I-485 About To Be Denied For The Second Time

[FordRacer2007 1]

My wife came to the US with the K-Visa in December of 2021. We married in 2022 within the 90-day time period but we waited a bit too long to start the filing process for the next step (This is mostly due to us trying to collect the necessary documents, some of which we had to get from the country of origin). In 2023 we submitted our first form of I-485 along with what we thought were all the required documents and waited for months to receive an answer. Finally the $1,200+ fee was charged to my account and they reviewed our application. A few days later we received notice that they required proof of my income, so we sent them that. A few weeks later we received notice that our application was denied because I failed to provide 3 years' worth of tax information. In the meantime, the fee for the application went up to $1440, so I spent a few months gathering that and all the necessary documents gain and sent the application again in April. This time we sent forms I-485, I-864, I-765, and I-131 altogether. I read mixed information on whether I needed to include the fees for forms I-765 and I-131. We read somewhere that if we were sending those forms along with the I-485 we didn't have to pay that fee, so we didn't send it. Just a few days ago we received another set of notices. The first two were for forms I-765 and I-131 saying we needed to include the fees. So that's not a huge issue, we will get the funds and pay the fees so they can process that. Our big issue is that they also sent a "Request For Evidence" for form I-485. It is a 5-page document requesting pretty much everything we had just sent them. The first page says that based on the documents we submitted, they could not determine that the petitioning sponsor on Form I-864 is qualified. I calculated that I did meet the required 125% of the federal poverty guideline for my household size, but maybe someone here can just confirm this for me. I have custody of 2 kids in my house from a previous relationship and a 3rd kid with my wife. How much did I have to gross in 2023 to qualify without having to get a joint sponsor? Also, any other help you guys can provide would be immensely appreciated. My wife's uncle has become very ill back in Guatemala and this is making her very depressed.

[Crazy Cat 41,610]

***Moved to Adjustment of Status from K-1 forum***

[Crazy Cat 41,610]

The new fee schedule as of April 1 discontinued the free I-765 and free I-131 when filing with an I-485.  There are fees for both now.

G-1055, Fee Schedule (uscis.gov)

 

Looks like your household size is 5.

 

[FordRacer2007 1]

1 hour ago, Crazy Cat said:

The new fee schedule as of April 1 discontinued the free I-765 and free I-131 when filing with an I-485.  There are fees for both now.

G-1055, Fee Schedule (uscis.gov)

 

Looks like your household size is 5.

 

Thank you for clarifying this part.

[powerpuff 6,604]

2 hours ago, FordRacer2007 said:

How much did I have to gross in 2023 to qualify without having to get a joint sponsor?

It doesn’t matter what you made in 2023. They care about what you’re making currently, this year. If it’s too close to threshold, they may ask for a joint sponsor.

 

What evidence of current income did you include with I-864? Tax returns are not evidence of current income.

[Family 3,988]

2 hours ago, FordRacer2007 said:

How much did I have to gross in 2023 to qualify

Do you have a salary/W-2 job ..or are you self employed or 1099 contractor ?

 

Proving up required Current Income is different between the W-2 earner and self employed.

[FordRacer2007 1]

I think I only sent my W-2 forms, which may be part of the issue. What should I submit? I have a job where I get paid by the hour each week. Would check stubs be enough? And if so, how many should I send?

[Lemonslice 4,798]

Before sending it back, you might want to reach out to a legal help service in your area.  Just to make absolutely sure that everything is accurate and that you won't lose the fees this time.

 

https://www.immigrationadvocates.org/legaldirectory/

 

 

[powerpuff 6,604]

Everything is in the I-864 instructions. You need to really study them. I second advice on seeking legal help as this is now your second attempt at filing.
 

“For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.”

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
 

We sent an employment letter from HR and 6 months of most recent paystubs. No RFEs, approved over 2 years ago. At the time my husband was also hourly and paid weekly but HR had no problem calculating that into an annual salary. There are also calculators online that help do that. 

 

 

Edited June 6 by powerpuff

[Family 3,988]

53 minutes ago, FordRacer2007 said:

I think I only sent my W-2 forms, which may be part of the issue. What should I submit? I have a job where I get paid by the hour each week. Would check stubs be enough? And if so, how many should I send?

If you make $46K or more , do this :

 

1. Download IRS tax transcript for 2023 ( it’s free online) https://www.irs.gov/individuals/get-transcript

2. Copy of 2023 W-2 ( even though you sent it before)

3. Get 4 recent pay stubs 

4. If possible get an Employment Verification Letter from your workplace. Can be simple and state your position as x , full time and hourly rate . This is not mandatory, but good if you can do it. 
 

https://www.uscis.gov/i-864p

5	$36,580	$45,725

 

[Family 3,988]

Double check that RFE is only for the  income …so read it carefully or if you wish , cross out personal info and upload it here.  If you earn enough and provide the items listed above , you will be fine.

 

Unless your spouse has upcoming travel plans, skip filing/paying the I-131 as they are knocking out adjustments in approx 6 months

 

[JKLSemicolon 410]

2 hours ago, FordRacer2007 said:

I think I only sent my W-2 forms, which may be part of the issue. What should I submit? I have a job where I get paid by the hour each week. Would check stubs be enough? And if so, how many should I send?

Did you read the I-864 instructions? Specifically the part that reads:

Quote

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. 

 

Edit: I see this was already pointed out. For what it’s worth, I took a belt and suspenders approach and provided both an employer letter and six months of recent pay stubs.

Edited June 6 by JKLSemicolon

[belinda63 3,031]

Three years of tax returns, this means the entire tax return as filed with the IRS and W2s OR tax transcripts which are available online. Just the W2s are not sufficient.

As said in other posts proof of current income such as paystubs and a letter of employment. 

[carmel34 3,611]

12 hours ago, FordRacer2007 said:

I calculated that I did meet the required 125% of the federal poverty guideline for my household size, but maybe someone here can just confirm this for me. I have custody of 2 kids in my house from a previous relationship and a 3rd kid with my wife. How much did I have to gross in 2023 to qualify without having to get a joint sponsor?

The income +25% for 2024 for a household of 5 is $45,725.  If you are below or just over that amount for your current income (proof would be some recent pay stubs and a letter from your employer), you should re-submit the I-485 with a joint sponsor (I-864 with supporting financial documents).  You are always the primary sponsor so you will need your own I-864 with supporting documents.

[MMRF 21]

You would probably benefit from legal assistance as it seems this process is not easy enough for you to manage on your own. Your wife is currently out of status and subject to deportation.