Will my AOS get denied?

[United940 3]

Long story short, we filled out AOS and since my wife didn't had enough income (less than a two thousands short) we mentioned some of the assets that she had. Apparently it wasn't enough and we received RFE stating that we need to find a co sponsor. 

Luckily for us, in 2019 tax year she made more than enough and instead of finding a co sponsor we just send updated i-864 form with 2019 tax return and bank statements for the last 6-12 months. Problem is that she is self employed and started to think that it might not be enough, bank statements show that each months she had on average over 2-4k but I heard that now there is a huge wave of denials. 

So the question is, how big is the chance that we will get denied or at least another RFE? It's not a problem for us to find a co sponsor, her mom and dad are very wealthy, but we wanted to use them as last resort. 

 

[geowrian 22,337]

Joint sponsor is the term for the I-864.

Meeting the minimum income level grants consideration. But it's a judgement call based upon the totality of the circumstances on the public charge question. Being borderline is not favorable.

 

Here is a worksheet to see what factors weight positively and negatively. You can generally tell from that + common sense if it is reasonable that one could support somebody else.

https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

 

Usually they only issue an RFE for a particular issue once. It's possible they could send another RFE, but I would expect either an interview notice (or outright approval is waived) or denial.

[United940 3]

Everything besides that  incident with income that I described before should be more than okay, in 2019 my wife's declared income was a little bit over 24k, she got perfect credit history, went to USC, I got Criminal Law Degree in England, know 4 languages, 26yo, perfect medical record. I got "Positive" on every single factor from that list so I hope for the best. 

Would like to hear more responses and opinions, of course at this point I can't change anything, since they received my RFE 2 weeks ago, so it's just waiting at this point.

Btw somebody knows how long it takes now for them to respond to RFE? 

Edited May 27, 2020 by United940

[Ayrton 965]

6 hours ago, United940 said:

Everything besides that  incident with income that I described before should be more than okay, in 2019 my wife's declared income was a little bit over 24k, she got perfect credit history, went to USC, I got Criminal Law Degree in England, know 4 languages, 26yo, perfect medical record. I got "Positive" on every single factor from that list so I hope for the best. 

Would like to hear more responses and opinions, of course at this point I can't change anything, since they received my RFE 2 weeks ago, so it's just waiting at this point.

Btw somebody knows how long it takes now for them to respond to RFE?

 

Did you send her tax transcript or 1040 + 1099 + schedules?

 

Since she's self employed, there's specific requirements. Everything you mentioned is worthless if you don't have a sponsor or joint sponsor that qualifies.

[Mollie09 1,543]

9 hours ago, United940 said:

Long story short, we filled out AOS and since my wife didn't had enough income (less than a two thousands short) we mentioned some of the assets that she had. Apparently it wasn't enough and we received RFE stating that we need to find a co sponsor. 

Luckily for us, in 2019 tax year she made more than enough and instead of finding a co sponsor we just send updated i-864 form with 2019 tax return and bank statements for the last 6-12 months. Problem is that she is self employed and started to think that it might not be enough, bank statements show that each months she had on average over 2-4k but I heard that now there is a huge wave of denials. 

So the question is, how big is the chance that we will get denied or at least another RFE? It's not a problem for us to find a co sponsor, her mom and dad are very wealthy, but we wanted to use them as last resort. 

 

There's been an uptick in outright denials if you don't send them exactly what they asked for. In this case, I would've just gotten a joint sponsor to satisfy the specific requirement.

Also, the income guidelines are just that - guidelines. Being above the threshold doesn't mean automatic approval.

Edited May 27, 2020 by Mollie09

[United940 3]

10 hours ago, Ayrton said:

 

Did you send her tax transcript or 1040 + 1099 + schedules?

 

Since she's self employed, there's specific requirements. Everything you mentioned is worthless if you don't have a sponsor or joint sponsor that qualifies.

