Received an RFE... Not sure where it went wrong. Any advice would be greatly appreiated.

[LowSerotonin 1]

Hi everyone, I recently received an RFE regarding the form I-864 we submitted.

However, I am not sure where we went wrong.

1. We definitely meet the 125% poverty guideline, and it's shown in the evidence we submitted.

2. We submitted all the evidence regarding the Tax Return form, bank statements, and W-2.

 

Is our best course just to re-submit things again?

Thank you for reading this post.

 

 

 

[OldUser 7,013]

Was the proof of soonsor's US citizenship also submitted?

How well above 125% minimum the income is?

[LowSerotonin 1]

7 minutes ago, OldUser said:

Was the proof of soonsor's US citizenship also submitted?

How well above 125% minimum the income is?

Yes. We submitted a copy of her passport.

We are well above the 125% threshold.

[Boiler 45,769]

For 3 years?

[OldUser 7,013]

5 minutes ago, LowSerotonin said:

Yes. We submitted a copy of her passport.

We are well above the 125% threshold.

As @Boiler said - for 3 years?

Also did you include all pages of all documents you submitted?

[LowSerotonin 1]

12 minutes ago, OldUser said:

As @Boiler said - for 3 years?

Also did you include all pages of all documents you submitted?

 

15 minutes ago, Boiler said:

For 3 years?

It was our understanding that we only had to provide the most recent W-2 and tax return. We did not know that we had to show that we had met the 125% threshold for three years.

Unfortunately, my wife has only been working for 2 years and I don't think we have evidence to show 3 years... does that mean we have to find a joint sponsor? If so, in their form, should the household size include the 2 of us?

 

[Boiler 45,769]

I think.... the form is auto generated when you do not tick all the boxes???

 

Anyway what are you adjusting from?

[LowSerotonin 1]

5 minutes ago, Boiler said:

I think.... the form is auto generated when you do not tick all the boxes???

 

Anyway what are you adjusting from?

I am adjusting from K1 visa.

My wife had only been working for 2 years since she graduated from college not long ago. We provided the evidence for the years she worked, but since she didn't have any income for the third year, we wrote N/A.

We thought that since she was a student and just recently started working just providing the evidence for the 2 years was enough. I'm now realizing that was our mistake.

What can we do in our new submission to rectify that mistake? If we explain further, she was a student and was not able to work, would that be enough to not have any 3rd-year income?

Or do we need to find a joint sponsor?

 

Also, thank you so much for reading and responding to my post. I really appreciate all of you guy's help ;u;

Edited 15 hours ago by LowSerotonin

[OldUser 7,013]

21 minutes ago, LowSerotonin said:

Or do we need to find a joint sponsor?

^ this

 

Officer has discretion whether to accept proof of incomr for 1 year or if doubt, request all 3 years.

 

Qualifying Joint Sponsor seems the way to go to ensure I-485 is approved.

[LowSerotonin 1]

1 hour ago, OldUser said:

^ this

 

Officer has discretion whether to accept proof of incomr for 1 year or if doubt, request all 3 years.

 

Qualifying Joint Sponsor seems the way to go to ensure I-485 is approved.

Thank you so much!

[Edward and Jaycel 299]

Did you also provide proof of current income for your wife? This is also very important.

[Liam2021 586]

Did employment verification letter submitted?

A current W2 is not enough.

[Family 4,068]

9 hours ago, LowSerotonin said:

 

It was our understanding that we only had to provide the most recent W-2 and tax return. We did not know that we had to show that we had met the 125% threshold for three years.

Unfortunately, my wife has only been working for 2 years and I don't think we have evidence to show 3 years... does that mean we have to find a joint sponsor? If so, in their form, should the household size include the 2 of us?

 

You understood correctly. Only CURRENT income is used to qualify, thus only ONE ( most recent tax year for you is 2023) is REQUIRED…be it at adjusting in US or consular overseas.

 

Therefore , it’s ok for you to resubmit a new I-864 , indicate OPTION that you are not submitting 3 years as I assume you did and include once again ALL financial docs :

1. Current paystubs ( cover 3 months )

2. Verification of Employment Letter ( optional, if you can get it..otherwise don’t stress)

3. W-2 for 2023 

4. IRS tax transcripts for 2023 ( free online and usually instant )

5 Copy of 1040  Federal Tax Return as filed 

 

Draft a simple Cover Letter As Response to RFE . Use their own template as guide . State RFE was issued in error as Petitioner /Sponsor meets  ALL income qualification criteria and complete financial documentation was originally submitted at filing. Say you are enclosing newly executed I-864 , updated employment and tax records , in an abundance of caution.

 

I confess , I get a mild headache every time I read people propagating the 3 year myth ..just cause some rogue consular officer “ said so” and that person did not push back! 
‘Where is @pushbrk when I need an aspirin 😂

‘Current income is King and rules…

 

 

 

 

[Family 4,068]

7 hours ago, Edward and Jaycel said:

Did you also provide proof of current income for your wife? This is also very important.

Bingo! Paystub was missing in original post, though even if sent it often happens that these vague /non specific RFE templates are issued….and as an aside assets based I-864 s are a For Sure RFE that always resolve with a concise response and updated states. 
Rant here..please indulge 😂, but another VJ myth ( not OP s case) is that an owner occupied home’s equity does not qualify. Pure myth …at any stage, consular or US based adjustment…though it often requires back and forth arguments, it IS a qualifying asset. 

[Family 4,068]

9 hours ago, OldUser said:

^ this

 

Officer has discretion whether to accept proof of incomr for 1 year or if doubt, request all 3 years.

 

Qualifying Joint Sponsor seems the way to go to ensure I-485 is approved.

No, the officer does NOT have discretion at this stage .

If there is a current tax year return ( simply backed up by tax return, W-2 and paystub) , that show the Poverty Guidelines are MET ( NO MATTER that number is simply threshold) , those numbers do NOT have to be ABOVE guidelines by any fraction or percentage or dollar amount. Not a penny more is “ required “ .

 

If USCIS wants to argue’totality” , that too will require non discretionary baselines. ..yup, they all have to be spelled out.

 

You know, I love your input and Dang! your generosity with so many posters. Your most admirable quality is the willingness to take USCIS to task, sometimes with humor but always with earnest intent. 
‘A storm is A Coming…YOU are one of the few not pulling the ladder for those behind you. ..and I-864 issues are pretty black and white .