RFE's redundant requests?!

[rochestergrad 10]

Hi all,

I got the RFE in the mail today, and I'm really confused by the letter. I wonder if any of you can help?

There are two checked boxes in the letter:

1. The petitioner lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Submit evidence of the petitioner's current income, Such evidence should include: Letter of employment, Pay stubs, Evidence of other income.

2. Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner, the income did not meet 125% of the poverty guideline for the petitioner's household size. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Here's the question: in the first request, they acknowledge that my husband's current income can be considered as sufficient (we listed $130K for a family of two), and we provided an unofficial employment letter initially. So now since they are asking for it again, it's easy to have his employer issue an official employment letter as proof. But then, if it is proved that his income is sufficient, why do we need to submit things required in 2? Doesn't request #2 sound redundant?

Also, another tricky situation we are in is that my husband is a recent graduate. So his 2014 tax return does show an annual income below the required amount (but above the line for both 2012 and 2013). We were married this June, he started his new job at the beginning of this September, and we filed in the middle of September. So he only has about 3 pay stubs so far, and none when we filed.

What exactly do you think we should submit in such a situation? Do we really have to find a joint sponsor?

Thanks a lot!

[teeak 224]

1) They deem the $130k to be sufficient but, you haven't provided enough evidence for them to believe that your husband will be earning this amount.

2) They were probably looking at the 2014 IRS tax transcript and deemed that he doesn't earn enough since they didn't have any actual pay stubs to go off of when you first filed.

What you can do is provide more evidence that your husband will/is earning this $130k income. Provide an official employment letter and pay stubs. They will 'hopefully' accept it but, it's a job he's only had for about 1 month so it depends on if they believe this is a job he'll be able to keep.

To go the safer route, you can look into finding a joint sponsor. Someone who has held a stable job and earns enough to be able to sponsor you.

[rochestergrad 10]

1) They deem the $130k to be sufficient but, you haven't provided enough evidence for them to believe that your husband will be earning this amount.

2) They were probably looking at the 2014 IRS tax transcript and deemed that he doesn't earn enough since they didn't have any actual pay stubs to go off of when you first filed.

What you can do is provide more evidence that your husband will/is earning this $130k income. Provide an official employment letter and pay stubs. They will 'hopefully' accept it but, it's a job he's only had for about 1 month so it depends on if they believe this is a job he'll be able to keep.

To go the safer route, you can look into finding a joint sponsor. Someone who has held a stable job and earns enough to be able to sponsor you.

Thanks! One more question: I own the house that we stay at in the US, but it's under my name (while my husband is the petitioner). Can this house be used as an asset to fulfill this purpose?

[Ebunoluwa 6,136]

Not if it is your residence and the sale could cause hardship, so not for the first house and car etc....besides a decent employer letter and the 3

pay stubs I would send a bank letter showing deposits and bank statements.

Employer letter should include that this is a long term job and the date you were hired in addition to the pay etc. you want to let them know

that you aren't leaving any time soon and staying with the job.