I wanted to do a transcript, but I couldn't since IRS is very slow (COVID19) at the moment and I simply don't have access to it yet, it literally takes over 3 months for them to process a return and I would miss my deadline if I would wait any longer, I understand that it's better evidence, so I wrote a statement that 1040 that I attached is original and that due to pandemic I couldn't process a transcript, but as soon as it till be ready, which it should be by interview, I will present it to the officer. I used 1040 + 1099 + Bank statements. 

I mean technically she qualifies, but I don't know if there is enough evidence for that. And that's why it bothers me, if I would be able to submit transcript I wouldn't be worried rn, hopefully they will be understanding of current situation and not deny application and in worst scenario just send another RFE.

[Ayrton 965]

4 minutes ago, United940 said:

I wanted to do a transcript, but I couldn't since IRS is very slow (COVID19) at the moment and I simply don't have access to it yet, it literally takes over 3 months for them to process a return and I would miss my deadline if I would wait any longer, I understand that it's better evidence, so I wrote a statement that 1040 that I attached is original and that due to pandemic I couldn't process a transcript, but as soon as it till be ready, which it should be by interview, I will present it to the officer. I used 1040 + 1099 + Bank statements. 

I mean technically she qualifies, but I don't know if there is enough evidence for that. And that's why it bothers me, if I would be able to submit transcript I wouldn't be worried rn, hopefully they will be understanding of current situation and not deny application and in worst scenario just send another RFE.

Read the instructions for the 864. There are specific documents for self sponsored sponsors.

[United940 3]

8 minutes ago, Ayrton said:

Read the instructions for the 864. There are specific documents for self sponsored sponsors.

All the documents that were required and available were submitted, so on that part everything is alright, well I hope it is. 

[SalishSea 17,829]

48 minutes ago, United940 said:

I used 1040 + 1099 + Bank statements. 

This usually doesn't fly.  Only the tax transcript is evidence that you filed.

[United940 3]

1 minute ago, Jorgedig said:

This usually doesn't fly.  Only the tax transcript is evidence that you filed.

Dang  That is what I thought. Hopefully they will understand that I literally couldn't provide transcript because of pandemic and at least give me another RFE or ask for it during interview. 

[Rocio0010 5,579]

17 hours ago, United940 said:

I got Criminal Law Degree in England, know 4 languages, 26yo, perfect medical record. I got "Positive" on every single factor from that list so I hope for the best

I am not being mean, but you could be the perfect applicant and still not qualify if your sponsor does not prove that he/ she is able to support you. These personal characteristics bear no influence on the I-864.

 

44 minutes ago, United940 said:

All the documents that were required and available were submitted, so on that part everything is alright, well I hope it is. 

Technically, if you sent all the documents that were required then you should be fine. However, just meeting the threshold doesn't mean approval. It's at the officer's discretion.

[United940 3]

22 minutes ago, ra0010 said:

I am not being mean, but you could be the perfect applicant and still not qualify if your sponsor does not prove that he/ she is able to support you. These personal characteristics bear no influence on the I-864.

 

Technically, if you sent all the documents that were required then you should be fine. However, just meeting the threshold doesn't mean approval. It's at the officer's discretion.

No offense taken, it was response to the girls message that if they will be okay with proof of income there are no other reasons to deny me.  

Well, thank you for making me feel a little bit better, I guess I should stop overthinking since I can't really change anything at this point. Will let you know how it goes when I will get response from USCIS

 

If any of you got opinions and previous experiences feel free to share ❤️

 

Edited May 28, 2020 by United940

[wd250g 3]

12 hours ago, Ayrton said:

 

Did you send her tax transcript or 1040 + 1099 + schedules?

 

Since she's self employed, there's specific requirements. Everything you mentioned is worthless if you don't have a sponsor or joint sponsor that qualifies.

May I ask "sponsor or joint sponsor that qualifies."?

What is the definition of qualified?

[United940 3]

27 minutes ago, wd250g said:

May I ask "sponsor or joint sponsor that qualifies."?

What is the definition of qualified?

I guess in this scenario it's income of 125% of poverty guideline or higher. 

[Diane and Chris 651]

Is it too late to respond to the RFE and get a joint sponsor like they asked?  Perhaps the deadline has not passed. Any thoughts?