns included and we are showing that household income(we live together) is above the limit required.

[arken 4,197]

Or it could be any of hundreds of other reasons.

[Moe428 129]

No point speculating.  You should have the mail in 3-4 business days and then you can find out what its actually about.

[Just Paul 4,595]

You filed the I-130/I-485 in a marriage to an LPR?

[srajeevan 5]

@Paul & Mary I filed I-130 on May 2018 as the first step.And when i was eligible for file for AOS based on visa bulletin charts,i filed I-148,I-1765 and I131.

 

I am aware that i cannot file I-130 and AOS together since my wife is LPR.

 

 

[Just Paul 4,595]

3 hours ago, srajeevan said:

And when i was eligible for file for AOS based on visa bulletin charts,i filed I-148,I-1765 and I131.

Approved I-130 as in the petition was at the NVC?

[srajeevan 5]

6 minutes ago, Paul & Mary said:

Approved I-130 as in the petition was at the NVC?

Nope.Not through NVC.I am legally present in US,so i applied I-130 while i was here in US and adjusting here itself.

Edited January 30, 2020 by srajeevan

[srajeevan 5]

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

[arken 4,197]

2 hours ago, srajeevan said:

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

That’s a generic statement when any one or more item is missing. It should say more thing than that.
 

What are the documents you provided? Did you provide a letter from your employer mentioning your employment will continue after you get your green card?

[srajeevan 5]

Just now, arken said:

That’s a generic statement when any one or more item is missing. It should say more thing than that.
 

What are the documents you provided? Did you provide a letter from your employer mentioning your employment will continue after you get your green card?

I have provided my tax returns for the last 2 years ,my pay stubs for last 6 months and Employment verification letter with my salary info.

I don't have that part where it says "my employment will continue after i get my green card"

 

But the RFE says that ,the petitioner doesn't have documents proving that financial requirement is met.

RFE asks for tax returns and other income details from petitioner.That is why i reached the  conclusion that my(beneficiary) income cannot be used.

Not sure if that is correct.

[arken 4,197]

2 minutes ago, srajeevan said:

I have provided my tax returns for the last 2 years ,my pay stubs for last 6 months and Employment verification letter with my salary info.

I don't have that part where it says "my employment will continue after i get my green card"

 

But the RFE says that ,the petitioner doesn't have documents proving that financial requirement is met.

RFE asks for tax returns and other income details from petitioner.That is why i reached the  conclusion that my(beneficiary) income cannot be used.

Not sure if that is correct.

Like i said, if anything is missing, the i864 is not valid, if it’s not valid they can’t use the income, if they can’t use the income, it will be denied saying you don’t meet the requirement.

 

You didn’t include the main important document.

From i864 instructions:

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

[Cornflake 108]

Did she file taxes in 2018 and earlier? If not, did she write a letter stated why she didn't file taxes.

[Moe428 129]

3 hours ago, srajeevan said:

Hi All, 

 

Received RFE in mail.

It say's the sponsor doesn't meet the income requirement.

 

Here is my situation:

I am employed(beneficiary) and my petitioner(spouse) is not employed,so as per my lawyer's suggestion we have filled i-864 and included my income as household income as we live together.

My income meets the income requirement,but it seems like they don't accept beneficiary's income for sponsoring.

 

 

Should i add a join co-sponsor? Can someone just give a rough idea of what is the step if i have to move forward with a joint co-sponsor.?

Interesting.  In my situation, it was the same and they accepted my income in I-864.  

[srajeevan 5]

9 minutes ago, arken said:

Like i said, if anything is missing, the i864 is not valid, if it’s not valid they can’t use the income, if they can’t use the income, it will be denied saying you don’t meet the requirement.

 

You didn’t include the main important document.

From i864 instructions:

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

Okay agree.

I think i don't that part where i assure that my income will continue from the current source.

Pay stubs for 6 months and employment letter was supposed to be enough per my lawyer.

Should i get a letter from employer saying that i will be employed in the future as well.

[srajeevan 5]

1 minute ago, Cornflake said:

Did she file taxes in 2018 and earlier? If not, did she write a letter stated why she didn't file taxes.

we filed together for 2018 and 2017.She never worked and never filed taxes by herself.