Urgent Help Needed!!! Stuck on RFE

[Sparkey 17]

Moved to the US on a K1. 

Filed for AOS on Dec 17th. Today, Dec 29th, received RFE. 

My husband recently got a new job making 35k a year. However, in 2021 he made 28k. In 2020 his AGI was only 17k due to Covid.

Since he has a daughter, our household size is 3 and the income requirement is roughly 28k. 

We received an RFE because his 2020 AGI was so low. However, we did submit his paystubs from 2021 as well as a letter of employment from his new job. 

 As his wife, I was able to include my assets on the I-864 which is what I did. My liquid assets alone are over 200k. 

Why did we get an RFE, and how can we respond? We were hoping our assets would help us avoid the RFE in the first place. 

 

Joint sponsor is not really an option for us. We only have his dad who is retired and his AGI on his tax transcript shows only $1,734.00 (even though his social security was over 25k). If he did agree to be a joint sponsor, wouldn't the AGI trigger a denial?  

[PaulaCJohnny 713]

What exactly are they asking on the RFE?

[Sparkey 17]

4 hours ago, PaulaCJohnny said:

What exactly are they asking on the RFE?

[Redro 4,611]

1 hour ago, Sparkey said:

What proof did you provide for liquid assets?

If you used bank balance did you provide bank statements for the past 12 months (and was the average over 12 months exceed $82350 in US dollars?).  

[Sparkey 17]

1 hour ago, Kor2USA said:

What proof did you provide for liquid assets?

If you used bank balance did you provide bank statements for the past 12 months (and was the average over 12 months exceed $82350 in US dollars?).  

For the bank accounts I provided all activity for 12 months. For stocks, I also provided all 12 months for each account.  Yes everything exceeded 82k. 

[Redro 4,611]

1 minute ago, Sparkey said:

For the bank accounts I provided all activity for 12 months. For stocks, I also provided all 12 months for each account.  Yes everything exceeded 82k. 

Did you complete the I-864 correctly? Some people mistakenly count the beneficiary spouse TWICE in Part 5 Sponsor's Household Size. 

[Sparkey 17]

3 minutes ago, Kor2USA said:

Did you complete the I-864 correctly? Some people mistakenly count the beneficiary spouse TWICE in Part 5 Sponsor's Household Size. 

It shows our household size is 3 (myself, my husband and his daughter).

I think maybe the income part is the issue. We put his annual income is 35k which is what his new salary is. He started that job on December 13th so even though we did provide the Employment Verification Letter, he hadn't received a paycheck yet. 

We did however provide q letter explaining the situation as well as 6 months of paystubs from his previous job(no time off between jobs).

Edited December 30, 2021 by Sparkey

[Redro 4,611]

12 minutes ago, Sparkey said:

It shows our household size is 3 (myself, my husband and his daughter).

I think maybe the income part is the issue. We put his annual income is 35k which is what his new salary is. He started that job on December 13th so even though we did provide the Employment Verification Letter, he hadn't received a paycheck yet. 

We did however provide q letter explaining the situation as well as 6 months of paystubs from his previous job(no time off between jobs).

Sounds like that might be the issue. 

No paystubs from the the current job.

Old paystubs confused the issue. 

Usually I see people recommend at least 3 months of paystubs from the new job. 

Edited December 30, 2021 by Kor2USA

[Sparkey 17]

Just now, Kor2USA said:

Sounds like that might be the issue. 

The job is still too new. 

Usually I see people recommend at least 3 months of paystubs from the new job. 

Should we have wrote 28k and used his last job as his income since he has a year of paystubs?

The issue with doing that is his paystubs will obviously not match the company name of his current job. 

[Redro 4,611]

9 minutes ago, Sparkey said:

Should we have wrote 28k and used his last job as his income since he has a year of paystubs?

The issue with doing that is his paystubs will obviously not match the company name of his current job. 

You might've confused the issue by providing paystubs from the former job. I'm not sure what the best course of action would've been... 

But, maybe provide proof of current income/ current job and liquid assets. 

Don't provide paystubs from the former job. 

[Sparkey 17]

2 minutes ago, Kor2USA said:

You might've confused the issue by providing paystubs from the former job. I'm not sure what the best course of action would've been... 

But, maybe provide proof of current income/ current job and liquid assets. 

Don't provide paystubs from the former job. 

The only thing I would be able to provide for income is his Employment Verification Letter and 1 paystub!

His 401k statement for the year was also provided already as well as all my savings and assets. 

[Redro 4,611]

31 minutes ago, Sparkey said:

The only thing I would be able to provide for income is his Employment Verification Letter and 1 paystub!

His 401k statement for the year was also provided already as well as all my savings and assets. 

I don't know... there is another post going right now and it looks like they received the same RFE (similar wording).

Make sure you filled out the form correctly with no errors... and maybe read the K1 AOS - I-864 RFE initial evidence. Advice please post as your might realise there is some information you can use.