RFE (I-485) Help!

[bv9320]

Yesterday we received a yellow letter stating that USCIS is requesting for Initial Evidence (I-485). The letter says that the I-864 we submitted did not meet the poverty line which is a little confusing. The letter says:

"Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size."

To give you some specifics, I petitioned my wife who was an F1 student in OPT status and it was approved and she's been working since last year. Then she filed for AOS along with other forms and we thought we are good to go. I am currently studying so I don't really have income besides the money I get from Post 9/11 GI Bill, and she's been working since May last year. Her income alone covers almost double the federal poverty line for our household (2). In the I-864, we submitted a letter from her employer stating her annual income. Shouldn't that be enough evidence that we meet the poverty line already? I'm really baffled. Because in the instructions, it clearly states that since the intending immigrant (my wife) lives with me, I can use her income for the I-864 and that's what we did. Do you think they might have overlooked that?

I hope someone in a similar situation can help us out on this. Thank you in advance.

 

[Jackolantern]

The problem here isn't her income level, it's that the employment income must be legally authorized employment within the US, and be reasonably expected to continue indefinitely after green card approval.

If you didn't submit a copy of her OPT EAD with the I-864, they might not be aware that her employment is and was legally authorized. If you already submitted that, the problem is that OPT is a short-term arrangement with a fixed end date, so she would need an offer letter from the employer to confirm that they want her to work beyond OPT expiration.

In addition to the above, they'll also want some recent paystubs (if you haven't already submitted them).

 

[Aayitrun]

so i used my h1 income to cross the line for our case. you have to prove that u are working legally, so i sent all my h1 related docs, and u also have to get a letter from the employer saying that you are a full time employee and not contractual because contract employees are going to end the contract at the said date and they want proof of continued income.

 

[bv9320]

The problem here isn't her income level, it's that the employment income must be legally authorized employment within the US, and be reasonably expected to continue indefinitely after green card approval.

If you didn't submit a copy of her OPT EAD with the I-864, they might not be aware that her employment is and was legally authorized. If you already submitted that, the problem is that OPT is a short-term arrangement with a fixed end date, so she would need an offer letter from the employer to confirm that they want her to work beyond OPT expiration.

In addition to the above, they'll also want some recent paystubs (if you haven't already submitted them).

so i used my h1 income to cross the line for our case. you have to prove that u are working legally, so i sent all my h1 related docs, and u also have to get a letter from the employer saying that you are a full time employee and not contractual because contract employees are going to end the contract at the said date and they want proof of continued income.

Thanks for your responses! So basically all we have to do now is send a letter from her employer stating her annual income, that she is in good standing, and that she will continue to work there beyond her OPT status. Is that correct? And also her recent paystubs of course. Do we just send those documents along with the RFE letter or do we have to make another I-864 (I hope not.)

Thanks again!

 

[Jackolantern]

If the amount shown on the I-864 is enough, you don't need to send another I-864.

However, you should include a cover letter stating the essential points of your response, including a statement that her income of $XXXXX is listed on the I-864 and is sufficient for your household size, and the letter should list the attached pieces of evidence (employer letter, paystubs, OPT docs etc.).