rfe AOS RFE re: support issue

[CyberSamurai013 69]

So, I checked our case status this morning for the family-based I-485 application for AOS. It showed a processing time of 3 months and I was excited because we are on step 3 (interview). An hour later, we got an email and upon reviewing the update I see we have an RFE. Evidently, USCIS says I cannot sponsor my wife because I do not make 125% of the poverty level for our family size. I make about double that (233%). The error likely comes from the fact that my IRS papers say $0 due to my income being non-taxable. I sent income verification letters from the VA and SSA as well as bank statements showing that I make about $70k a year in non-taxable income. Additionally, our attorney sent them a letter with the initial filing saying the same. He told us that we would dispute it but I will most likely need a co-sponsor. I do not have one as I have no family or friends and shouldn't need one simply because someone at USCIS is unable to read or comprehend the reality of the situation. I am beyond angry as this will substantially delay our case and we cannot afford the delay.

[Dashinka 24,498]

Depending on the advice from your lawyer and if he can get the RFE eliminated, I would respond to the RFE with the same information/evidence you provided for your I864.  There are many stories of people getting RFE's for material that was already provided.

 

Good Luck! 

[Ontarkie 14,223]

~~Moved to AOS from Work Student and Tourist Visas, from General Immigration Discussion.- As AOS questions are discussed here.~~