Request for Initial Evidence for I-485/Affidavit of Support - PLEASE HELP!

A

avio

Registered Users (C)
So instead of the biometrics notice I received a notice about Request for Initial Evidence for I-485, related to Affidavit of Support, it said that my wife does not meet the income requirement for the 125% poverty line, and we must submit a joint sponsor or assets.

Her income for last year was $18,344, the year before was $12k, and year before that was $8k... that is because she wasn't working full time prior to last year. And we only submitted the tax return transcript for income verification for the latest year, didn't know the income needed to meet the poverty line for previous 3 years.

According to http://aspe.hhs.gov/poverty/11poverty.shtml - her income for last year was well above the poverty guide line. On this page http://www.nilc.org/pubs/guideupdates/fedpovguide.htm - it says 2011 income requirement is $18,387 - could it be that it was because her income for last year was $18,344 and didn't meet the 2011 guidelines? Shouldn't it be the 2010 guidelines? And are all 3 years suppose to matter or just the latest year?

They've requested Initial evidence within 87 days. I've scheduled an appointment with INFOPASS as instructed by customer service on the phone, but I wanted to get some opinions on what can be done next?

What can we do if we can't get a joint sponsor?
 
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I assume she is the US citizen sponsor and you are the immigrant spouse? If not, the rest of this post may not be applicable.

If she filed the I-864 in 2011, her income needs to meet the 2011 guidelines. You linked to an old version of I-864P which shows "expires 9/30/06" at the top. The latest version is here: http://www.uscis.gov/files/form/i-864p.pdf. The only difference between your link and mine is that yours has an uppercase "I" for the I-864P. USCIS should have deleted the old one from their web site instead of keeping it active with such a similar name.

Assets can be used to make up the difference, and she's short by only $43. For a case based on marriage to a US citizen, every $3 of assets offsets the income requirement by $1. So you just need to submit proof of at least 3 x $43 = $129.
 
Jackolantern said:
I assume she is the US citizen sponsor and you are the immigrant spouse? If not, the rest of this post may not be applicable.

If she filed the I-864 in 2011, her income needs to meet the 2011 guidelines. You linked to an old version of I-864P which shows "expires 9/30/06" at the top. The latest version is here: http://www.uscis.gov/files/form/i-864p.pdf. The only difference between your link and mine is that yours has an uppercase "I" for the I-864P. USCIS should have deleted the old one from their web site instead of keeping it active with such a similar name.

Assets can be used to make up the difference, and she's short by only $43. For a case based on marriage to a US citizen, every $3 of assets offsets the income requirement by $1. So you just need to submit proof of at least 3 x $43 = $129.
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So if we show a bank statement of $129 that's it? Does only the last year of income matter or all three years?
 
The last year is most important. But if the type of job involves very irregular income (e.g. somebody who works for commission-only and they earn drastically different amounts each month), they may want to also consider prior years to evaluate whether the individual can consistently earn over 125% of the poverty line.

What about her current salary or hourly/weekly wage? Does it work out to more than $18,387 based on the number of hours she normally works per year? If yes, she should also include a job letter stating her current wage or salary, and copies of paystubs.
 
Jackolantern said:
The last year is most important. But if the type of job involves very irregular income (e.g. somebody who works for commission-only and they earn drastically different amounts each month), they may want to also consider prior years to evaluate whether the individual can consistently earn over 125% of the poverty line.

What about her current salary or hourly/weekly wage? Does it work out to more than $18,387 based on the number of hours she normally works per year? If yes, she should also include a job letter stating her current wage or salary, and copies of paystubs.
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Well shes working full time now and she wasn't previously (08, 09).. so her income doesn't meet the requirements for those years. But it did for 2010, however not 2011, she hasn't filed taxes for 2011.

She works on hourly + tips at the salon, the tips aren't listed on the pay stubs, but she did file them with the taxes for 2010.
 
Bump.

SO according to the letter I need to send in 12 months of bank statements, but the 12 months of bank statements don't consistently show the same amount, its deposited and withdrawn...

Do I need to include 12 months of bank statements or should 1 statement from the bank manager be fine showing current account balances?

My statements are online and not from the bank in the mail since we do online banking... is that okay? Is it okay if we print the bank statements from online and send it in?

Also what exactly should I put on the cover letter? What should it say?
 
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avio said:
Bump.

SO according to the letter I need to send in 12 months of bank statements, but the 12 months of bank statements don't consistently show the same amount, its deposited and withdrawn...
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That's why they asked for bank statements and not just the bank balance. The bank statements would show the individual transactions.

Do I need to include 12 months of bank statements or should 1 statement from the bank manager be fine showing current account balances?
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Are the bank statements being used as evidence of income, or evidence of assets?
 
Jackolantern said:
That's why they asked for bank statements and not just the bank balance. The bank statements would show the individual transactions.


Are the bank statements being used as evidence of income, or evidence of assets?
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its for the assets because I'm missing $43 in income for 2011, so need to do 3x that on assets, I deposited $3000 in the bank, but thats not for the past 12 months... its just now. So even if I give them 12 months of statements, it will have various balance amounts throughout and only recent will show current balance as $3000.
 
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Bump.......

Should the money deposit be in the bank account for 12 months? Does it matter if i just depositted it right now to show that I have money/asset in the amount of $2000 to cover the $43 missing income.

I also own a car but its Canadian, should I include that as an asset? It's worth about $5000.
 
I got my letter for biometrics appointment in the mail but I haven't even responded to the Initial Evidence letter yet? Could it be someone looked at it and thought $43 was too little of amount to request further evidence?
 
avio said:
I got my letter for biometrics appointment in the mail but I haven't even responded to the Initial Evidence letter yet? Could it be someone looked at it and thought $43 was too little of amount to request further evidence?
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BUMP please respond.
 
This is a standard form RFE for form I-864. Send in as much of the following that you can before the deadline specified on the form.
 
Help! bump... I'm about to send a current balance statement letter from the tank with the letter back... I'm going to print 12 months of statements, get them stamped by the bank and send those in as well..

Only the current balance letter will show a amount of $2500, and the balance average for 12 months is around $200-300...
 
avio said:
Help! bump... I'm about to send a current balance statement letter from the tank with the letter back... I'm going to print 12 months of statements, get them stamped by the bank and send those in as well..

Only the current balance letter will show a amount of $2500, and the balance average for 12 months is around $200-300...
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I think that's a good idea since that's all you can do at this point. It is important to send something in before the deadline they gave you on the RFE. Allowing the RFE to pass without submitting at least something can lead to a lot of hassle.My $0.02
 
My status is now showing my EAD is approved and should be arriving the mail soon... the other status says we'll notify you in 60 days from June 30th, thats when they received my initial evidence. I had my biometrics done already, and my EAD has been approved.
 
Great!

avio said:
My status is now showing my EAD is approved and should be arriving the mail soon... the other status says we'll notify you in 60 days from June 30th, thats when they received my initial evidence. I had my biometrics done already, and my EAD has been approved.
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My EAD card finally arrived in the mail so I can go ahead with my social security number and drivers license :)

Waiting on the response to Initial Evidence Request...
 
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